# Tenant didn't pay rent, how do I evict him. No written agreement signed.



## rentonrenton (Jan 18, 2017)

I have a detached house. There are 3 tenants living in my basement. They are not related or family, they live in their own bedrooms. And they shared a kitchen in the basement. I live upstairs. I didn't sign anything with them. 

Now one of the tenants didn't pay his rent. it's past-due for a month. This is not the first time he is late for rent. He used to be one or two weeks late. I didn't give him any problem. He always tells me difference excuses such as applying for social assistance, got a new job and will be paid later. Also, his girl friend stayed overnight sometimes and he played music a bit too loud.

I really want to kick him out for not paying the rent. But there is no written agreement between us. How do I evict him? Does the laws still apply?


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## rentonrenton (Jan 18, 2017)

I live in toronto, by the way


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## Davis (Nov 11, 2014)

You really need to read up on your obligations and rights as a landlord in Ontario. Not having a written agreement was a bad start. The Landlord and Tenant Board of Ontario has the information you need here: www.sjto.gov.on.ca/ltb


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## AltaRed (Jun 8, 2009)

rentonrenton said:


> But there is no written agreement between us. How do I evict him?


This response is not helpful, but lordy...lordy....lordy. I don't even know how to respond to that. The only way to do business of any kind is with a comprehensive contract.


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## Just a Guy (Mar 27, 2012)

Ontario has laws that are very tenant friendly...no lease either. I'd say you've got your work cut out for you. Peer pressure may be your best option.

Hopefully you learn from this.


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## twa2w (Mar 5, 2016)

Agree with A/R. 
Several ideas
You may not fall under landlord tenant legislation as you may be under rooming house rules as you are renting bedrooms with shared kitchen.
Have you talked to this guy. What is his excuse. When does he plan to pay.
There are rules under both landlord tenant and rooming house laws for month to month tenancies. It may be something like notice is 2 or 3 times the tenancy period.
Ie if week to week, you must give 3 weeks notice, if month to month, you must give 3 months notice.
I would determine what rules you fall under then ensure you follow the letter of the law and ensure everything is in writing.
I would start by giving him notice of arrears outlining exactly the amount and dates he is in arrears for and having him acknowledge it.


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## Mortgage u/w (Feb 6, 2014)

Change the door locks and ensure they never get back in.


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## sags (May 15, 2010)

Before you get involved in anything.........are the bedrooms legal ? Are there exit windows, smoke and carbon monoxide alarms ?

If not.........best you handle it quietly and ask the tenant to leave. Maybe even give him some money to move along.

If it is legal, you should be able to serve notice on him as provided by law.


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## rentonrenton (Jan 18, 2017)

twa2w said:


> Agree with A/R.
> Several ideas
> You may not fall under landlord tenant legislation as you may be under rooming house rules as you are renting bedrooms with shared kitchen.
> Have you talked to this guy. What is his excuse. When does he plan to pay.
> ...


I don't think it's a rooming house. I don't share kitchen with tenants. They all live in the basement. They use the kitchen in the basement. I use my own kitchen and washroom upstairs.


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## Berubeland (Sep 6, 2009)

Hi Renton maybe I can help, it doesn't really matter that much that you don't have a lease, the first thing you do is give the tenant an N-4 from the Ontario Landlord & Tenant Board, then contact either the Landlord's Self Help Center and they can explain next steps to you, http://www.landlordselfhelp.com/frontpage.asp or if you can afford it, get a paralegal and they will fill out the rest of your paperwork and help you through the process.


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## twa2w (Mar 5, 2016)

rentonrenton said:


> I don't think it's a rooming house. I don't share kitchen with tenants. They all live in the basement. They use the kitchen in the basement. I use my own kitchen and washroom upstairs.


You don't have to share a kitchen with them. They share a kitchen and I assume a common living room and you rent individual bedrooms to each person. If so i think you could be a rooming house. If you rented the whole basement for one rent, divided three ways then you are a landlord/ tenant.
Make sure you check the legislation for the city you are in for definition.
This is the definition in Toronto for example.....
For Zoning and Rooming House Licensing purposes, the general definition of a rooming house is a building lived in by more than 3 unrelated persons, operated for remuneration/financial gain and providing shared accommodation, without exclusive use of sanitary and kitchen facilities for more than 3 unrelated persons.


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## lonewolf :) (Sep 13, 2016)

Just a Guy said:


> Ontario has laws that are very tenant friendly...no lease either. I'd say you've got your work cut out for you. Peer pressure may be your best option.
> 
> Hopefully you learn from this.


 Studies have shown humiliation produces the strongest emotions, which is probably why we herd. Have seen on TV where business have gotten paid money owed after having used bill boards with name & amount owing. Maybe call their mother


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