# Landlord wants me out.



## abroad (Feb 26, 2013)

My landlord told me that I have to leave their house, because a 'relative' wants to move in.
I'm pretty sure thats not a relative but someone else how pays 200 dollar more a month.


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## jamesbe (May 8, 2010)

What province are you in?

It can't just be any relative it actually has to be the landlord or immediate family member in Ontario. But Landlords will try this tactic all the time, to get tenants out. I believe they must apply to the board and prove that they are moving in or someone eligible.

If you don't want to move, contact the board.


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## Just a Guy (Mar 27, 2012)

Do you really want to stay in a place where the landlord/tenant don't get along? This is a sure fire recipe for disaster as you'll make life miserable for each other...


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## MoreMiles (Apr 20, 2011)

Just a Guy said:


> Do you really want to stay in a place where the landlord/tenant don't get along? This is a sure fire recipe for disaster as you'll make life miserable for each other...


I agree. Many tenants want to believe their home is unmovable. However, you are living in someone else's house by paying a rent. That person still owns the property. If you get him upset, he may simply sell the house.

That is why so many people prefer to mortgage and buy their own home. Maybe you should consider that if you don't want to face a similar situation in the future.


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## marina628 (Dec 14, 2010)

MoreMiles said:


> I agree. Many tenants want to believe their home is unmovable. However, you are living in someone else's house by paying a rent. That person still owns the property. If you get him upset, he may simply sell the house.
> 
> That is why so many people prefer to mortgage and buy their own home. Maybe you should consider that if you don't want to face a similar situation in the future.


Do you rent entire house or basement /partial use of the house?


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## Rusty O'Toole (Feb 1, 2012)

It is legal to evict somebody with 60 days notice if you need the accommodation for a relative. But you should warn the landlord that you will be in touch with the appropriate authorities and will follow up to make sure the new tenant is a relative as defined in the Landlord and Tenant Act.


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## marina628 (Dec 14, 2010)

Landlords should keep around a kid or two for these circumstances.If it is a private home why cant he raise your rent by $200 a month and let you stay ,it may be really the case he needs it for family .If it is family he may be wishing he had you back in a year or two lol.My friend rents to her niece and she is always making up excuses to late pay rent.


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## MoreMiles (Apr 20, 2011)

Rusty O'Toole said:


> It is legal to evict somebody with 60 days notice if you need the accommodation for a relative. *But you should warn the landlord that you will be in touch with the appropriate authorities* and will follow up to make sure the new tenant is a relative as defined in the Landlord and Tenant Act.


:hopelessness::hopelessness::hopelessness:
Now you see why many investors don't want to be landlord?! They would prefer to get REIT so avoid this type of behaviours.
Why do you need have such hostility? Is landlord or rich person evil by definition? What are you going to do then if he lies to you so he can charge $200 extra per month more? Don't you want to be rich one day too?

You are working hard at your job to make as much money as possible, right? Is that evil too, to expect a raise of $200 per month? Why is it then it's evil for someone to ask for what market will give as a landlord?

I know I know, there are laws, just like there are unions. But those are outdated! Every landlord in Ontario knows that an old tenant is limited to 1-2% only of rent increase... and that is not even enough to pay for the recent increases in repair costs and inflation. With our interest rate rising soon... this ridiculous limit will drive many landlords to give up their investment, selling their property so they don't keep losing money. We will see many complainers in this board at that time.. "my landlord kicked me out because he sold his property after I had refused to pay more, blah blah blah".


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## abroad (Feb 26, 2013)

abroad said:


> My landlord told me that I have to leave their house, because a 'relative' wants to move in.
> I'm pretty sure thats not a relative but someone else how pays 200 dollar more a month.


This is the second house I rent from this landlord. its always bin an oral agreement, the first house they got back with in the month they asked for it.
This house we had to clean for more than a week, ketch up on the walls, puke on the carpet(witch they said they,would put a new one in, but didn't),
catshit and pis in the house, last renters left with a debt of at least 4 months rent, and so on. The rent we had to pay was also for the period we had to clean it, we did agree that they would clean it but they didn't.

they could have asked us for the 200 extra but they didnt. I think because we are busy buying a house and they have found someone how wants to rent for several years. 

I have no problems to leave if it was for a ralative or for the landlord if they need the house for themself. (thats what we did with the previous house for the same landlord)

They where always complaining about the renters making a mess, we always ask them in when they collecting money or cheque, they always told us that they where happy with us as renters because we keep it clean. The never had a house back as clean as the house we had to leave the first time.
When we leave the same day can move new people in.

they told me 3 sept to leave before 1 oct 
Just when the new school year for the kids started.

So that why I'm a little disaponted in my landlord.


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## MoreMiles (Apr 20, 2011)

abroad said:


> This is the second house I rent from this landlord. its always bin an oral agreement, the first house they got back with in the month they asked for it.
> This house we had to clean for more than a week, ketch up on the walls, puke on the carpet(witch they said they,would put a new one in, but didn't),
> catshit and pis in the house, last renters left with a debt of at least 4 months rent, and so on. The rent we had to pay was also for the period we had to clean it, we did agree that they would clean it but they didn't.
> 
> ...


No written lease? It's just a handshake verbal agreement? You should start packing. There is nothing you can do here. He would argue that it was a month-to-month lease. What his previous renters did to his property has no relationship on your lease. So there is no point to bring it up.

You posted on the other thread. http://canadianmoneyforum.com/showthread.php/15978-Not-Closing/page2
I think you should really try hard to close that property, even if there is no "compromise" (ie. price reduction) form the seller. If you want to look, negotiate, and close another property, it will take about 3 months on average. Would 3 months of hotel expenses (ie, $10,000) be worth your headache and price reduction?


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## matlock (Apr 22, 2012)

MoreMiles said:


> No written lease? It's just a handshake verbal agreement? You should start packing. There is nothing you can do here. He would argue that it was a month-to-month lease. What his previous renters did to his property has no relationship on your lease. So there is no point to bring it up.


Perhaps you should explain this to the Landlord-Tenant Board, since they don't exactly see it like this. Verbal agreements are treated in the Residential Tenancies Act like any other agreement, and leases can only end for very specific reasons. The fact that the landlord has rented to a renter is sufficient to establish a tenancy (cancelled rent cheques are usually pretty good proof of this) and tenancies aren't up for renegotiation at the end of every term. This might be different in other provinces, but OP has clarified his or her location (Ontario) and the statutes are quite clear.

Furthermore, every single year-long (or longer) lease defaults to month-to-month at the end of the term unless another lease is signed (which is in no way obligatory) and the reasons for eviction change in no way because of this: "immediate family needs the unit" is a valid reason for ending a tenancy (written or verbal, month-to-month or year-to-year) and faking that reason just earns you a hassle from the LTB.


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## james4beach (Nov 15, 2012)

Regarding the oral agreement issue... you can still be a legitimate renter even if there is no written lease. This does not suddenly evaporate all your rights so don't start thinking you have to give up your rights under the law.



abroad said:


> they told me 3 sept to leave before 1 oct


That's not enough notice, even if they have a legitimate and allowable reason to end the tenancy. Looking at this source on eviction for personal use, I see a 60 day notice requirement.

The easiest thing to do may be to (after you double check the law yourself) politely remind the landlord that a minimum of 60 days notice must be given. And of course they have to provide a written notice of termination.

Whether the eviction reason is acceptable under the law is another matter, but various forms of 'personal use' are permitted. You can read the Requirement of Good Faith section at that link... realistically though if they're going to make this claim, I think you should expect 60 days to find a new place to live, and start looking.

Some additional information can be found here:
http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111677.html


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## Berubeland (Sep 6, 2009)

The rules are the rules. Your landlord needs to give you 60 days notice that ends at the end of a rental period. For now you don't have to move until you get proper notice on the Landlord & Tenant Board form. The earliest you may have to move is November as of today. If the landlord wrote you a notice by hand or just gave you a letter, you don't have to move. You can also wait until

If his relative doesn't move in for a year or so, and he moves in a new tenant paying more rent, he has given notice in bad faith and your free local legal clinic and their student lawyers will produce reams of evidence and get you thousands of dollars back in moving expenses and rent differential. 

One of the posters has intimated that you should move and why bother. You can either earn more or you can spend less. Your landlord entered the contract and failed to perform his duties and made you do some of his responsibilities of cleaning and fixing. In exchange for tolerating his complete lack of professionalism, you got a deal. Business is business.


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## marina628 (Dec 14, 2010)

I am not sure why some landlords need to be this way maybe I am different because I treat people as I expect to be treated.We told our tenants almost 2 years in advance that when our mortgage was up we wanted to sell the house and in order to do that it had to be vacant.They actually were able to find a place about 7 months before we were expecting them to leave and we let them leave with 12 days notice to us .It actually worked out well as my husband was able to take his time and do what he wanted and we even gave our old tenants a gift card because they really were great tenants.


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## Spudd (Oct 11, 2011)

Marina, I think the answer is some people are just assholes.


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## Berubeland (Sep 6, 2009)

I don't know why so many landlords are this way, I just need to stay away from them. I get at least 5-6 calls a month about this very issue.


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## andrewf (Mar 1, 2010)

Just as their are tenants from hell, there are landlords from hell. Landlords that will lie, cheat and steal to save a few bucks. I think there are problems with the LTA and that evicting problem tenants should be easier, but on the other hand, there are scumbag landlords (or incompetent landlords that enter into contracts without even making a cursory effort to understand the law surrounding residential tenancies) that make many aspects of the law necessary.


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## Rusty O'Toole (Feb 1, 2012)

MoreMiles said:


> :hopelessness::hopelessness::hopelessness:
> Now you see why many investors don't want to be landlord?! They would prefer to get REIT so avoid this type of behaviours.
> Why do you need have such hostility? Is landlord or rich person evil by definition? What are you going to do then if he lies to you so he can charge $200 extra per month more? Don't you want to be rich one day too?
> 
> ...


Ha ha ha I have been a landlord since 1972. I live by the Landlord and Tenant Act and obey the law. So do practically all the landlords I know.

The law gives the landlord the right to evict if they need the property for themselves or a member of their immediate family. This does NOT give anyone an excuse to kick somebody out for no reason.

I go by the rules and regulations and try to do what is right. If all my tenants did the same my life would be a lot easier.

In fact I am in the process of selling my rental properties and putting the money into other investments for this and other reasons.

That does not alter the fact that the law is there to protect the tenant, and the tenant does not have to move unless they have proper written notice.

This is very important, 60 days is standard in Ontario. Most good tenants give that much notice, therefore most good properties are being advertised, and rented, 60 days ahead or more.

If you are looking for a property in less time, you are not going to get the best properties and you are going to look suspicious to a landlord. I know when I see someone looking for a place right away it is a major red flag. When they are looking 30 - 60 days ahead, or more, that is normal.

So, I am saying the landlord may have the legal right to evict the tenant but there are rules that have to be followed.


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## Andrew (May 22, 2009)

Ask the landlord to have the relative call you to confirm that they want to move in.


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## OhGreatGuru (May 24, 2009)

Everyone is dumping on landlord. But note OP says:
"I think because we are busy buying a house and they have found someone how wants to rent for several years."

So the tenant is already planning to "dump" the landlord on short notice as soon as he can complete a house purchase, and it sounds like he made the mistake of letting the landlord know this. I agree the landlord ought to have given a bit more notice, but can you blame the landlord for wanting to replace OP with a tenant with a long-term commitment?


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## Rusty O'Toole (Feb 1, 2012)

I don't blame the landlord for wanting a new tenant. I don't blame the landlord if he needs the place for a relative. I blame the landlord for not obeying the law.


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## Plugging Along (Jan 3, 2011)

Andrew said:


> Ask the landlord to have the relative call you to confirm that they want to move in.


And how will the tenant confirm the the relative is really a relative? Do you ask for birth certificates , marriage licenses, ect. Just curious.


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## Berubeland (Sep 6, 2009)

OhGreatGuru said:


> Everyone is dumping on landlord. But note OP says:
> "I think because we are busy buying a house and they have found someone how wants to rent for several years."
> 
> So the tenant is already planning to "dump" the landlord on short notice as soon as he can complete a house purchase, and it sounds like he made the mistake of letting the landlord know this. I agree the landlord ought to have given a bit more notice, but can you blame the landlord for wanting to replace OP with a tenant with a long-term commitment?


The tenant still needs to give 60 days notice. The landlord still needs proper grounds to evict and still needs to give 60 days notice. Not to mention the impossibility of having rented the place without showing it to the tenants.


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## Hawkdog (Oct 26, 2012)

One of the many reasons why I bought my house, no landlord.


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## none (Jan 15, 2013)

Hawkdog said:


> One of the many reasons why I bought my house, no landlord.


My landlord pays me $500 go live in her house while she does any repairs. That's one of the many reason's I rent: chump landlord.


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## Hawkdog (Oct 26, 2012)

none said:


> My landlord pays me $500 go live in her house while she does any repairs. That's one of the many reason's I rent: chump landlord.


inconvenient and an invasion of your personal space.


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