# Tenant wants compensation?



## KaeJS (Sep 28, 2010)

A tenant that I have had for 5 months was to be leaving April 1.

Today is April 1. He says he has a new place and it will take him a couple days to move.

Fine. I don't mind.

However, tenant says I did not provide a "quiet" enough atmosphere, and that he needs to go to the doctor due to lack of sleep and possible health problems. Said he will give me a letter from his doctor and lawyer. Lawyer? He's going to a lawyer? Wouldn't that cost a fortune? 

Tenant says if I compensate him $500 cash, he will just leave. Otherwise, he will file a complaint with the landlord and tenant board. 

The **** is this? 

Seems like a bunch of scamming to me. I told him he has until the end of the week to move out and I will not be compensating him. I said he is welcome to visit the board and file a complaint. 

To my knowledge, since he has no contract and I share a kitchen/bathroom with him, can he even file a complaint that it wasn't quiet enough? I thought if he had no contract and shares my home with me, the landlord and tenant act does not apply in Ontario?

It has been quiet between 11pm and 9am. He is also not working right now (got laid off 2 months ago) so... I don't understand the need for all these issues.

I don't really care if he takes a week to move out as long as he moves out. 

Help?


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## KaeJS (Sep 28, 2010)

Also, it was the tenant's choice to leave. I did not force or evict him.

He decided first week of March he would be leaving. 

I had no problem with him staying. 

So, I don't get it.


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## financialnoob (Feb 26, 2011)

It sounds like you're totally surprised by the complaint which makes me assume they had never actually told you about it which, for a condition that takes time to develop, seems like a prerequisite to any actual action being enforced in any setting.

Of course I've been wrong before, but on a seriousness level, I would personally treat this as a 1 out of 10, mildly obnoxious.


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## Addy (Mar 12, 2010)

KaeJS said:


> To my knowledge, since he has no contract and I share a kitchen/bathroom with him, can he even file a complaint that it wasn't quiet enough? I thought if he had no contract and shares my home with me, the landlord and tenant act does not apply in Ontario?


Correct, this does not fall under the landlord tenant act of Ontario because of the shared kitchen and bathroom. It's the main reason we rent out rooms vs a basement suite, it's easy to toss out a room mate (and your 'tenant' is not a tenant, he is a room mate).

I guarantee he is pulling your bluff, there's no way he is going to pay hundreds to a lawyer to send you a letter. He must be hard up for cash or upset over not being able to sleep or what have you. I'd stick to what you've said, and make sure he doesn't pull anything on his way out (ie steal or break stuff).


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## Addy (Mar 12, 2010)

KaeJS said:


> He is also not working right now (got laid off 2 months ago) so... I don't understand the need for all these issues.


This right here explains why he is trying to extort money from you, he has no money since he has no job. You are smart in letting him move out with out much notice, good riddance I say!


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## GoldStone (Mar 6, 2011)

Addy said:


> make sure he doesn't pull anything on his way out (ie steal or break stuff).


Watch him like a hawk.

Insurance not co-operating with $60,000 damages, allegedly inflicted by a departing tenant.
http://www.financialwebring.org/forum/viewtopic.php?t=115911


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## KaeJS (Sep 28, 2010)

Thanks, Addy.

I just needed some reassurance.

I will stick to my guns. I saw him this morning and we didn't say much. He was packing his kitchen stuff, though.


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## carverman (Nov 8, 2010)

Classic line: "You'll be hearing from my lawyer!" :highly_amused: 

If this was real, it would be a good case for Judge Judy. If you provided him with lodging for a full month, and he paid you up to April 1st, he has absolutely NO CASE
for a lawyer to pursue. If this case was brought up to Judge Judy, she would tell him, he got value for his money and if he wants to move out, it's his choice and dismiss his case.

Peace of mind? Loss of sleep?..there is no monetary value associated with that. Can a doctor put a value on his health condition because he lost sleep at your place..of course not!
So it can be considered a hollow threat. Just be civil and don't get into an argument with him..let him move out and good riddance..sooner or later you would have more trouble with this kind of tenant.

I'm sure your water bill will go down significantly after he leaves...how are those "leaky taps" these days?


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## dougboswell (Oct 25, 2010)

As soon as he has left, change the locks. He could make a copy of his key and then only give you one back.


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## Toronto.gal (Jan 8, 2010)

Ahahahah, people never cease to amaze me.

So this tenant would be happy with a mere $500 settlement [not $5K or $50K for his 5 months of suffering; very reasonable, LOL], otherwise, he'll see a lawyer. HILARIOUS! Don't worry Kae, and don't inform him about the rights that he does NOT have!

Judge Judy would say to him, 'why didn't you move out if the place was noisy'? Case dismissed. :biggrin:

If I recall correctly, didn't this same person complain from the beginning almost about the noise? Then indeed, why did he not move out? I know I would have wasted no time leaving because I, too, need my beauty sleep.

Better luck with the next tenant!


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## peterk (May 16, 2010)

Shitty situation, hopefully he leaves without a fuss. If it comes up again I'd suggest going the empathy route. Since he lost his job, it's almost certain that he's doing this out of desperation, not premeditated malevolence. 

If it was premeditated, you should throw back in his face all the legal knowhow you can muster, be agressive. But since he's likely desperate, kind but firm empathy is probably the way to diffuse the situation.


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## Toronto.gal (Jan 8, 2010)

There is no excuse for extortion, but I agree with the above mentioned.


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## KaeJS (Sep 28, 2010)

Toronto.gal said:


> If I recall correctly, didn't this same person complain from the beginning almost about the noise? Then indeed, why did he not move out? I know I would have wasted no time leaving because I, too, need my beauty sleep.
> 
> Better luck with the next tenant!


Yes, this is the same tenant. 

In actuality, I _did_ try to accomodate his "needs". 

I work full time + overtime in a different city. If he thinks I don't need sleep as well, he is crazy.


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## Ihatetaxes (May 5, 2010)

Hope you take your toothbrush with you when you leave the house. :biggrin:


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## andrewf (Mar 1, 2010)

Hah. When I shared a house, I never left my toothbrush in the bathroom.


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## Jon_Snow (May 20, 2009)

Another thread which reinforces my thinking that land lording is akin to hell on earth.


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## KaeJS (Sep 28, 2010)

Jon_Snow said:


> Another thread which reinforces my thinking that land lording is akin to hell on earth.


It's very close.

It's like being a glorified babysitter.


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## none (Jan 15, 2013)

KaeJS said:


> It's very close.
> 
> It's like being a glorified babysitter.


I would suggest that you simply tell him that you can discuss it after he moves out. When he does simply say: "Baby gets nothing".


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## blin10 (Jun 27, 2011)

wow what an idiot... he won't be contacting no one trust me, it will cost him too much to even get a lawyer to write anything


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## NorthKC (Apr 1, 2013)

I never cease to be amazed by the stunts that tenants/roommates try to pull. 

You know the truth. Be firm!


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## KaeJS (Sep 28, 2010)

Called his bluff. He left this morning no problem.

Even said thank you and that he had no issues.

Room is in perfect condition, nothing stolen. He actually even left a few things he said I could have.


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## NorthKC (Apr 1, 2013)

That's great news! Enjoy having the place all to yourself now!


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## peterk (May 16, 2010)

Awesome resolution. Maybe next time you'll make more an effort to take on a stable, employed guy as your roomate instead of a charity case that is given too much benefit of the doubt. 

How's the job going? Have you managed to get another position more to your liking?


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## KaeJS (Sep 28, 2010)

He was employed for the first 3 months I had him, lol. Then he got laid off.

The job is going well, thank you.

I have been able to obtain a position that is a bit more to my liking, but still not yet 100% where I want to be.


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## Addy (Mar 12, 2010)

KaeJS we've rented rooms out for years, we are in our early 40's and have rented rooms pretty much since college (in our early 20's). It's worked out wonderfully and for the most part uneventful. There are only two tenants I would say were hellish, both left without paying their rent (one we kicked out after his parents gave him rent money and he bought a new $200 CB radio for his fancy new truck his parents bought him, spoiled brat). For the most party we've had excellent tentants, a few oddballs that were just that, odd, but not anything worth mentioning specifics about.

Keep up the room rentals, go with your gut and if anyone tells you they can't come up with first and last or anything like that, then stick with your spidey sense and don't rent to them. We advertise mainly on kijiji and local discussion forums, sometimes on college off campus housing lists but that is hit and miss - students can either be great, especially if they've been on their own for a bit, or young and a PITA that you end up babysitting.


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## Toronto.gal (Jan 8, 2010)

KaeJS said:


> Called his bluff. He left this morning no problem...Room is in perfect condition...


Good to hear.

Good luck with the next one!


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

Sounds like you were nice to the guy and got the thanks landlords usually get. We've all trusted tenants and we've all paid. When that no longer sounds mean and cynical you have paid your dues. By the way you were very lucky he did not wreck the place and sue to boot. 

Next time prorate the rent and charge him for every day. Or, if you are smart, you will never rent anything to anybody again.


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## KaeJS (Sep 28, 2010)

Will the police remove a roommate for me if they refuse to talk/pay rent/negotiate?


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## GoldStone (Mar 6, 2011)

Rusty O'Toole said:


> Or, if you are smart, you will never rent anything to anybody again.


Stop the presses! I agree with Rusty! It's a first!

(I need to up my medication)

((kidding))


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

KaeJS said:


> Will the police remove a roommate for me if they refuse to talk/pay rent/negotiate?


Ha ha ha you must be joking. The police will do NOTHING unless you are assaulted, shot at etc then they will most likely tuck your assailant into bed and ask him politely not to do it again.

They will arrest YOU on any trumped up bullshit story the tenant invents even if it is so ridiculous and phony a child could see through it.


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## KaeJS (Sep 28, 2010)

I called the police to double check. They said they would help in removing the person in the event I ever needed it.


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## Berubeland (Sep 6, 2009)

That's fantastic, well now that you have all that space open, I really think you should take on a few cats. Luckily for you, I've handily got a few.


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## mind_business (Sep 24, 2011)

Berubeland said:


> That's fantastic, well now that you have all that space open, I really think you should take on a few cats. Luckily for you, I've handily got a few.


OK, that was funny!


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## Karen (Jul 24, 2010)

mind_business said:


> OK, that was funny!


KaeJS may not see it that way!


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## KaeJS (Sep 28, 2010)

Berube,

Twas definitely funny.

I appreciate it, but no thank you! =p


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## Beaver101 (Nov 14, 2011)

KaeJS said:


> I called the police to double check. They said they would help in removing the person in the event I ever needed it.


 .. either consider yourself lucky in getting value for your tax dollars or Cambridge cops are tops if the police there does deal in these "civil" matters. :friendly_wink:


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