If he isn't a tenant--and therefore an unauthorized occupant--with the passage of time there is a deemed assignment of the tenancy to him (though the landlord needs to be aware of the passing of the tenant for the time line to start running (60 days)).For now it would not be unreasonable to just keep a low profile, pay the rent, and see if the landlord decides to take any action. We discussed that they would be gone by the 15th, they are still there and are refusing to move. They can't just enjoy all the space and not re-rent or shrug and say "no one answered the advertisement for a room".At its messiest there are claims, counterclaims and cross claims. Without a signed lease setting out a fixed term, the presumption will be that you are on a month to month tenancy. } The division of the rent was agreed upon verbally on a room to room basis (each room having a slightly different division) as well as an even split of the utilities. Thielewww.ottawalawyers.com, Hello Michael,i have a question. What recourse does he haveÉThanks. You could then state that in accordance with the Residential Tenancies Act that there will be a deemed assignment of his interests in the lease, to you, in accordance with section 104 of the Residential Tenancies Act.Is this second path entirely fool proof/accurate? Unless you think she will occupy the room and simply not leave the building--consider warning her that you will pack up her room and evict her and her stuff.Best of luck.Michael K. E. Thiele. you stopped paying rent, damaged the place--and you created liability that would allow the landlord to get a judgment against you it is certainly possible that the landlord could seek such a judgment against your ex as well. Hi MichaelMy son and his roommates find themselves in a spot of trouble in St Catherines. There are other indicia as well that can change status. Frankly, this is odd. A lot would be revealed by looking at the Form N4, the lease, and the L1 application. Whether it applies or not is important to know what rules apply to the relationship. That being said, a rooming house--whether official or pseudo--while covered by the RTA--can some instances be exempted from the application of the RTA if certain exemptions apply. The application and complaints process under the RTA will not apply---no clear recourse for non-repair issues, harassment issues, or denial of quiet enjoyment.If the RTA does not apply then the entire relationship will be governed by contract. TV and internet in room and in great room available. This also allows staff to feel safe knowing who is in the apartment. If they do nothing you don't get the opportunity to try to "accept" the N9 termination and don't get to try to evict the unauthorized occupant.Michael K. E. Thielewww.ottawalawyers.com, Wow Really great blog with lots of good information.I am a relatively new landlord based in Toronto (not living at the rental). Hi Michael, I entered into a co-tenancy agreement with a friend as he could not afford the apartment himself. Your lease stipulates a single amount for the entire rental unit. Of course I would have to get proof that there is someone else living there.Thank you, Hi: Thank you for the question. In your facts there is a hint at the possibility that the lease is not one lease with joint tenants/joint tenancy due to the lease being signed at different times. It would be up to you to sue your ex for contribution.Good luckMichael K.E. Thank you so much!! Is there any direct conditions about boarder maintenance? I am in a month to month joint tenancy with a good friend. I have a question about my ability to file an application with the Landlord and Tenant Board. the roommate got very argumentative with us in emails and text messages and argued that because he was sure we would get a new roommate that we should return him half of the two months prepaid rent back immediately 7. we argued back and forth about his for a few days and i tried to explain to this person that a) we didn't have to return him any money because he prepaid for the room and he was now trying to make his problem of losing his job our problem (and it wasn't) b) my partner and i were very busy running our business and I couldn't guarantee we would find a new roommate right away.c) we had no guarantee we would even find a new roommate therefore we would not return any portion of his prepaid rent until we had a new roommate8. Or has your roommate just decided to move out and has told the landlord that he is moving out without actually serving a Notice of Termination? Legal Answers if (window.ga && ads_title) { ga("send", "event", "PhoneADS ", "PhoneADS", ads_title); } When you asked your landlord to assign your interest in the lease that was asking for something that technically isn't possible in the strict sense of the word "assignment". All seven students and most if not all had parent guarantors. If the school you are studying at has a law school consider contacting the student legal clinic there. The abuse of your puppy is very concerning and I think that is a pertinent fact that would get the police to take action.Good luckMichael K. E. Thiele, thank you so much for your quick response, you have been so helpful :), Hi Michael, Thanks for sharing your insights here. It would certainly have legal significance in the Small Claims Court. I feel betrayed and very hurt, these were supposed to be my friends, we attended the same lecture, I had my own apartment and they convinced me to share a place with them in September and now they want me to pay for summer rent when they promised me that they would sublet during summer. Hi Karen: This is a curious situation that you are describing. I don't provide any direction on tax issues as the application of the income tax act is best left to people who work with it every day.Good luckMichael K. E. Thielewww.ottawalawyers.com, Michael,you have some very interesting information here, but I need a little different info. Was the proper lease used? One of the biggest and perhaps most useful pieces of information is learning the timing of both people moving in, the conversations that were had at the time, the importance that the parties placed on the written lease, whether the lease was intended to be signed by more than one person. Michael, your blog is amazing and I've been learning a lot from it.Our family rents out 3 rooms in our house to students, who we share the same entrance, bathroom and kitchen. previously they were living in the university residence. We don’t fall under the RTA or Landlord/Tenant act. Hi Michael, First, I want to say great post and thanks for taking the time to do this. Do you believe sufficient notice has been given to discharge your obligations? Different laws for residential and commercial tenants. Thank you for everything you do on this blog!C, Hi Michael,Very informative information on this page.The situation I have is that my step-daughter has moved back to the city where we live, in an apartment building with her boyfriend who is a roommate of the lease holder. I really enjoyed and appreciated your article, as well as the work put into all of your replies. The other night I found a picture that I saw on her Facebook of her wearing a top of mine and I also took a picture of it on her bathroom floor the next day. ?If you can't get co-operation from your co-tenant there is no clear path forward. My personal view is that it does. My question is whether I should sign a new lease with whomever I find as a new rooommate. The landlord would argue that after the notice date all continued occupants are now unauthorized occupants. When I first moved in we had a written agreement regarding payment of rent and the timeframe I would be there. Sorry for my original error. In any case, he waited to tell me just after I had already paid for the rent (on top of my last month's already paid at beginning of lease). Perhaps this is why there is so little clarity on the issue as these disputes don't really ever get to Court.My preferred course is for the joint tenant who wants to leave to serve a valid N9 (Notice of Termination) on the landlord. Whether that works out fairly or not just depends on the luck in moving out and replacing. I want to remove both of them, so that I can have the entire house back for renovations.2.

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