请求高人指点,没签 lease,赶无良房客出去有什么风险。update

paper_tiger

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你发出 notice of eviction 后, 最好每天写日记记录一下那房客有什么不好, 例如骚扰, 以做以后证据。

另外就算你打电话去rental board 也不会受理, 因为你和那租客不受Ontario residential tenancies act 保障

是的,我电话LTB了,只有自动转接, 我这种情况不在他们的范围。 没有真的人接电话。
好的,我一定写日记记录。今天就给他 notice of moving out, 给他一个月的期限搬出去,从九月十二号到到十月十二号。

感恩啊! 没有各位热心人几天来的帮助,支持与鼓励, 这件事不知还要多少曲折呢。
 

ndsids

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Month-to-Month Tenancy

For a month-to-month, or periodic tenancy agreement, a tenant must serve written notice to end the tenancy so that it’s received:
At least one month before the effective date of the notice, and
Before the day that rent is due

In order for the tenancy to end the following month, the landlord has to receive the notice before the date the rent is normally paid. For example, if rent is due on the first day of the month, a notice given on March 15 would not take effect until the last day of April and the tenant would have to pay rent for the month of April.

Unless they have written permission from the landlord or the Residential Tenancy Branch, the tenant must pay the rent for the last month of the tenancy – even if they move out earlier.

To avoid disputes, both the landlord and tenant should be clear about when the tenant’s notice requires the tenant to move out. This is especially the case for tenancies where rent is due on a date other than the first of the month.

When a tenant has given written notice to the landlord, it cannot be cancelled or withdrawn unless the landlord agrees in writing.

Multiple tenants: If any one of the tenants on a month-to-month tenancy agreement serves the landlord notice to end the tenancy, the tenancy ends for all of the tenants in the rental unit on the effective date of the notice. A written agreement with the landlord is required for any tenants who want to continue renting the unit.
Fixed-Term Tenancies

If a fixed-term tenancy agreement (or a lease) has a move-out clause that requires the tenant to move out at the end of the term, the tenant can move at the end of the term without giving the landlord notice.

When a fixed-term agreement doesn’t require the tenant to move out at the end of the term, the tenant must serve written notice to end the tenancy so that it’s received:
At least one month before the effective date of the notice, and
Before the day that rent is due

The effective date of the notice cannot be earlier than the end of the fixed term.

A fixed-term tenancy agreement that doesn’t require the tenant to move out at the end of the term will continue as a month-to-month tenancy under the same tenancy agreement if the tenant doesn’t give notice to end the tenancy.
Leaving Before the End of a Fixed Term

Written agreement is required to end a fixed-term tenancy early – both parties need to sign the document and keep a copy.
Mutual Agreement to End Tenancy (PDF, 1.6MB)

If a tenant ends a fixed-term tenancy early without the landlord’s permission, the tenant may have to reimburse the landlord for costs of re-renting the unit – like advertising or lost rent. The landlord must do their best to limit these costs by trying to rent the unit as soon as possible. Sometimes a fixed-tenancy agreement includes a “liquidated damages” term that requires the tenant to pay to end the tenancy early.
Policy Guideline – Liquidated Damages (PDF)

A tenant may ask the landlord for written permission to sublet or assign the tenancy agreement to someone else.
Learn more about subletting or assigning a tenancy
Move Out Date

The tenant must move out by 1 p.m. on the effective date of the notice – the last day of the tenancy. This means the unit must be cleaned and all keys given to the landlord by then, unless the landlord agrees in writing to a later time.

A tenant who doesn’t move out on the effective date of a Notice to End Tenancy is called an overholding tenant. In these situations, the landlord may apply for an Order of Possession to end the tenancy and money to cover expenses – like accommodation or storage costs for an incoming tenant.
Learn more about claims for damages or loss
Landlord’s Breach of a Material Term

A tenancy agreement may be breached when someone goes against one of its terms. Material terms are considered so important that even the smallest breach gives the other party the right to end the tenancy. For example, a landlord refuses to make repairs or provide essential services such as heat, electricity or water.

If a landlord has breached a material term of the tenancy agreement, the tenant may be able to end the tenancy without giving the full months’ notice required to end a month-to-month tenancy.

Before ending a tenancy for breach of a material term, a tenant must provide a “breach letter” to the landlord that states:
What the problem is and why it’s a breach of a material term of the tenancy agreement
The reasonable deadline that the problem must be fixed by
If the problem isn’t fixed by the deadline, the tenant will end the tenancy

If the landlord has broken a material term and refuses to correct the problem within a reasonable period of time after receiving the “breach letter,” then the tenant can give the landlord written notice to end the tenancy and may apply for dispute resolution claiming compensation from the landlord. The tenant must be prepared to show evidence that supports their reasons for ending the tenancy.
Policy Guideline – Unconscionable and Material Terms (PDF)
Frustrated Tenancy Agreement

A tenancy agreement is frustrated when an unexpected event beyond anyone’s reasonable control occurs making it impossible to meet the original terms of a tenancy agreement, or the terms can only be met in a significantly different manner than what was intended. A tenancy agreement isn’t frustrated if the tenant or the landlord has been negligent and caused the problem.

For example, the tenancy agreement would end if an unexpected disaster damages the rental unit so that it cannot be occupied for an extended time period of time. Notice to end the tenancy is not required.
End a tenancy in special circumstances
Policy Guideline – Frustrated Tenancy Agreements (PDF)
 

ndsids

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ENDING A TENANCY
UNDER THE TENANT PROTECTION ACT

This guide offers basic information on the different ways a tenancy can be ended by either a landlord or a tenant. It includes some of the reasons for eviction allowed by the Tenant Protection Act (TPA). However, for a complete list of the reasons, you should read the TPA.

There is a separate guide available on "If a Tenant Doesn't Pay Rent".

Renewing a lease
The end of a lease doesn't mean a tenant has to move out, unless they want to.
A lease can be renewed or, if the landlord and tenant agree, a new lease made.
If they don't renew or make a new lease, the tenant can stay as a month to month tenant.
All the rules of the former lease will still apply to the landlord and tenant. However, the landlord could increase the rent by the amount allowed under the TPA. The rent cannot be increased until at least 12 months have passed since the tenant moved in. The landlord must give the tenant 90 days written notice in the proper form.

If a tenant wants to leave
A tenant must give their landlord a notice in writing if they plan to move out. This is called a notice oftermination. The date the tenant plans to move out is called the termination date.
A daily or weekly tenant must give at least 28 days notice of termination. If renting by the week, the termination date must fall at the end of a week.
A month to month tenant must give at least 60 days notice of termination. The termination date must fall at the end of a month.
A tenant with a lease who wants to move must also give at least 60 days notice of termination before the end of the lease.
A tenant in a care home, however, can terminate a tenancy at any time, even if they have a lease. At least 30 days notice of termination in writing must be given.
A tenant can move out before the end of a lease in two cases:
The tenant and landlord agree to end the tenancy before the end of the lease;
The tenant and landlord agree to assign the tenancy to a new tenant.
A tenant can move out by giving the required notice if the landlord does not agree to an assignment of the tenancy and prefers to rerent the unit themselves.

See below for further information on these three cases.

Agreement to end tenancy
A landlord and a tenant can agree to end a tenancy at any time. When there is an agreement, a notice of termination does not have to be given.
It is a good idea to make this agreement in writing. The landlord and tenant should each keep a copy.

Assignment of tenancy
A tenant with a lease may be able to transfer the lease to someone else. This is called an assignment.
A tenant must have their landlord's approval before they assign their lease.
If their landlord won't allow assignments, or doesn't reply within seven days to the tenant's request for approval, the tenant can end the lease. They must give a notice in writing to the landlord within 30
days of making their request. If they rent by the month or have a
lease, they must give at least 30 days notice of termination.
A tenant in assisted, subsidized, public, or non-profit housing doesn't have the right to assign their lease.
A tenant living in a superintendent's unit doesn't have the right to assign their lease.

A landlord of a care home can refuse to approve an assignment of a lease if the person who might take over the lease is not eligible to be a resident of that home.

Sublet
An assignment of a lease is often confused with subletting.
Subletting is where a tenant with a
lease lets another person live in the
unit for a temporary period of time, but returns to live there before the lease ends.
A tenant can only sublet with the approval of their landlord.
If a tenant has found a possible subtenant, the landlord must have a good reason for refusing to approve that person.
A landlord of a care home can refuse to approve a sublet if the person who might move in does not meet the landlord's admission requirements.
A tenant in assisted, subsidized, non-profit or public housing doesn't have the right to sublet.
A tenant living in a superintendent's unit doesn't have the right to sublet.

If a landlord wants a tenant to leave A tenant can only be evicted by a landlord for reasons allowed by the TPA. The landlord must give the tenant a notice in writing when they want a tenant to move, regardless of the reason. This is called a notice of termination.The date the landlord wants the tenant to move out is called the termination date. Some of the reasons allowed by the Act relate to the tenant's conduct while living in the rental property. They include conduct of the tenant's guests or other occupants of the rental unit. Several examples are listed below. Other reasons are not related to conduct of the tenant, their guests, or other occupants. Some of these examples are listed below as "No fault reasons".

Tenant conduct reasons

Arrears of rent means the tenant hasn't paid the rent owed to the landlord. If the tenant rents by the day or week, the landlord must give them at least 7 days notice of termination in writing. If the tenant rents month to month or has a lease, at least 14 days notice of termination must be given. The notice of termination can be given at any time, even if the tenant has a lease.

The tenant can avoid eviction by paying the arrears of rent before the termination date. If the tenant doesn't pay the arrears of rent, and doesn't move out, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

Persistent late payment of rent means the tenant has often been late paying their rent, even if they are not in arrears of their current rent. If the tenant has a lease, the notice of termination must be given a least 60 days before the end of the lease.

If the tenant doesn't move out by the termination date in the notice, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

Illegal act means anything which breaks a law, including where the tenant has an illegal business in the unit. An illegal act could have been done by a tenant, or the tenant may have permitted someone else to do it. The illegal act could have happened inside the tenant's unit, or somewhere else on the rental property. A tenant can be evicted even if they have not been charged or convicted for the illegal act.

At least 20 days notice of termination in writing must be given by the landlord. The notice of termination can be given at any time, even if the tenant has a lease. Once the notice has been given, the landlord can apply immediately to the Tribunal to evict them, or wait to see if the tenant moves out by the termination date.

Impairing the safety of any person means a tenant, another occupant of the unit, or a guest, did something which affected the safety of another person in the property. An example might be causing a fire.


At least 10 days notice of termination in writing must be given by the landlord. The notice can be given at any time, even if the tenant has a lease. Once the notice has been served, the landlord can apply immediately to the Ontario Rental Housing Tribunal to evict them, or wait to see if the tenant moves out by the termination date.

Disturbing others means a tenant, another occupant of the unit, or a guest, did something which disturbed other tenants or the landlord. Examples might be loud noise, or rowdy behaviour.

Keeping an animal can disturb others or impair their safety if the animal: caused noise, an odour, or damage; attacked another tenant or the landlord, or acted aggressively toward them; caused the landlord or another tenant to have an allergic reaction; could be dangerous to the landlord or another tenant, even if it has not harmed anyone.

At least 20 days notice of termination in writing must be given by the landlord. The notice can be given at any time, even if the tenant has a lease.

The tenant can avoid eviction if they stop the disturbing activity or behaviour within the next 7 days. If they don't stop, and they don't move out, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

Interfering with the rights or privileges means the tenant, another occupant of the unit, or a guest, did something which interfered with the lawful rights of any other tenant or the landlord.

At least 20 days notice of termination in writing must be given by the landlord. The notice can be given at any time, even if the tenant has a lease.

The tenant can avoid eviction if they stop the interference within the next 7 days. If they don't stop, and they don't move out, the landlord can apply to the Tribunal to evict them.

Damage to property means a tenant, or a person allowed into the rental property by a tenant, damaged a rental unit or the common area of the property. At least 20 days notice of termination in writing must be given by the landlord. The notice can be given at any time, even if the tenant has a lease.

The tenant can avoid eviction if they repair the damage, or pay the cost of repair to the landlord, within the next 7 days. If they don't repair or pay for the damage, and they don't move out, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

Overcrowding means a tenant has allowed too many people to live in the rental unit, breaking a health, safety, or property standards bylaw.
At least 20 days notice of termination in writing must be given by the landlord. The notice can be given at any time, even if the tenant has a lease.


The tenant can avoid eviction if they reduce the number of people living in the unit to the lawful number within the next 7 days. If they don't do this, and they don't move out, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

No fault reasons
Landlord's own use means a landlord wants the tenant's unit for their personal residence, or as the residence for their spouse, or a child or parent of one of them.
Buyer's own use means a landlord of a property with no more than three units in it intends to sell the property to someone who wants all or some of the units for their own residence, or for their spouse or for a child or parent of one of them.

In either case, at least 60 days notice of termination in writing must be given by the landlord.

If the tenant rents by the week, the termination date must fall at the end of a week.

If a tenant rents month to month, the termination date must fall at the end of a month.

If the tenant has a lease, the termination date can't be earlier than the end of the lease.

If the tenant wants to move out earlier than the end of the notice of termination, they can do so with at least 10 days notice in writing to their landlord.

If the tenant doesn't move out by the termination date in the notice, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

Major repairs or renovations means a landlord plans repairs or renovations to a rental unit or property that require a building permit. It must also be unsafe for the tenant to remain in the unit while the work is being done.

At least 120 days notice of termination in writing must be given by the landlord, except where there is a rented site for a mobile home or land lease home, and the tenant owns the home. In this situation, at least one year's notice of termination is required.

If the tenant rents by the week, the termination date must fall at the end of a week.

If a tenant rents month to month, the termination date must fall at the end of a month.

If the tenant has a lease, the termination date can't be earlier than the end of the lease.

If the tenant wants to move out earlier than the end of the notice of termination, they can do so with at least 10 days notice in writing to their landlord.

The landlord's notice must tell the tenant they have the "right of first refusal". This means the tenant gets first choice to re-rent the unit when the renovations or repairs are done.

If the tenant doesn't want to move back in, and the unit is in a building with at least five residential units, the landlord must do either of two things for the tenant: pay them compensation equal to three months rent, or offer them another rental unit acceptable to them.
However, compensation or another unit does not have to be given by a landlord if the repairs or renovations were ordered by any public agency.

If the tenant has informed their landlord in writing that they plan to move back into the unit, and the unit is in a building with at least five residential units, the landlord must pay them compensation. The amount of compensation must be equal to the lower of: three months rent, or the amount of rent the tenant would have paid the landlord during the time the repairs were being made.
If the repairs or renovations involve a unit in a care home, the landlord must make a reasonable effort to find alternative housing that is suitable for the tenant.

If the tenant accepts the housing found by the landlord, they do not have to be paid compensation.

If the tenant wants to move out earlier than the end of the notice period, they can do so with at least 10 days notice of termination in writing to the landlord.

If the tenant doesn't move out by the termination date in the notice, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

Therapy or rehabilitation has ended means a tenant who was involved in therapy or rehabilitation program in a care home has reached the end of the time they and the landlord agreed they were to stay in the home. This applies if the rental unit was occupied by the tenant so that they could receive the therapy or rehabilitation, and if no other tenant staying there lives there longer than two years.

In this situation, the landlord must give at least 60 days notice of termination in writing.

If the tenant rents by the week, the termination date must fall at the end of a week.

If a tenant rents month to month, the termination date must fall at the end of a month.

If the tenant has a lease, the termination date can't be earlier than the end of the lease.


Care home resident needs more care or less care than the landlord is able to provide. In this case, the landlord may apply to the Ontario Rental Housing Tribunal for approval to evict the tenant and transfer them from the home.

Additional Information
The Ontario Rental Housing Tribunal provides information to the public through a network of 20 local offices across Ontario.
The Tribunal can be reached 24 hours a day by calling toll-free
1-888-332-3234.
A copy of the TPA can be ordered from Publications Ontario by telephoning toll-free 1-800-668 9938.
A copy of the TPA can also be obtained by visiting the Ontario Government Web
 

ndsids

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you need to give me 60 days notice must be at the end of month.please read it carefully
 

冷笑99声

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这个也是可以的。但如果你遇到的交缠房客,他会观察你是否属实,如果是借口,他也可以反告你撒谎的。不过一般房客没有那么多事。我认识的房东被房客反告,是因为那个房客在那里住了很多年。房子被新房东买下来,叫他搬走,他不肯。房东说他父亲要来住,他才搬走,就在附近。这个房客后来发现房东又租给另外一个房客,就去告他。其实新房客也只是斩时住一下,人家父亲从中国来还是要住的,就这还被老房客给告了。

看你挺敬业的:good:

这个嘛,是这样滴 。。。 买投资房不光要验房,也要验客。Closing以前,看着有不顺眼的就让老房东逐客啦。
 

deepthroat

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you need to give me 60 days notice must be at the end of month.please read it carefully

你引用的条款是来自安省的Tenant Protection Act。

楼主的情况是,楼主和租客合住,share厨房。

这种情况,不属于Tenant Protection Act定义的Landlord和Tenant定义的范围,就是说,这样的租客,不受Tenant Protection Act的保护,Tenant Protection Act中的条款,都不适用。


http://www.legalline.ca/legal-answers/do-tenants-have-rights-if-they-only-rent-a-room/

"A tenant who shares a kitchen or bathroom with the owner or the owner's family does not have a legal right to remain living on the premises without the owner's consent, and can usually be evicted at any time without notice."


http://ontariolandlordandtenantlaw.blogspot.ca/2013/07/kicking-out-boarder-or-rommmate.html
 

deepthroat

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是的,我电话LTB了,只有自动转接, 我这种情况不在他们的范围。 没有真的人接电话。
好的,我一定写日记记录。今天就给他 notice of moving out, 给他一个月的期限搬出去,从九月十二号到到十月十二号。

感恩啊! 没有各位热心人几天来的帮助,支持与鼓励, 这件事不知还要多少曲折呢。

黄种人和白人都会骗人,黄种人一点不比白人差,但黄种人,整体比较要脸,不要脸的白人,能让你目瞪口呆。

下次看到路边有中国人可能需要帮助,停车问问。下次看到论坛上有中国人需要帮助,回个贴。
 

uglyducking

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you need to give me 60 days notice must be at the end of month.please read it carefully
别费心思了,楼主想要他走,当天就可以叫警察把他赶走。
 

uglyducking

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黄种人和白人都会骗人,黄种人一点不比白人差,但黄种人,整体比较要脸,不要脸的白人,能让你目瞪口呆。

下次看到路边有中国人可能需要帮助,停车问问。下次看到论坛上有中国人需要帮助,回个贴。
坐等老糠帮助人然后在CFC上写日记:good::jiayou:
 

paper_tiger

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黄种人和白人都会骗人,黄种人一点不比白人差,但黄种人,整体比较要脸,不要脸的白人,能让你目瞪口呆。

下次看到路边有中国人可能需要帮助,停车问问。下次看到论坛上有中国人需要帮助,回个贴。
那是一定的。中国人帮中国人,团结起来力量大啊。
 

paper_tiger

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别费心思了,楼主想要他走,当天就可以叫警察把他赶走。
真的吗? 他可以告你说有口头协定啊。所以我准备了一个月的notice给他
 

YINGWA

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请求高人指点,没签 lease,赶无良房客出去有什么风险。

是个白人房客,没有签 lease, 当时口头说好他可以随时搬出去, 只要给我一个月的notice,我也可以随时让他走,也要给他一个月的notice 。现在我想让他搬出去,不知会有什么法律上的风险。很显然他也是一个租房老手
我没有经验所以在发出正式的notice 之前, 自己想先做好功课。

敬请高人指点, 不胜感激。

待事情圆满解决,一定将我的经历分享给大家, 谨防此类人。
Just curious, did you issue any rent receipt to your tenant? Also, did you report your rental income to Revenue Canada.
If you haven't, ....
 

deepthroat

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真的吗? 他可以告你说有口头协定啊。所以我准备了一个月的notice给他

鸭子说得多,给他一个月的notice,只是希望他别事后来砸你的窗户。
 
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