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Ontario landlord rights?

raingirl
August 14th, 2006, 03:24 PM
I don't know if anyone here is a landlord. My parents are and they have a problem with a tenant.

They have two apartments in one house (upstairs and basement). The two tenants switched places a few weeks ago and signed new leases.

One tenant now says that the other was smoking in the basement apartment (the one from upstairs moved downstairs), and it's a smoke-free house. She also says that the tenant who was in the basement, who is now upstairs, does loads and loads of laundry each day, which she didn't notice before, because she was upstairs and the laundry is in the basement.

The energy costs in the house have almost doubled in the last few months since this person moved in, and the new leases had new rents, which was fine with them, but now in the last month it has gone up a third again!

The tenant from the basement who was smoking also let her BF move in, which was against the lease.

My parents want to know if they can evict her for not obeying the lease, but mostly because of the smoking, because the other tenant is allergic. Under the new smoke free ontario law, I was thinking there must be something that falls under that right?

Any ideas?

cpietra16
August 14th, 2006, 03:30 PM
you can look in in here for ideas...http://www.ontariotenants.ca/law/law.phtml

Melei'sMom
August 14th, 2006, 03:35 PM
As I have no knowledge of Ont laws, the only advice I can offer is...Your parents need to call a lawyer. With a situation with so many 'loopholes' and such like tenant and landlord relationships, a lawyer is your best bet to make the rules work for you.

badger
August 14th, 2006, 03:48 PM
If they put smoke detectors in the laundry room, maybe she'll leave voluntarily. Until then, coin-operated washers and dryers.

wdawson
August 14th, 2006, 04:19 PM
i don't think smoke free ontario law falls into housing unless stated in the lease , the only place it covers is in common areas like halls and lobbies.the gov can't dictate what is done in a private dwelling....unless its breaking some law.....and smoke free ontario does not cover a private house or apt building......one thing to keep in mind.....is this house a legal multi dwelling and registered as such and are your parents declaring the income....if not then you better be carefull.....an angry tenant facing eviction can be a very dangerous person and cause all kinds of problems

erykah1310
August 14th, 2006, 04:57 PM
We have had some Bad Landloards ( I know its the other end of the topic here) however, after doing some research, Its nuts how many rights the tennant has!
Definately a good idea to hire a lawer, technically.... the tennant is basically the new owner. ITs kinda nuts but the way it is .
For example: No Pets---- move them in after you move in, there is really nothing the landloards can do.
Smoking---- it is "their" home.
And so on.
Hopefully your parents can get this resolved, some people have no respect.
Good luck to them ( your parents)

Melei'sMom
August 14th, 2006, 08:21 PM
For example: No Pets---- move them in after you move in, there is really nothing the landloards can do.
Smoking---- it is "their" home.
And so on.
( your parents)
:sorry: not really what the thread was started for, but what if these things are in the lease? can the tenant still have a pet after they move in without the landlords permission even though the lease states no pets?

Bushfire2000
August 14th, 2006, 11:19 PM
Don't know about Ontario but in Saskatchewan it will get you kicked out on your a$$ and kiss your damage deposit goodbye.

A friends daughter had upstairs tenants who were kicked out because they brought in a dog. They had to finish out the lease (two months) then adios baby.

I think a Lawyer is a good idea for raingirls parents though because a lease works both ways. Puting in coin op washer and dryer would realy help too.

OntarioGreys
August 15th, 2006, 07:51 AM
Don't know about Ontario but in Saskatchewan it will get you kicked out on your a$$ and kiss your damage deposit goodbye.

A friends daughter had upstairs tenants who were kicked out because they brought in a dog. They had to finish out the lease (two months) then adios baby.

I think a Lawyer is a good idea for raingirls parents though because a lease works both ways. Puting in coin op washer and dryer would realy help too.


THe Ontario laws allows for pets

Q6: The landlord says I must either move out or get rid of my pet; Do I?
A6: Only if the pet is dangerous, causes allergic reactions or causes problems for other tenants or the landlord, must you get rid of your pet or consider moving elsewhere.

Even if you signed a lease with a "no pets" clause, if the pet is not a problem for anybody they can not enforce it; such clauses are invalid under the law.

You do not have to move or get rid of the pet unless the Tribunal issues a written order to do so.

"No pet" provisions void
15. A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void. 1997, c. 24, s. 15.




Your parents can write any clause into agreement they want in a a lease for eg no boyfriend, no smoking but if it is in conflicts with any Ontario Act or regulation that clause in the agree is considered void


Woodstock has a great idea for handling hydro and pretty much every apartment rental has a pay as you go hydro card readers for purchasing prepaid hydro cards, it is very much like buying a prepaid cell phone or Walmart gift card and you swipe it into the reader inorder to have hydro the reader also tells you how many dollars worth of hydro you have left, so you when you need to buy more, I don't know if this system is available elsewhere in Ontario

http://www.ontariotenants.ca/electricity/articles/2003/ts203d19.phtml

The average homeowner around here still uses that traditional payment method, but apartment owners lover it as it protects them from tenants who skip out without paying their hydro bills, because the tenant prepaids their hydro, the tenant is forced to budget their hydro use by what they can afford, landlords are notified if the hydro runs out, which alerts them if the tenant has skipped out and vacated the premises without notifying them a lot sooner than they would know otherwise

http://www.woodstockhydro.com/index.php?menu_id=3643