Landlord Rights

[David_Schoen]

if I am a landlord and I am selling my property and the new buyer wants all the current tenants evicted within 6 weeks is it my responsibility to evict the tenants or is it the new owners responsibility?

Thank you
David

[SettlementOrgMod]

Hello David,

Thank you for sharing your situation and question with us.

We can appreciate that you would be very concerned about this situation and interested in finding out what your rights are in this situation.

It is best that you contact the Landlord’s Self Help Centre.

The Landlord’s Self Help Centre is a non-profit community legal clinic funded by Legal Aid Ontario and mandated to support Ontario’s small-scale landlord community exclusively.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

[edesmith]

I have a student renting a room in my home. He stated that he was leaving at the end of April because he had another place for the next year. Then, he changed his mind and wanted to stay. I informed him, in writing, that the agreement ended at end of April and I was holding him to that agreement.

Now he claims he is taking a month to month approach and that he cannot be evicted because of that. Do I not have to agree to that extension?

Also, he has made it clear that paying rent will be an issue for a few months, due to the corona virus situation. But he is not practicing self isolation at all. Some others in the house are very concerned about his potentially bringing in the virus since he is out everyday. How can I get rid of this person?

[SettlementOrgMod]

@edesmith

I have a student renting a room in my home. He stated that he was leaving at the end of April because he had another place for the next year. Then, he changed his mind and wanted to stay. I informed him, in writing, that the agreement ended at end of April and I was holding him to that agreement.

Now he claims he is taking a month to month approach and that he cannot be evicted because of that. Do I not have to agree to that extension?

Also, he has made it clear that paying rent will be an issue for a few months, due to the corona virus situation. But he is not practicing self isolation at all. Some others in the house are very concerned about his potentially bringing in the virus since he is out everyday. How can I get rid of this person?

Hello There,

Thank you for sharing your situation and question with us.

If you share a kitchen and bathroom with your tenant as the homeowner, you may be considered a licensor and not a landlord. CLEO’s Roommates tool can help you “find out what your rights and responsibilities will be when you share rental accommodation with another person.”

You may want to contact the nearest Community Legal Clinic for some advice regarding your situation. It may also help to connect with a community resource navigator at 211 to narrow your search. 211 Ontario is a free, confidential service.

Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.

In the meantime, StepstoJustice has helpful information about Is my landlord or property management responsible for enforcing physical distancing? Here is an excerpt:

Landlords don’t have authority to enforce the law. But they can:

• report tenants who break the law, and
• apply to the Landlord and Tenant Board to evict tenants who break the law or endanger others.

Landlords must also follow the rules about physical distancing themselves and do whatever they can to help their tenants follow the rules.

Ontario’s Ministry of Municipal Affairs and Housing is “encouraging landlords and tenants to work together during this difficult time to establish fair arrangements to keep tenants in their homes.”

Tenants who can pay their rent must do so, to the best of their abilities. Landlords are entitled to collect compensation from a tenant for each day that an eviction order is not enforced. However, tenants who are asked to self-isolate or who can’t work may have difficulty paying their rent.

The Landlord Self-Help Centre has also answered some frequently asked questions regarding COVID-19. Here is an excerpt on financial supports available to landlords:

What financial help is available for landlords?
If landlords are struggling to pay their mortgage, the Federal Government has announced that the 6 major banks in Canada are allowing for mortgage deferral options:

Canada’s Big Six banks announced last week they were prepared to provide personal and small business customers financial assistance “on a case‐ by‐ case basis” if consumers found themselves facing COVID-19-related problems. The largely unprecedented offer included up to a six-month payment deferral for mortgages, as well as other possible relief, with other, smaller lenders taking similar steps.11

Contact your bank for more information and to see if you qualify.

Small businesses (including small landlords) are also being offered financial assistance and support, more information can be found at https://www.canada.ca/en/department- finance/economic-response-plan.html

In Toronto, there are also payment deferral options for property taxes and a reduction in hydro charges for a minimum 45 day period beginning March 25, 2020. More information can be found at https://www.toronto.ca/home/covid-19/economic-support-recovery/economic- support-recovery-for-individuals-families/

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Sincerely,

Your Settlement.Org Team