yay! more landlord headaches!

[kuba]

question: are you guys sick and tired yet of me asking these questions?

answer: maybe.

even so, help me if you can

situation:

-not in a lease
-jan 1st announced leaving march 1st, thus giving 60 days JUST IN CASE (verbally)
-jan 15th subletted place to someone until march 1st, with the understanding that IF they want to stay, they would have to seek approval from landlord (credit check etc)

I get a call today saying those people have not been approved, and thus they have to be out by march 1st (due to the fact that they have 2 dogs which no one told me about)

questions:

1. can the landlord seek any legal recourse against me?

2. what is my legal obligation now? (to ensure the place is emty for march 1st, that part I know.. anything else?)

3. how does one seek an eviction notice (in case these peopel dont understant they have to leave)



Thanks for your help in advance.

 

[squirrely]

they were subletting from you til march 1st...after that, isn't it pretty much out of your hands? the lease they woulda signed for march 1st would have been with the landlord...so if that never happened, they're kinda SOL, yeah?

 

[kuba]

Originally posted by squirrely
they were subletting from you til march 1st...after that, isn't it pretty much out of your hands? the lease they woulda signed for march 1st would have been with the landlord...so if that never happened, they're kinda SOL, yeah?

yes, they are. I told them its their responsibility to follow the instreuctions of the landlord (i.e. reference checks etc). They fucked up LARGE and now cant stay past March 1st. Trouble is, my landlord said he isnt happy with how they are treating the place. Since technically Im subletting, I wonder if he can sue me for any damages to the place. Hell, I'll pay mollymaid to get it cleaned up (a hundred or two) but thats it.

 

[JEMZ]

From what I know of the landlord tennant act, there is no legal recourse a landlord can take on a tennant based upon ownershitp of a pet. I believe Ontatio Law states that it is illegal to deny a lease at a location because a person has pets... check it out.

 

[kodos]

seriously... read up at the ontario housing and rental tribunal or whatever its called...

I tend to think you can stick it to 'em on this one, as with any other landlord/tenant dispute. Make sure everything is in writing in case you go to court or whatever.

 

[chooch]

Whoa! How filled with drama has this move been for you?!! Sorry to hear that what should be a happy venture for you has become riddled with issues.

Perhaps there is a city department (relating to tenancy) that can answer these questions.

I hope that these people don't get unruly with your place when they find out they are not allowed to stay past March 1.

 

[kat]

if they are refused only because they have dogs, your landlord cant really do anything about it.

like someone said above, its illegal

 

[KiFe]

i googled 'ontario tenant act'
you should too.


as good as tribe misinformation can be, perhaps in a case like this, it's best to research ACTUAL law.

hope you can find your answers qtip.

 

[kuba]

they have the discretion though to let them stay or not, whether its dogs that are the reason or not.

meaning, they told me they just dont trust them to stay there and such.

thats reason enough, isnt it?

And, yeah, I hope they dont trash the place either cuz if they do then Im kind of fucked.

 

[chooch]

Do you know the current sub-letters well? Will they be cool with finding another place?

You may want to investigate the current subletting laws. The more information you have on this issue, the better.

As for your landlord, he can always state other reasons for not wanting the sub-letters to be there. As it stands, he sounds unhappy and holding you responsible.

Tough position. Inform yourself on what your responsibilities are and what recourses you have in this situation.

 

[LeoGirl]

Originally posted by kat
if they are refused only because they have dogs, your landlord cant really do anything about it.

like someone said above, its illegal

actually they can, IF the "pets" are interfering with the reasonable comfort/enjoyment of the other tenants/landlord.

 

[janiecakes]

http://torontotenants.org/ (federation of metro tenants' associations)

there is a tenant hotline on that site that you can call and speak to someone who is paid (not by you) to give out this kind of advice.

they're helpful and knowledgeable.

 

[kuba]

Originally posted by janiecakes
http://torontotenants.org/ (federation of metro tenants' associations)

there is a tenant hotline on that site that you can call and speak to someone who is paid (not by you) to give out this kind of advice.

they're helpful and knowledgeable.

fucking wicked! thanks.

 

[The Watcher]

Jake... only murder will solve this problem.

 

[LeoGirl]

questions:

1. can the landlord seek any legal recourse against me?

yes, damages caused by your subleaser could in turn cost you. The lease is in your name till March 1st .:. you are responsible for the place until then

2. what is my legal obligation now? (to ensure the place is emty for march 1st, that part I know.. anything else?)[

make sure you pass the message on.

3. how does one seek an eviction notice (in case these peopel dont understant they have to leave)

http://www.orht.gov.on.ca/scripts/index_.asp?LG_ID=1

they provide telephone numbers to talk to people, you may be on hold for about 20 minutes, but they are very helpful.

Lot's of info on subletting, and they provide "Official Forms" for evictions, warnings, rental increases etc.



Basically, after March1st, if these people don't leave, your landlord is pretty much left with squatters, and will have to go thru his own legal recourse to have them removed.

The police will not do shit. Call the Tribunal and speak with a representative, they can answer ALL of your questions.

speaking of which all your dramam has reminded me to disconnect my heat and hydro..........

till next time.

good luck

 

[squirrely]

Originally posted by KiFe
i googled 'ontario tenant act'
you should too.


as good as tribe misinformation can be, perhaps in a case like this, it's best to research ACTUAL law.

hope you can find your answers qtip.

i kinda agree. in this case, it's probably best to sort out the legalities before it gets anymore complicated. for sure don't sit on it for very long.

who was the call from? the landlord or the current tenants? cuz if it was from the landlord then that's fucked. it's really no business of yours whether or not they were approved.

 

[lucky1]

Yeah the tenant protection act does have a section about sub letting. I can't recall off the top of my head but I've read the act cover to cover.

 

[LeoGirl]

^^^well actually it is if they are subleasing from him. Now qtip needs to ask them to leave, not the landlord.

Basically he is the landlord of these sub-leasers, the real landlord only needs to deal with qtip since he is the official "renter" on the agreement.

After March 1, this may change.

Call the ORHT - speak with a rep. They will help

Call the Tribunal’s toll-free telephone information service at 416-645-8080 from within Toronto calling area or 1-888-332-3234 from outside Toronto. Representatives are available Monday to Friday, except holidays, from 8:30 a.m. to 5:00 p.m.

 

[janiecakes]

The OHRT reps are helpful if you can actually get through to them!

 

[lucky1]

Sublet

A sublet is where a tenant with a fixed term lease moves out of the rental unit, lets another person live in it for a period of time, but returns to live in the unit before the lease ends.

In a sublet, the lease, and the landlord to tenant relationship, remains in effect. The tenant must continue to pay rent, and comply with all other tenant duties.

The tenant also becomes a landlord, to the subtenant, and must comply with all landlord duties.

A sublet is not created when a tenant takes in a roommate, and the first tenant is not the landlord of the roommate.

A tenant must have their landlord’s approval to sublet. If a tenant has found a potential subtenant, the landlord must have a good reason for refusing to approve that person.

A tenant who is a superintendent, or lives in subsidized, non-profit or public housing, cannot sublet.

The landlord of a care home can refuse to approve a sublet if the proposed subtenant is not eligible to be a resident of that home.

official ORHT website

 

[squirrely]

Originally posted by LeoGirl
^^^well actually it is if they are subleasing from him. Now qtip needs to ask them to leave, not the landlord.

Basically he is the landlord of these sub-leasers, the real landlord only needs to deal with qtip since he is the official "renter" on the agreement.

After March 1, this may change.

Call the ORHT - speak with a rep. They will help

yeah they are *currently* jake's tenants, but they were applying for a lease with the actual landlords, so if that application got turned down, then isn't the landlord the one who they would deal with?

jake is fulfilling his obligation to the tenants, up until march 1st, as he is legally bound to do.

 

[tommysmalls]

Originally posted by KiFe
i googled 'ontario tenant act'
you should too.


as good as tribe misinformation can be, perhaps in a case like this, it's best to research ACTUAL law.

hope you can find your answers qtip.

seriously!!!!

 

[lucky1]

No it seems the landlord only deals with him, and he deals with his "tenants" because his name is still on the lease until March 1.

Good luck Jake. I've dealt with some major tennant / landlord issues over the past couple years. I know how much of a nightmare it can be. Good luck. I hope you don't have to get an eviction procedure. That would be a nightmare.

Now I live in a building where I deal with a board of directors and my cheque goes to a faceless corporation. I am month to month and can leave any time so long as I give my 60 days.

Well live and learn right?

Moral of the story don't sublet to people from tribe? (you found these subletters through tribe right? I remember your thread)

 

[squirrely]

Originally posted by lucky1
No it seems the landlord only deals with him, and he deals with his "tenants" because his name is still on the lease until March 1.

[fake smart] yes, as far as his obligations to them until march 1st are concerned. but the tenants applied to the landlord for *after* march 1st, and the landlord is turning them down for *after* march 1st. that's all i'm saying...that what happens after march 1st shouldn't be jake's concern. the current tenants knew that jake only had the place til then. after that, they're on their own. [/fake smart]

this move has been a frickin nightmare, bud. but i know you are still happy so yay!

 

[kodos]

Originally posted by lucky1
Moral of the story don't sublet to people from tribe? (you found these subletters through tribe right? I remember your thread)

I believe we have pinpointed the source of the trouble...