Ontario Tenancy Law

[MadMonarch]

My girlfriend has gone back to our hometown for 2 weeks for the holidays. She has a few animals in her basement apartment that she has not taken with her this year. The landlord lives above her on the main floors of the house and really does not seem to like me much. My girlfriend has asked me to take care of the Animals for the 2 weeks and recommended I bring my own cat over and just take care of them all together for the time period.

I am typically only in the apartment at night to sleep before going to work the next day, I bounce between my own apartment to check on things and sleeping at hers for these 2 weeks.

The landlord does not want me to be here and has asked me to leave. Is it in his right to ask me to leave even though I'm caring for the animals with my girlfriends permission to access the apartment?

[talktwo]

I would assume that depends on whether you're an authorized occupant or not. It would seem that according to the Residential Tenancies Act 2006, chapter 17:

Unauthorized occupancy

s. 100(1) If a tenant transfers the occupancy of a rental unit to a person in a manner other than by an assignment authorized under section 95 or a subletting authorized under section 97, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenant and the person to whom occupancy of the rental unit was transferred. 2006, c. 17, s. 100 (1).

and by s. 103(1) A landlord is entitled to compensation for the use and occupation of a rental unit by an unauthorized occupant of the unit.

However, the term "transfer" in this context does not include the situation where a tenant simply 'lets someone move in WITH them'.

"Transfer" - as the term is used here - involves the tenant 'giving' the premises to someone, and then themselves moving out.

I would deem you more as a "social guest" rather than an "unauthorized occupant" since you're not staying there for any permanent amount of time. Having said that, The Act is silent on the issue of having roommates for the duration of their tenancy and usually the tribunal or courts won't grant the landlord any application to evict unless the number of people living in the unit causes overcrowding or some other breach.

I'm not entirely familiar with the laws governing tenancies, but I hope that gets you started. My advice would probably be to speak with the landlord kindly and politely and explain the situation. In the end, it is their unit, and you are not (I assume) in any agreement with the landlord.

[MadMonarch]

I thought I read somewhere a long while back about someone staying for 2 consecutive weeks or less are considered guests. In this particular case I can show proof of where I actually live via my mail and written consent from my girlfriend (the tenant) stating she has given me permission to access the apartment. I've spent all night looking for things, but the act doesn't seem to specify guests, or if it does, it must refer to them as something else.

Technically it's not a transfer of occupancy as she is still technically living there, none of my possessions or mail come to the address, still fully hers. That's the way I see it anyways, it's always such a grey area with all of this.

[talktwo]

Well ... written consent of your girlfriend means nothing if the landlord doesn't agree to it. :)

[MadMonarch]

Well how do they determine what a guest is and how long they're allowed to stay for? lol. I just want to be young again and house sit for my neighbours, it was so much easier.

[Shaner]

Tell the landlord you're house sitting for the next 2 weeks so he's just going to have to suck it up. Let him know that if he really wants to make an issue out of it you and your girlfriend will have no problem going to the tribunal to plead your case.

[theguyz]

2 weeks no problem.

But for your safety etc... Get girlfreind to write a letter stating you will be staying at your address , period of time doing what. As well on letter state you are not subletting but taking care of animals that require special care ( more than feeding ) and as well for tenant insurance that she is leaving her rental unit for more than 7 days and requires someone to look after/check in on unit. As wella clause that at this time/period you are not moving in or subletting.

This was if lanlord calls cops when she is away you have letter of proog of occupancy from tenant. Best have it signed by a freinds/witness ( laywer overkill ) or even have her approach police station and they will probable ask for id or her contact # to be included on letter.

[MadMonarch]

Well she's already left for the holiday season, it's already been half a week since she left. I can still have her write me up the letter giving me permission. If it comes I should have to go to the board, how should I present it?

[arctics]

If he decides to create a case with the Tribunal, I hear it takes a few weeks before the case is heard anyway. By that time, your GF will be back, and there'll be no issue.

Why is it he wouldn't like you? Are you noisy?

[rp_guy]

Why is it he wouldn't like you? Are you noisy?

aren't all pets :lol:

[MadMonarch]

I haven't done anything and I've always been nice to him, when we speak he seems fine, but he emails my girlfriend all the time regarding the time I spend there. It's possible it could also be his wife that is the one pushing him to do this, I never see her....

[_Allan_]

Well she's already left for the holiday season, it's already been half a week since she left. I can still have her write me up the letter giving me permission. If it comes I should have to go to the board, how should I present it?

Have your g/f call the landlord and explain what is happening. Illegally the landlord can put stipulations about 'house guests'. Legally, the police can't/won't do anything about it.
Get your girlfriend to EXPRESS POST a letter post haste to your work signed by her, and a lawyer stating your just house/pet sitting.

As for Tribunal, it's at least an 8 week watining period, and if the landlord decides to make a big deal about it, then go to the case, show the signed letter, a copy of the lease etc.

I had a landlord try to evict me because I got a rabbit 3 months into my tenancy. The tribunal told the landlord that I could counter-sue for all my rent back due to the clause that "no pets allowed" was illegal.

Good luck!

[BaboSo]

Why can't you bring her pets to your apartment and take care of them there?

[MizTEcK]

extra person = extra use in utilities, they didn't rent to two people, they rented to ONE, obviously they're not happy you're staying for such long times

[legendofxix]

extra person = extra use in utilities, they didn't rent to two people, they rented to ONE, obviously they're not happy you're staying for such long times

But for this two weeks, hes the only one in the apartment, thus the utilities are still being paid for for only 1 person

[MizTEcK]

well its more like they never liked him, since his gf is gone now, why would they want him there :lol:

there might be other reasons, but obviously OP's not welcomed on the property

[Nikita]

I would assume that depends on whether you're an authorized occupant or not. It would seem that according to the Residential Tenancies Act 2006, chapter 17:

Unauthorized occupancy

s. 100(1) If a tenant transfers the occupancy of a rental unit to a person in a manner other than by an assignment authorized under section 95 or a subletting authorized under section 97, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenant and the person to whom occupancy of the rental unit was transferred. 2006, c. 17, s. 100 (1).

and by s. 103(1) A landlord is entitled to compensation for the use and occupation of a rental unit by an unauthorized occupant of the unit.

However, the term "transfer" in this context does not include the situation where a tenant simply 'lets someone move in WITH them'.

"Transfer" - as the term is used here - involves the tenant 'giving' the premises to someone, and then themselves moving out.

I would deem you more as a "social guest" rather than an "unauthorized occupant" since you're not staying there for any permanent amount of time. Having said that, The Act is silent on the issue of having roommates for the duration of their tenancy and usually the tribunal or courts won't grant the landlord any application to evict unless the number of people living in the unit causes overcrowding or some other breach.

I'm not entirely familiar with the laws governing tenancies, but I hope that gets you started. My advice would probably be to speak with the landlord kindly and politely and explain the situation. In the end, it is their unit, and you are not (I assume) in any agreement with the landlord.

There's no way this is a 'transfer of occupancy', it's simply someone apartment sitting, no more no less. The LL can't do anything about it, she pays rent, she can have anybody she likes stay there. Units are not rented by the person, but by the unit.

I thought I read somewhere a long while back about someone staying for 2 consecutive weeks or less are considered guests. In this particular case I can show proof of where I actually live via my mail and written consent from my girlfriend (the tenant) stating she has given me permission to access the apartment. I've spent all night looking for things, but the act doesn't seem to specify guests, or if it does, it must refer to them as something else.

Technically it's not a transfer of occupancy as she is still technically living there, none of my possessions or mail come to the address, still fully hers. That's the way I see it anyways, it's always such a grey area with all of this.

There's no grey area there at all, you're absolutely right.

Tell the landlord you're house sitting for the next 2 weeks so he's just going to have to suck it up. Let him know that if he really wants to make an issue out of it you and your girlfriend will have no problem going to the tribunal to plead your case.

+1 Besides, by the time he gets to the tribunal she'll be back. Tell him if he wants you out to file with the tribunal. That's what I'd do anyway.

Well she's already left for the holiday season, it's already been half a week since she left. I can still have her write me up the letter giving me permission. If it comes I should have to go to the board, how should I present it?

IF he goes to the tribunal (and I'd bet money he won't) it'll be after she's back anyway, but he may proceed to try and get some money out of you (which won't succeed anyway), present it as it is. You were housesitting. Period.

extra person = extra use in utilities, they didn't rent to two people, they rented to ONE, obviously they're not happy you're staying for such long times

Doesn't matter if they're not happy, they don't have to be happy, but they do have to comply with the legislation and the LL has nothing in the legislation to support his position. Besides the fact that apartments are rented by the unit and not by the person, and the fact that the LL can choose to charge for utilities or not and has chosen not to, that's the chance he takes with any tenancy that includes utilities. Even if that were a valid argument, there's still only one person using the utilities cuz she's gone. He's not entitled to a winfall whenever a tenant goes away by not having to pay for utilities, yet he likely gets one most of the time. It all comes out in the wash generally speaking, but specifically speaking, he's out nothing.

I'd ignore him.

[Rishi]

For any questions about the Residential Tenancies Act and how it pertains to you, call the LTB at 1-888-332-3234 or visit a regional office. As a former employee, I can attest that it is one of the few government offices where the CSRs actually know what they're talking about. :razz:

[jstaneon]

sounds like the typical landlord scumbag. Put a bag of flaming poo on his front step :)

[MadMonarch]

Well, the girlfriend has sent him a final email stating that I am a guest in her house and that I have been kind enough to agree to take care of the animals in her home during the time period she is away. If he has a problem with this then her mother states that she will hire someone to do the job instead. The tactic being here that he would rather have someone he knows a little in the apartment rather then a total stranger. Regardless, we will see what his response is in the morning. This should be interesting =D. I do hope we come to an understanding.

[custy]

I guess as long as the original tenant has given notice to the landlord that someone he/she knows will be staying in the unit while tenant is out for vacation then it is okay. Of course the temp tenant must follow all rules and provide respect for the property and the land lord.

[Nikita]

Well, the girlfriend has sent him a final email stating that I am a guest in her house and that I have been kind enough to agree to take care of the animals in her home during the time period she is away. If he has a problem with this then her mother states that she will hire someone to do the job instead. The tactic being here that he would rather have someone he knows a little in the apartment rather then a total stranger. Regardless, we will see what his response is in the morning. This should be interesting =D. I do hope we come to an understanding.

Sooooo...any response yet MadMonarch?

[MadMonarch]

Nothing.....we have received no responses from him.....It's like he just backed away, or he's trying to do his own research and see what he can do =P

[MadMonarch]

We received an email finally.

He claims that because the basement apartment is part of his house (even though it has it's own entrance), he has legal claim to it and is responsible for the security of it. That said he goes on to say that he's never had a problem with my girlfriends tenancy for the time she's lived here and to continue on Amicable terms with her, he will allow me to reside here until her return on the 31st. Although the lease is with her and he's sure I'm a very trustworthy individual, the lease does not pertain to me and as such I am only supposed to be here when my girlfriend is here, not by myself.

[Rishi]

We received an email finally.

He claims that because the basement apartment is part of his house (even though it has it's own entrance), he has legal claim to it and is responsible for the security of it. That said he goes on to say that he's never had a problem with my girlfriends tenancy for the time she's lived here and to continue on Amicable terms with her, he will allow me to reside here until her return on the 31st. Although the lease is with her and he's sure I'm a very trustworthy individual, the lease does not pertain to me and as such I am only supposed to be here when my girlfriend is here, not by myself.
The lease terms are valid only insofar as they do not conflict with the RTA. You cannot enter into a contract to break the law, so even if she signed a lease stipulating exactly these terms they are still unenforceable.

If there are future issues with this landlord not understanding the full breadth of your girlfriend's legal rights as a tenant, the LTB offers a free mediation service which may help in clearing it up without waiting a long time for a hearing before an adjudicator. The mediation is binding and the Board can issue an order based on it's terms in an expedited fashion if the mediated agreement is violated by either party. For example, the mediated agreement could stipulate that the landlord will cease attempting to interfere with reasonable enjoyment of the rental property (i.e. presence of invited guests), with the provision that your girlfriend will be entitled to a rent rebate if he violates this.