Bad Tenant. Need Help!

[xGambitx]

So this guy who has been living in our basement has been giving us problems. He was giving us attitude, was extremely rude so we told him that to leave if he wasn't happy. He gave us a notice of leave for a one month even though I heard its suppose to be 2 months, however now I think he is damaging our property. The first basement window started leaking 2 weeks ago, and yesterday he comes up and says the second one is leaking as well. We never had these problems for the year he has been living here, and we hear these drilling, hammering noises in the basement. Is there anything we can do legally? Is there anything at all we can do? He's destroying our property right under our noses.

[submarine]

Start by setting up some camera's so you have solid proof of him doing it.

That guy sounds like a real jerk and I hope you get rid of him soon

[thelefteyeguy]

before entering into the discussion of kicking him out...do a search...there's a huge thread on the process...

[xGambitx]

Start by setting up some camera's so you have solid proof of him doing it.

That guy sounds like a real jerk and I hope you get rid of him soon

I don't think its legal to go in downstairs where he lives and setup a camera there?

[ConsumeristHero]

I don't think its legal to go in downstairs where he lives and setup a camera there?

Probably not legal, I agree.

[Beeg]

Be careful. The situation is more complex than you think.

[JBlue]

Start by setting up some camera's so you have solid proof of him doing it.



Stop posting stupid suggestions.

OP do you have a deposit? Check the threads.. there may be info on the process of eviction. However when he does move out do a very thorough inspection and bill accordingly. Also give the appropriate notice if you want to check the place out. I believe 24/48 hours? However not sure if you can just say want to look around or need a valid excuse. Either case find some info and know your rights.

[Quiggie]

Giving you attitude and being rude to you is not illegal, you can't kick him out for that reason.

[silentio]

First of all, it is illegal to do substantial renovations without the consent of the landlord. You could sue for damages.

I can also tell you that the police will get involved if you have proof that he's wrecking the premises on purpose - this becomes a criminal matter for him if he did intentionally damage the house. Call up the local police department (not 911 lol) and talk to one of them on this matter.
EDIT: you really do want to officially talk to a cop in case you need evidence that this event happened at a certain date while the tenant is still there. You will get a badge number from the cop and he will make an offical case on this matter, just in case you do pursue that tenant in court.

I do hope you took pictures of the basement before you let him into there.

Dont do the hope and wait thing because some tenants will just one day leave. They wont return the key and they will just disappear and you wont ever see them again. Ok?

And BTW, there is a loophole allowing you to inspect the basement. Check with the housing tribunal, but im fairly certain you can give him written notice that you're entering the premises to fix something and he has to by law grant you access after the written notice. You have to get this procedure done properly (eg. taped written notice, put in mailbox, or put under the door etc) or you could get sued. Talk to the tribunal first to see the procedure, and what exactly can be fixed (used as excuse) to get access to the basement. Bring a camera.

[pkguy]

He's told you the basement window is leaking. That right there is your perfectly legal excuse as the landlord to enter his apartment to inspect it. He cannot refuse BUT you have to give proper legal notice which could vary depending on what province you live in.
If during your inspection of the leaking window you find something else he is doing illegally then you can follow up on those things with the Landlord Tenant department of whatever province you live in.

[cooolway]

Try to get some evidence.
First, give him a notice that you wish to inspect the property 48 hours prior to the inspecting.
When inspecting, take pictures of the damages, and search EVERYTHING. Inquire him about the drilling noises that you heard. Watch his face if he's lying or not when he is answering your question.
You can't just sue him just because water is leaking, you need some evidence. I suggest that you some handyman or whatever and ask him whether it seems like a inflicted damage or just the house itself. If he says it's a inflicted damage, get a written statement from him. Getting written statement from more than one is good.
and finally, sue his ass in small claims court.

Trust me, the law is not on the side of the Landlord. I had these people living at my property for 6 months without rent and wreck it everyway possible before the court did anything.

[xGambitx]

Try to get some evidence.
First, give him a notice that you wish to inspect the property 48 hours prior to the inspecting.
When inspecting, take pictures of the damages, and search EVERYTHING. Inquire him about the drilling noises that you heard. Watch his face if he's lying or not when he is answering your question.
You can't just sue him just because water is leaking, you need some evidence. I suggest that you some handyman or whatever and ask him whether it seems like a inflicted damage or just the house itself. If he says it's a inflicted damage, get a written statement from him. Getting written statement from more than one is good.
and finally, sue his ass in small claims court.

Trust me, the law is not on the side of the Landlord. I had these people living at my property for 6 months without rent and wreck it everyway possible before the court did anything.

Thanks for all the comments. Sadly we didn't take any pictures well mainly because the tenant was already living in the basement when we bought the house. The other messed up thing is that this guy is a handy man, he's retired and use to do this for a living. So he knows this stuff like the back of his head. WHich is why it is hard to find out where the water is actually leaking, and the damage does not look like its inflicted even though it is. We out the first leak, it was from outside, the concrete was hammered on (it seems) and you can see fresh dirt underneath which means it was tampered with recently. I guess only time will tell when this guy moves out as to how bad this is gonna get.

[Narci]

Is your suite legal?

[Jump145]

So you mean you have a guy who uses tools living in a basement and you hear tool noises? OMFG!

That's almost as bad as the guy who rented to a musician and heard music. :P

I may be wrong here, but how was this guy as a tenant when you first bought the place? how long has he lived there? Based on the paranoia evident in your posts I'd say you played at least a small part in the problem, you'd be wise to learn from it before you get a new tenant.

[gretzky99]

Thanks for all the comments. Sadly we didn't take any pictures well mainly because the tenant was already living in the basement when we bought the house.

:confused: :confused: :confused:
please explain that part....

[xGambitx]

:confused: :confused: :confused:
please explain that part....

Meaning the previous owner of the house was the landlord to this tenant. To the poster above, remember this guy is retired so he never used these tools before, we didn't these noises for the year he was living here. It also can't be a coincidence that 2 windows started leaking 2 weeks apart, which haven't ever given us a problem for the past year.

[taxman007]

Meaning the previous owner of the house was the landlord to this tenant. To the poster above, remember this guy is retired so he never used these tools before, we didn't these noises for the year he was living here. It also can't be a coincidence that 2 windows started leaking 2 weeks apart, which haven't ever given us a problem for the past year.

How do you know it was the tenant though? Houses have problems just like cars do.

[Jump145]

You're like the definition of a bad landlord, tenant reports problems, you blame them on him and tell him to leave if he doesn't like it.

You're responsible to repair the place, do your job, and show respect for other people and you might be able to keep the next tenant for awhile.

[DGTD]

Bam bam

[cooolway]

You're like the definition of a bad landlord, tenant reports problems, you blame them on him and tell him to leave if he doesn't like it.

You're responsible to repair the place, do your job, and show respect for other people and you might be able to keep the next tenant for awhile.

No dude,
Tenant and Landlord had an arguement, heard noises of drilling and then windows started leaking for the first time in a year, if you start putting these together, one can assume that he did the act. Also, it is highly reasonable that he did not do any wrong deed, it just happened.

[taxman007]

No dude,
Tenant and Landlord had an arguement, heard noises of drilling and then windows started leaking for the first time in a year, if you start putting these together, one can assume that he did the act. Also, it is highly reasonable that he did not do any wrong deed, it just happened.

why would a tenant purposely cause a leak in his living area? Does he want to start a fire and kill himself when the water touches one of the cords going to his TV and Stereo (assuming that he has a TV?).

[Narci]

So is the suite a legal suite?

[_Allan_]

When you built the suite, did you get permits?
Do you have an egress window?
Is it separated from your living area - including laundry - by a metal door?
Is there a fire extinguisher in the suite?
Do you pay taxes for the income, or to the City for owning a business?
Because that is what you are. You're running a business and I bet the city and Canada Revenue don't even know.

You sound like the epitome of a bad landlord.

[Narci]

I think the problem lies is that if it's not a legal suite, you can get into more trouble then just trying to evict the tennant.

Your options are more limited if the suite is not legal.

[Beeg]

How many suites are legal in Toronto? 1%?

These fire-traps and mould hotels need to be shut down IMO.