Landlord/tenant rights, dealing with problems, where to get help...
Roommate Issue
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needhelpasap Posts: 1
Posted On: 6/25/2014
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Okay so I had an old friend move in to my apartment as a roommate.
He's paid his rent minus other expenses I.e the internet.
Roommate asked about having people over I informed him I didn't have an issue as long as he could give me some kind of notice.
The first time he had someone over he notified me late at night that someone would be sleeping over explained that I didn't appreciate being woken up from his arrival and without receiving the text due to me being asleep already.
(I work early in the morning.) he told me that he wouldn't happen again. He also sent me a text stating that he wouldn't bring her again.
He has continued to do it with notice of a text (once again around 11:00 pm when he knows I will be asleep) which is becoming a big problem with not having proper notice and finding out when wake up in the morning.
He is also making it very uncomfortable to be in the house as well as makes it very awkward at some times.
This is my first apartment and am renting the room to him because he wanted a place cheap place to save up for school and its turned around and is making it very hard for not only me but my other roommate to want to be home.....
Dont know what to do or how to go about telling him that its not working out and that I would like him to move out.
Tried looking up the tendant and landlord act but ddint find anything helpful.
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Moderator Moderator Posts: 4141
Posted On: 6/26/2014
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Hello,
Thanks for sharing your situation with us.
You can find some helpful information in this Sharing Rental Housing webtool from Community Legal Education Ontario (CLEO).
According to this tool and according to the information you have provided us, it sounds like your roomate may be considered a "licensee". Here is an excerpt,
"You are considered a "licensee" and the person who rents the place to you is a "licensor". The law of landlord and tenant does not apply. Neither the Commercial Tenancies Act nor the Residential Tenancies Act applies to you. The law about licensees is mostly judge-made law.
A licensee has a limited right to occupy the premises for a limited period of time. The courts will look at many factors to determine whether a person is in a landlord-tenant relationship or a licensor-licensee relationship. There is no simple test. Two common situations when you would likely be considered to be a licensee are:
*if you share a house or condominium unit (including a bathroom or kitchen) with the owner or their child, parent, spouse, or their spouse's child or parent
*if you rent a room in a house, apartment or condominium unit from a person who is a tenant living there, and you share the space with that person.
As a licensee you have very little legal protection. You can be evicted:
*without notice if you don't pay rent; or
*with notice for any reason or even for no reason. The amount of notice required is usually equal to your rental period (often one week or one month).
It is often a good idea to get a written agreement before moving in. You should include in this agreement what will happen if you want to move out or if the person you rent from wants you to leave. If there is a dispute between you and the person you rent from, and you cannot settle it between yourselves, you may have to go to court. Depending on the type of dispute, you may be able to go to Small Claims Court or the Superior Court. It is very unlikely the court would stop you from being evicted, but you may be entitled to monetary compensation in some situations."
You may want to contact the nearest Community Legal Clinic for some additional information.
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
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