Landlord/tenant rights, dealing with problems, where to get help...
Roommate Listed as Tenant but never signed Lease
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qm2112 Posts: 1
Posted On: 8/5/2014
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Hi,
I rent an apartment with a roommate in Ontario. We went through the application process together, so his name is listed on the lease as a tenant, but I moved in a month before he did and signed the lease, whereas he never signed it when he moved in.
We don't get along and he can be very hostile and verbally abusive. It is a very uncomfortable living situation, and I've asked him to leave but he refuses.
The rent comes directly out of my bank account every month, and the deposits are all on my own personal checks. The utilities are also billed to me. He pays me his half in cash every month.
What I am asking is if it's within my rights to kick him out, seeing as I am the only one who actually signed the lease. Or does his name being on it count as enough? Also, if I start to kick him out is it possible for him to just go to our landlord and add his signature to the lease?
Thank you
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Moderator Moderator Posts: 4142
Posted On: 8/7/2014
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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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