Landlord/tenant rights, dealing with problems, where to get help...
Tenant Sharing Apartment with a Non-Tenant
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Tango Lily Posts: 2
Posted On: 2/24/2015
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My son made an arrangement with a friend to share his apartment which is a 2 bedroom unit.
The tenant (his friend) as a FYI courtesy informed the Superintendent of this development.
He was told my son had to submit information to the landlord before he would be allowed to move in.
My son was given some forms which were actually application forms for tenancy. These forms were asking for SIN#, pay statements, 2 letters of reference and 2 pieces of I.D. Both the Tenant and my son expressed concern about providing this information and clarified that this information is not necessary for the Landlord to have. The Superintendent said that the rules and regulations were that everyone is screened before residing in the apartment building and he would not be allowed to move in unless these forms are completed and handed in to the Superintendent.
The Tenant believed that the Landlord's rules and regulations did not override the Residential Tenancies Act and my son did not fill out or hand in the forms.
This past Saturday with the moving truck at the apartment building, the Superintendent refused my son to move into the building. With the moving truck on the clock for approx. 30 minutes, heated discussions ensued.
The Superintendent and his wife made an ultimatum that (a) my son complete, fill out the forms and if approved, sign a lease, (b) have his name added to his friend's tenancy agreement, (c)move in that day but agree to move out in 2 weeks time if (a) or (b) was not completed. Under duress, my son chose option (c).
He's moved in, has given 2 months rent to the Tenant and the Superintendent says my son can't live with the Tenant or live in the building.
Is there any recourse for the Tenant and my son. Can the Landlord (Superintendent) stop my son from living with his friend?
What recourse do they have?
My son is a Canadian as is his friend.
Tango
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Moderator Moderator Posts: 4142
Posted On: 2/26/2015
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We received this update from Tango:
The Tenant went to the Legal Clinic yesterday. He was advised that the Landlord has no legal recourse to take action against the Tenant. He was advised to submit a letter to the Landlord (superintendent) advising them that his friend will not be vacating the unit and is staying in the unit indefinitely at his discretion and pleasure. If the tenant is given an eviction notice or if the Landlord engages in harassment behavior, the tenant is to contact the Legal Clinic and action will be taken.
Tango
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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