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Evicting an Occupant 

Sm975
Sm975
Posts: 1


Posted On: 3/2/2020
Sm975
Sm975
Posts: 1
Hello.

I am the sole tenant on a lease in Ontario. I took up an occupant as I had a spare bedroom. He is not on the lease with the landlord or anything but has a written agreement with me about paying rent ext.

He is now late to paying rent, way passed the agreed upon date and the second agreed upon date.

Just wondering what my rights are. As we signed that this means eviction and he has no rights under the landlord and tenant board as an occupant. I am not sure what I can do?

If he doesn't leave, do I call the police? Do I change locks but allow him to come get his stuff? Because legally he can't be here anymore ..
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Moderator
Moderator
Moderator
Posts: 3223


Posted On: 3/17/2020
Moderator
Moderator
Moderator
Posts: 3223
Hello There,

Thank you for sharing your situation and question with us.

You may find this excerpt from the Landlord Self-Help Centre useful. The Landlord's Self-Help Centre is a non-profit specialty community legal clinic funded by Legal Aid Ontario and mandated to provide support exclusively to Ontario's small landlord community.

I am the leaseholder and need to know my legal rights and obligations to my roommate. I want to evict her because she is dirty and does not help me take care of the rental unit. I am afraid that if I give her notice to leave, she will cause damage to the unit when I leave for work. What is the minimum notice I can give her?
This type of situation does not fall under the Residential Tenancies Act because you are not considered a landlord. You are a head tenant and the person you are renting to is your roommate. You should obtain legal advice on this issue from a lawyer or paralegal. We can only provide legal advice to landlords and property owners that are covered by the RTA. Contact the Law Society Referral Service at www.findlegalhelp.ca or the Community Legal Education Ontario (CLEO) at www.cleo.on.ca for more information about evicting your roommate.


CLEO also developed a Roommates tool that would help you “figure out which laws apply to your situation and what your rights and responsibilities are.” as someone with shared living arrangements.

To find community legal clinics in your region, please visit services near me on Settlement.Org. If you have any additional questions, please feel free to post them here.

We hope this information is helpful.

Settlement.Org Team
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