So You've Got a Sticky Situation: Evicting a Roommate Who Dodgeball'd the Lease in Ontario
Let's face it, roommates are like a box of chocolates: you never know what you're gonna get. Sometimes you score a Willy Wonka-esque dream team, but other times...well, let's just say they leave dishes piled higher than the CN Tower and blast polka music at 3 AM. If you find yourself stuck with a roommate who wasn't on the lease and has all the eviction-resisting charm of a barnacle, don't despair! We're here to navigate the murky waters of subletting in Ontario and get your living space back to a roommate-free oasis.
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| How Do I Evict A Roommate Who Is Not On The Lease In Ontario |
First Things First: The Talk No One Wants to Have
Before you lawyer up and unleash the hounds (or, you know, the bylaw enforcement officer), a calm conversation is key. Remember, a little sugar goes a long way (unless they've been secretly stockpiling candy hearts – that might explain the polka music). Explain the situation, outline a reasonable move-out timeframe, and maybe even offer to help find a new place. Who knows, maybe they'll be so touched by your maturity they'll hightail it out of there while singing your praises.
Tip: Every word counts — don’t skip too much.
If that heartwarming scenario doesn't unfold and they stubbornly dig their heels in, well, buckle up buttercup, it's time for eviction rodeo!
QuickTip: Don’t ignore the small print.
Operation Eviction: Wrangling Your Rogue Roommate
Since your rogue roommate isn't on the lease, they're considered a subtenant, and Ontario's Residential Tenancies Act (RTA) doesn't directly apply. This means you, my friend, are the eviction sheriff. Here's your eviction toolkit:
QuickTip: Revisit key lines for better recall.
- The Notice to Leave: You'll need to provide written notice, outlining a reasonable move-out date (think 30-60 days). Be sure to keep a copy for your records.
- Legal Muscle (Optional, But Handy): If charm and reason have failed you, consider consulting a lawyer. They can help draft a formal eviction notice and navigate the legal side of things.
- Landlord Liaison: Keep your landlord in the loop throughout the process. They might have additional advice or, in extreme cases, be able to step in (remember, you are technically violating your lease by having an unapproved subtenant).
When Negotiations Go South: The Art of the Goodbye
If, after the notice period, your unwanted roommate remains as immovable as the Rock of Gibraltar, you can't just toss their belongings out the window (sorry, eviction ejector seat not included). Here's what you can (and can't) do:
Tip: Revisit challenging parts.
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- Change the Locks: Once the notice period is up, you can legally change the locks (with your landlord's okay, of course).
- Store Their Belongings: If they leave their stuff behind, you can store it securely for a set period (check your local laws for specifics).
Important Note: You cannot:
- Physically remove your roommate or their belongings.
- Damage or throw away their stuff.
If push comes to shove and they refuse to budge, you may need to apply to the court for a writ of possession, which is a legal order for removal enforced by a sheriff. This can be a lengthy process, so best to avoid it if possible.
Eviction FAQ: Your Sticky Situation Survival Guide
- How to Write a Killer Notice to Leave? Keep it clear, concise, and reference the date they need to be out by.
- How Much Notice Do I Need to Give? A reasonable timeframe is generally 30-60 days.
- Can I Deduct Unpaid Rent From Their Security Deposit? Maybe. Consult a lawyer or refer to your subletting agreement (if one exists).
- What if They Damage the Place? Document everything and take pictures. You might be able to sue them in small claims court.
- Help! I'm Drowning in Legal Jargon! Don't be afraid to seek professional help from a lawyer specializing in landlord-tenant disputes.
Remember, eviction is a last resort. Open communication and a touch of patience can often go a long way. But if all else fails, armed with this guide and a steely resolve, you'll (hopefully) be roommate-free in no time!
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