I rented my penthouse condo at Yonge and Finch last year to a couple. The lease was to last from Oct 1st 05 to Sep 30th 06. Back in march of this year...the couple broke and the girl left. i found about this from the security and i was not informed about this at all....

anyway...i met the guy at the site and discovered that a friend of his had moved in with him (that too without my knowledge and approval).

i said i dont have a problem and we re-signed the altered lease agreement for the rest of the term. At this time, i clearly told him not to do anything behind my back...if he wants to move early or whatever....he should tell me and we will figure something out. This guy continued to have some problems with the management and security also....

He left me a voice message three weeks ago that he wants to move out early. I called him back and left a message...he didnt return my call....over the next couple of weeks until end of June...i left him two more messages but he didnt respond.

Up until June...their cheques went through ok and they also kept the apartment neat and clean. The cheque for the month of July bounced yesterday. (because the guy had it placed for STOP PAYMENT AT THE BANK).

I was pissed...so i drove all the way to North York last night to check whats going on. The security called the unit but there was no response...i asked them that i want to check the apartment so i would like one of them to come up with me as a witness....they flaked out and started to give me legal crap....basically they got scared ****less....

after about half an hour...i quietly went upstairs and went inside the apartment...there was nobody home and it looked like that these guys have been moving their stuff out....they still had a sofa...phones...clothes...one of the two beds....stereo and food in the fridge...but it looked clear that nobody has been living there for a while now.....they have an aquarium there with dead fish in it...cuz nobody fed them for some time i guess.

i didnt touch anything and quietly left after leaving a note for the management office. just talked to them today and they said they will get back to me.....

also talked to the real estate agent who had the lease done for me...he is checking with the rent tribunal.

i wanna know...what are my options? they paid me two months of rent in advance so im good financially till the end of July. the legal process may take long and i wanna kick these guys out permanently....

can i change the locks...i have requested the management to cancel their access cards and garage door opener....

the worst part is that there is no contact with these people...i have three phone numbers....but nobody responds or even picks up.

any suggestions? im frustrated like hell.

 

i used to rent out my old house and its all basically legally binding in the terms and conditions of ur lease .. once its signed its bound to them ..

 

change dem locks boy

 

and begin legal proceedings if necessary

 

now is when the fun begins ..

 

matt...i cant change the locks myself...only the management can do that (as per the condo bylaw)....im waiting for them to respond to me today.

 

They now can legally move out of there and end the lease early because you entered their apartment without giving them notice or notifying them.

You can not just walk in there as you please. If they had recurrent checks bouncing okay, but this was their first one.

TAKEN FROM THE ONTARIO RENTING HOUSING TRIBUNAL:

A landlord can enter a unit without written notice if:

there is an emergency, like a fire,
the tenant allows the landlord in,
a care home tenant agreed in writing to let the landlord do " bed checks."
A landlord can enter a rental unit without written notice, between 8 a.m. and 8 p.m. if:

the rental agreement requires the landlord to clean the unit – unless the agreement allows different hours for cleaning,
a notice of termination has been given by either the landlord or tenant, or there is an agreement to terminate the tenancy, and the landlord wants to show the unit to a potential new tenant (although notice is not required, the landlord must try to tell the tenant before entering for this reason).
A landlord can enter between 8 a.m. and 8 p.m., and only if 24 hours written notice is given to the tenant:

to make repairs or do work in the unit,
to allow a potential purchaser, insurer or lender to view the unit,
to allow an inspection by an engineer or architect or similar professional for a proposed conversion under the Condominium Act,
for any reasonable purpose allowed by the rental agreement.

 

if this one thing is breached the contract is broken? i find it hard to believe that the whole contract would be frustrated by that one action. Plus the check bounced because of a Stop Payment. which was an intentional non payment on their behalfs...

 

and this was given

"a notice of termination has been given by either the landlord or tenant"

 

but they might have had a reason... they might have stopped payment for other reasons.

And yes it can be stopped for that one reason, I am sure these guys are not smart enough to start legal proceedings towards him but I was just stating those are the rules.
I WOULD BE HELLA PISSED IF MY LANDLORD JUST WALKED INTO MY TOWNHOUSE WITH OUT MY PERMISSION.

BUT...

He can get rid of them for having another tenant and not notifying him of it, although he agreed to that now, so no there are no legal matters there.

 

Hopefully they get the locks changed before the guy can come back and do any damage..

 

1. dont rent to losers

2. to kick someone out for breaking the lease/non-payment, you need to contact your local sheriffs office.

3. go to small claims court if you want to try to get your money back. in the meantime, start advertising the condo is for rent, but do not actually rent it until the lease officially expires.

 

Notice is written... unless he has that, and it was mentioned that he wanted to move early.

Best thing to do anyways is get a lawyer and work things out through there.

Best of Luck!

I am sure there is a way around it, maybe they dont even know you went in there.

 

u wont know that till they move in, in alotta cases .

 

Connie...sure you would be hella pissed if ur landlord walks in without your permission....

but your landlord would be hella pissed on YOU too if you mark your rent cheque as STOP payment and dont communicate with ur landlord in over three weeks...then start to move things out quietly...there is no record of the elevator being booked and one whole bed, TV and other stuff is gone...so that tells u something....

a notice of termination is being sent out today.....its the 11th today and its late...but i only found out about the cheque this morning.....

 

they didnt look like loosers...i mean..how can u tell....their credit checks were good....plus both their references came out good also....i didnt meet up with them at the time of the lease signing...my agent did though and told me they looked like young professionals...

the girl was an office assistant at an architect office and the guy runs an internet ad agency...

 

Salman, i'm a realtor, pm me and i'll help you out.

 

Good luck man! ... I was a Landlord once ... never again ... tenants can basically do whatever they want, and you get screwed ....

 

dude if nobody saw you enter the place, it never really happened

707

 

I talked to my uncle he was a real estate agent, and he said if they want to pursue you going into their apartment you can fight it, and you have grounds, he said it might be a long process but you can still do it!!!

Just curious what your grounds for eviction were?