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Q: What are my rights in giving a fellow tenant notice? ( Answered,   0 Comments )
Subject: What are my rights in giving a fellow tenant notice?
Category: Relationships and Society > Law
Asked by: neilaudiodotcom-ga
List Price: $5.00
Posted: 27 Jun 2006 12:15 PDT
Expires: 27 Jul 2006 12:15 PDT
Question ID: 741539
I currently hold the lease for a house i'm renting.  I have 3 fellow
roommates, equally splitting the rent with me.

2 Months ago,  we got a new roommate - and he has caused much tension
and problems around the house due to chronic messiness/lazyness to the
point where I talked to him on June 18, giving him notice to move out
by August 1st.

He is saying that I am being unreasonable,  and that I should give him
60 days.  However,  I feel that I'm being completely reasonable giving
him almost a month and 15 days notice because:

1) He has lived here for only 2 months
2) Did not sign any sort of lease/rental agreement

So my question is - as a renter here in toronto, ontario, canada - am
I being fair?  Does he have any ground to stand on legally?
Subject: Re: What are my rights in giving a fellow tenant notice?
Answered By: cynthia-ga on 27 Jun 2006 13:06 PDT
Your roommate is wrong. One month is all you are required to give.
However I have had tenants/roommates like this myself. You should get
ready to evict if necessary.

I found your answer here:

Are you a renter with roommates?

From on this questionairre, I answered the following as if I was your
messy roommate trying to find out my rights:

YES - Do you share kitchen or bathroom facilities?

NO - Do you have to share a kitchen or bathroom with the owner or
owner's immediate family? [*you* are a renter, not the dwelling owner]

YES - Is the person you rent from a tenant in your house or apartment?

YES - Do you share living space with the person you rent from?

Based on these answers, here is your legal position as read from your
roommates point of view:

..."Based on the answers you have given, you are probably a ...


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 Tenant Protection 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

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..."

Perhaps showing this link to your roommate will work. It's very
clear...  In any event, I hope it helps!


Search terms:
toronto ontario canada landlord tenant rights roommate
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