balsamfir
Nov 23, 2007, 09:58 AM
Hello,
I am the head tenant renting a house from the landlord in Ontario. I currently rent out two bedrooms in the home to other university students, and we share the living space. They pay rent to me, and I pay all the bills.
One roommate moved in 1.5 years ago and indicated she will stay until the spring of 2008. In September our third roommate graduated and moved out (we had agreed on her rental stay).
I posted an add for a new roommate for Sept-April or longer. The rent was $450-475 inclusive ($475 to cover extra hydro and utilities in the winter months).
A girl replied via email and sent references. Conversations were exchanged about rent, location, and the house. We accepted her, and I assumed she would be staying for the duration of the school year as she did not indicate otherwise. She moved in on Sept 8th and paid her first and last month rent, and would pay each subsequent month.
I am currently away on work-study so am have not been living in the house from Oct-Dec 25th, but everything in the house is mine, including her bedroom furnishings.
However on Nov. 18th she notified me via email that she would be moving out on Dec 31 because of personal reasons (she told the other roommate she thought it was too expensive).
I replied to her email, and indicated that she had to give me 60days notice, and therefor was responsible for the rent until Jan 31 (the end of her rental cycle). If however we found a new roommate, I would not hold her accountable for this rent.
I further offered to only charge her for part of Jan $285. Therefore she could pay $475+285 = 760, but, apply her deposit of $450 and thus pay the balance of $310. If a replacement was found, I would repay the $285 for Jan. rent.
She replied with an email stating that she is not a tenant, and therefore does not owe me 60days notice and will not pay the balance and will move out Dec 31.
I have found little information on this, situation as I am not sure if we fall under a 'landlord tenant' agreement or a 'licensor-licensee' relationship agreement.
All websites dealing with landlord/tenant relationships indicate that a month to month rental requires 60days notice.
Here is an excerpt from Residential Tenancies Act:
"Period of notice, monthly tenancy
(2) A notice under section 47, 58 or 144 to terminate a monthly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period.
Information on student life websited indicate similar circumstances, where a weekly renter would be required to give 28 days notice, while a monthly renter is required to give 60days notice (http://www.studentlife.uoguelph.ca/neighbourhood/documents/10-TenantInformation.pdf)
Another website states that:
Legally, If you are renting from month to month or week to week, and do not have a lease and want to move out, you must give two full month’s notice (no later than the last day before your rent is due). This must be delivered in writing on a Form N9 (from the Ontario Rental Housing Tribunal). To contact the Tribunal, call 1-888-332-3234 or visit their web site (www.orht.gov.on.ca).
FROM : Canadian Federation of Students (http://www.cfsontario.ca/english/general.php?id=11)
However, according to the cleo (http://www.cleo.ca) site, we are in a licensor-liscensee relationship (she pays rent to me, we share common space, but I pay rent to the owner and am on the lease). THEREFORE The law of landlord and tenant does not apply. Neither do the Commercial Tenancies Act nor the Residential Tenancies Act applies to us.
There seems to be very little information about the obligations and responsibilities of in a licensor-licensee relationship... thus I can not confirm what her obligations are to me, and what mine are to her. I called the Ontario Housing Tribunal and they said it falls under roommates, and they are not under these acts, and I needed to ask a lawyer.
The website does indicate that as a liscensee she has limited legal rights:
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).
All considered my questions are as follows:
1. Is she a tenant or not?
2. Is she required to give me 60days notice?
3. Can I withhold the deposit and ask her to pay Dec rent, and pay her deposit back in Jan if someone moves in, or
4. Would I have to apply the rent/deposit to December?
5. Lastly, she indicated that she wanted to have a guest visit for a few weeks in December. If she is indeed a 'non tenant' as she claims to be, can I insist that this visitor pay a contribution to the rent, as he would be considered a lodger or weekly renter? (e.g $15/day)
Please consider that I may now be accountable for the remainder of the years rent that she committed to be responsible for when she moved in, for as the main tenant on the lease I can not pass the 'empty room' expense on to my other roommmate.
Thank you.
I am the head tenant renting a house from the landlord in Ontario. I currently rent out two bedrooms in the home to other university students, and we share the living space. They pay rent to me, and I pay all the bills.
One roommate moved in 1.5 years ago and indicated she will stay until the spring of 2008. In September our third roommate graduated and moved out (we had agreed on her rental stay).
I posted an add for a new roommate for Sept-April or longer. The rent was $450-475 inclusive ($475 to cover extra hydro and utilities in the winter months).
A girl replied via email and sent references. Conversations were exchanged about rent, location, and the house. We accepted her, and I assumed she would be staying for the duration of the school year as she did not indicate otherwise. She moved in on Sept 8th and paid her first and last month rent, and would pay each subsequent month.
I am currently away on work-study so am have not been living in the house from Oct-Dec 25th, but everything in the house is mine, including her bedroom furnishings.
However on Nov. 18th she notified me via email that she would be moving out on Dec 31 because of personal reasons (she told the other roommate she thought it was too expensive).
I replied to her email, and indicated that she had to give me 60days notice, and therefor was responsible for the rent until Jan 31 (the end of her rental cycle). If however we found a new roommate, I would not hold her accountable for this rent.
I further offered to only charge her for part of Jan $285. Therefore she could pay $475+285 = 760, but, apply her deposit of $450 and thus pay the balance of $310. If a replacement was found, I would repay the $285 for Jan. rent.
She replied with an email stating that she is not a tenant, and therefore does not owe me 60days notice and will not pay the balance and will move out Dec 31.
I have found little information on this, situation as I am not sure if we fall under a 'landlord tenant' agreement or a 'licensor-licensee' relationship agreement.
All websites dealing with landlord/tenant relationships indicate that a month to month rental requires 60days notice.
Here is an excerpt from Residential Tenancies Act:
"Period of notice, monthly tenancy
(2) A notice under section 47, 58 or 144 to terminate a monthly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period.
Information on student life websited indicate similar circumstances, where a weekly renter would be required to give 28 days notice, while a monthly renter is required to give 60days notice (http://www.studentlife.uoguelph.ca/neighbourhood/documents/10-TenantInformation.pdf)
Another website states that:
Legally, If you are renting from month to month or week to week, and do not have a lease and want to move out, you must give two full month’s notice (no later than the last day before your rent is due). This must be delivered in writing on a Form N9 (from the Ontario Rental Housing Tribunal). To contact the Tribunal, call 1-888-332-3234 or visit their web site (www.orht.gov.on.ca).
FROM : Canadian Federation of Students (http://www.cfsontario.ca/english/general.php?id=11)
However, according to the cleo (http://www.cleo.ca) site, we are in a licensor-liscensee relationship (she pays rent to me, we share common space, but I pay rent to the owner and am on the lease). THEREFORE The law of landlord and tenant does not apply. Neither do the Commercial Tenancies Act nor the Residential Tenancies Act applies to us.
There seems to be very little information about the obligations and responsibilities of in a licensor-licensee relationship... thus I can not confirm what her obligations are to me, and what mine are to her. I called the Ontario Housing Tribunal and they said it falls under roommates, and they are not under these acts, and I needed to ask a lawyer.
The website does indicate that as a liscensee she has limited legal rights:
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).
All considered my questions are as follows:
1. Is she a tenant or not?
2. Is she required to give me 60days notice?
3. Can I withhold the deposit and ask her to pay Dec rent, and pay her deposit back in Jan if someone moves in, or
4. Would I have to apply the rent/deposit to December?
5. Lastly, she indicated that she wanted to have a guest visit for a few weeks in December. If she is indeed a 'non tenant' as she claims to be, can I insist that this visitor pay a contribution to the rent, as he would be considered a lodger or weekly renter? (e.g $15/day)
Please consider that I may now be accountable for the remainder of the years rent that she committed to be responsible for when she moved in, for as the main tenant on the lease I can not pass the 'empty room' expense on to my other roommmate.
Thank you.