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nicolern · Nov 5, 2008, 04:06 PM

In Canada, if a landowner is renting out an apartment illegally to a tenant, and the tenant is paying in cash, and then the tenant stops paying rent so the Landowner gives an eviction notice to the tenant requesting they leave in 30 days, but the tenant does not leave and still does not pay anymore rent then what can the landowner do? Since this is an illegal apartment can the landowner contact the police or file for an Unlawful Detainer?

rockinmommy · Nov 5, 2008, 04:26 PM

Well, I think it depends on what you mean by illegal.

Ultimately, I don't think the tenant could stay indefinitely just because the space is "illegal". The owner still has the right to regain possession of their property. There may be some other consequences that the owner would face... or maybe not. I think it varies greatly how closely issues are looked at.

nicolern · Nov 5, 2008, 04:37 PM

Illegal as in not being claimed on taxes, no documentation of the tenant ever being there. No forms were signed at all.

rockinmommy · Nov 5, 2008, 06:30 PM

I wouldn't consider that "illegal". Like I said, it varies by location how closely that kind of stuff is monitored.

As far as not being claimed on taxes... that's a completely separate issue. LL could get in trouble for not reporting rental income if they were ever audited (I'm going by the assumption that it "works" basically the same as it does in the US.) But I don't see where that would have ANY bearing on an eviction.

As for not having a lease... whatever laws govern the area where the property is located are what must be followed, as far as how much notice must be given, etc. As long as that's followed it shouldn't be a problem to get the tenant out.

Perhaps if you care to give us the rest of the details we could better advise you how to proceed... are you the landlord, trying to get rid of a non-payning tenant? Are you the tenant, trying to stay and/or get the LL in trouble? What's up?

nicolern · Nov 5, 2008, 06:43 PM

Its actually a family member.
There was a little apartment attatched to the house when he bought it.
Thought it would be a good idea to rent it out help him with the bills and what not had a lady move in single woman older. She was completely fine then she stopped paying he is the kind of guy who cares about everyone gave her a month to pay then after a month he came back and she still had nothing she kept saying next week. He got fed up gave her a notice, then its been 30 days since the notice, and she still won't move out. He put a lock on the door on the 30th day, but she came home from work and she needed to get her dog, she hadent even started to pack. She just won't leave, and he doesn't know what to do.

rockinmommy · Nov 5, 2008, 06:54 PM

I think he just needs to find out what court locally handles evictions and ask them for whatever paperwork he needs to fill out to get the eviction going. I don't see where there's any big risk of him getting in trouble or anything for renting the apt.

I would recommend not locking her out. The eviction seems like it's taking forever at the time, but in the long run it will pose the least potential problems to do it that way.

He should definitely talk to his tax advisor about how to report whatever rent he receives. Also he should screen future tenants, collect a deposit, and have a written lease. Last, he needs to check and see if he needs any kind of inspection/license/etc. to "legally" rent the apt. Where I can live there are no sort of restrictions. It's actually appalling what some people get away renting without anyone checking up on it. In other places it's very restricted.

Let us know what he finds out. I'm sorry I have no knowledge of Canadian law.