Check out some similar questions!

k9lover · Nov 3, 2011, 06:07 AM

My roommate who is leaving in a week or so refuses to pay rent she owes for the remaining time here. I can't rent out the room while she is still in it obviously and we're well into the beginning of a new month. I want full rent for the month and we are in Ontario. The agreements are verbal (which I won't do again). Can I take her to small claims court? Park her stuff on the curb to liberate the room? Research I've done seems to indicate that she is not a formal tenant but a roommate and the laws might be different... There's a possibility I can get someone in there this weekend...

ballengerb1 · Nov 3, 2011, 06:14 AM

What name is on the lease? No, you can't put anything at the curb. " she owes for the remaining time here" how much longer were you thinking she should pay?

k9lover · Nov 3, 2011, 06:56 AM

There is no lease - it's a verbal agreement. Since it's too late to get someone now for this month, I want all of November's rent. I'm getting the feeling I don't have a leg to stand on... She gave me 1 days notice that she is leaving (Oct 31st) in November. A landlord could get screwed again and again if a lot of people pulled this stunt...

ballengerb1 · Nov 3, 2011, 07:45 AM

No, I was thinking you have a lease with a landlord or are you an owner of this home? A verbal is a lease, just without most of the rules. As a verbal your roommate is a month to month tenant and must give a months notice she is vacating, at lease in most places. Where is the home located?

k9lover · Nov 3, 2011, 08:04 AM

I'm the owner of the house and she gave me 1 day's notice. We're in Ontario, Canada. I talked to a landlord help line and it seems I can determine an exit date for her (as short as a day or so - I'm thinking 72 hours - this weekend) and be within my rights. It will cost her far more to hire movers and arrange for storage, than it would cost to pay me the rent owed and have the month to sort out her affairs. She's moving in with her boyfriend so the other end of her situation is settled. It's just this end that is not OK for either of us. I can actually get someone in here starting next week for the rest of the month and that is an attractive option. BTW, she's actually 58 years old and thinks she owns the joint!

ballengerb1 · Nov 3, 2011, 08:09 AM

If you have a new roommate in the wings I'd let this go. You'd have to sue her in court if she isn't willing to pay you Nov. rent. You can't force her out, you have to give her the same 30 days notice she was supposed to give you. Even if you did sue her you only get rent for the time the room was vacant. The moment you move a new person into the room the old roommate is off the hook.

AK lawyer · Nov 3, 2011, 09:29 AM

Originally Posted by ballengerb1

If you have a new roommate in the wings I'd let this go. ... The moment you move a new person into the room the old roommate is off the hook.

If OP has to pro-rate November's rent payable by the new tenant, the thing to do would be (after the new tenant is in place), to sue the old tenant in small claims court for that portion of November not paid by the new tenant.

ballengerb1 · Nov 3, 2011, 10:05 AM

I guess I worded that poorly, I meant the old tenant was off the hook for the remainder on the month since the new tenant would be paying the rest of the month. Hardly worth going to court over a small portion of a single rooms rent. What are we talking, maybe $50?