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    nomorenonesnse's Avatar
    nomorenonesnse Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 11, 2012, 07:30 PM
    Evicting a sublet
    But, what if your roommate is a subletter? Does the 30 day eviction notice from the lease holder fall under the Innkeeper Act? I'm the lease holder and he was some mad when he saw my formal 30 eviction notice. I let him know that he does pay his rent on time and that I will give him a good reference in that regard.

    He came yelling at me with profanities and accusations that I am jealous that he doesn't pay attention to me, pleaseee. So he threatened to be a squater. I stayed calm and let him talk and ended the fiasco with "lets just get along and have you pack and go" Then he mocked me as child would mock his mother. Hes 28!!

    My reason for asking him to leave is simple, we have a personality conflict and we are not a good fit for shared accommodations. He gets wasted and on one occasion he left the oven on all night. On another occasion he he left the garage door opened with the lights on all night, an invitation for any wrong doer. He laughed at me because I left a formal notice that I'm having a dump run and they need to move their vehicles to gain access and now he's playing his stereo loud to be rebellious.

    I am taking the high road and changing the locks when it is time for him to move. Do I hold the right to do that? Would I be breaking the law? Do I fear him? I would have to say yes, he is aggressive and abusive with words. He hasn't striked me and I don't know if he will.

    After this? No more roommates,, stay away from kijiji

    Please advise
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jul 12, 2012, 03:34 AM
    First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

    A roommate who is not signed on the lease is a subletter and it matters not. The leaseholder is the landlord and the subletter the tenant. All landlord/tenant laws apply.

    You CANNOT change the locks until AFTER he has moved. Otherwise he can sue for an illegal eviction, which it sounds like he would do.If he does not vacate after the 30 days have expired, then you have to go to court for an eviction order. Once that is given you hire a sheriff to physically remove him and THEN change the locks.

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