How to evict a shared occupant?

[Lily Lee]

I am renting a single family home and I have a tenant who is renting a room. We share the living room and kitchen. The lease that the tenant and I signed ends on 31 July 2018.
I have received this info from OHCS Residential Tenancy Office:
It would appear that your question is outside the Residential Tenancy Branch’s jurisdiction.The Residential Tenancy Act does not apply to situations where the tenant shares a kitchen or bathroom with the owner of the property.You may want to consider seeking independent legal advice for additional information.
My question will be how do I go about to evict the tenant if it is outside the RT Act? I need input to process in legal way. Appreciate all your kind attention and input.

 

[Thomas Beyer]

Are you sub-leasing?

Did the landlord allow it?

What province?

Assuming yes to sub-leasing and Ontario, here’s the law: http://www.ontariotenants.ca/law/act06.phtml

Why don’t you send an eviction notice ?

 

[Lily Lee]

Hi, I am the one who signed lease with this tenant. The owner is not involved and does not know the tenant. I am in Vancouver B.C.
So, I can send an eviction notice? Like a 30 day notice?

 

[Martin1968]

This is odd. You are renting and then sublet without the landlords approval? What does your own contract say that you have with your landlord?
And for the rest, if your tenant signed a 1year lease in Alberta you can simply tell them you won’t renew lease and they will have to leave. No eviction notice required.
What exactly is going on that you are looking for advice?

 

[Thomas Beyer]

Hi, I am the one who signed lease with this tenant. The owner is not involved and does not know the tenant. I am in Vancouver B.C.
So, I can send an eviction notice? Like a 30 day notice?

What does your sub-lease say ? 6 month ? 1 year ? month-to-month ? IF say 1 year you can't evict with one month notice unless non-payment of rent, property damage or threat to safety.

One can always offer money to leave, of course.

So, Alberta ? As you mentioned OHCS.
YOU are in violation of your lease most likely, but then the owner may not care.

 

[Lily Lee]

The lease is for 6 months. I think I can refuse to renew his lease and he will have to leave. Is that right?
This is the first time I am having problem with my tenant. Previously tenants all left in good terms. He is threatening me that he is not leaving and there is nothing I can do to make him go. That is why I am checking around. In case this is true.
I suspect that he has got it all wrong.

 

[Thomas Beyer]

Yes remind him that the lease is for six month. Then it ends. Do that at least 2 month prior to the end of his term, in writing.

 

[Martin1968]

That’s where I would start to. Just give him a written notice that his lease won’t be renewed and he will have to vacate (by noon) on the 31 st of July. That’s all that you have to do. I would be prepared tho in case he is indeed is going to stay. If not vacated on July 31 he now needs to be evicted. What I would recommend you do is to already find a company that can help you with this. You should be able to find them online. Give them a call, ask what the procedure is like and the cost involved.
Also, make sure the tenant knows that you will hand it over externally if he hasn’t left and that he will be on the hook for all cost involved. It might scare him enough that he will leave anyway.
All in all not a pretty situation but it might not be to bad.

 

[Lily Lee]

Thank you all for your input. It has been very helpful. I will proceed and update the outcome. Hopefully it will be smooth and easy.

 

[Lily Lee]

I would like to update my issue in regards to evicting my tenant. After all the kind input from this forum, I decided to hire a professional to handle my case. I went online and found an eviction company. The guy obtained a lawyer's letter stating all the infractions committed (use of marijuana and alcohol in house) and hence the lease would not be renewed and the tenant had to leave at the end of the lease. The tenant did not even pay rent for his last month of stay since he said he was in a financial situation. Then we had an argument and he threatened us with a knife. The following day the eviction guy came to talk to the tenant. He was given 24 hours to vacate the room or he would be removed. That night at 10 pm the tenant moved out. That is the end of our episode with a tenant from hell!
I am just glad to get it over with even though I have to pay to remove the tenant. But it is worth every penny!

 

[Martin1968]

I’m happy for you it worked out without to much (financial) strain. You did the right thing by hiring a professional.
Any loss you had you will get over and lessons learned for next time! Move on and best of luck with any new tenants you may consider.

 

[Paresh]

Hi Lily, Can you please tell the Professional service co you hired and contract? Much appreciate it.
Thank you


Sent from my iPhone using myREINspace

 

[Lily Lee]

Sure. I called the Vancouver Eviction Services 604-868-0533, email [email protected]
Hope this will help anyone who is looking for effective solution.

 

[Lily Lee]

Thank you Martin1968 for your support. Yes, it is a learning process. I am looking forward to having wonderful new tenants.