Tenant Guest Causing Damage

[Spenny]

Hi there, my mother is renting out her basement apartment to an older lady in Ontario. The older lady has a son who recently



1) Caused significant damage to the basement by punching holes in the wall, which haven't been repaired for a month.



2) Physically assaulted his girlfriend on this occasion who was also in the apartment that day.



He went to jail and will be getting out in one month without a place to stay. Is there any way that my mother can restrict him from coming back to the house? Is this fair grounds for eviction?



Any information would be very greatly appreciated, thanks

 

[3canctheayr]

Did your mother have the tenants son charged by the police for the damage? She should have. She should have also started the ball rolling on getting the tenant to get things repaired. At this point, if the tenant won't pay for the repairs, she's going to need to either start the eviction process, or small claims court, or both. If her tenant doesn't want to fix the damage her son made, she's going to need to leave.

In the mean time, your mom might be able to get a restraining order against the tenants son, but I'm not sure on how easy that will be if he didn't threaten your mom directly.

 

[Matt Crowley]

Tenants are typically responsible for the actions of their guests. Violence against the property and threat of violence against property are (typically) severe breaches with short eviction periods. I'm in Alberta and not familiar with the Ontario Residential Tenancy Act, but this is 24 hour eviction notice here.



It is usually not worthwhile to get involved in family matters. If her son has a key, then change the locks on the doors. The older lady can keep the doors locked and not answer the door if she sees her son at the entrance.

 

[REQRentals]

Hi,



Same in Ontario you can give tenant eviction notice demanding they pay for or repair damage caused by guests within seven days failing which can apply for eviction..



http://www.ltb.gov.on.ca/stdprodconsume/groups/csc/_ltb/_forms/documents/form/stel02_111568.pdf



If the damage is willful can give shorter notice without opportunity to pay or repair.



http://www.ltb.gov.on.ca/stdprodconsume/groups/csc/_ltb/_forms/documents/form/stel02_111570.pdf



Serious impairment of safety would also seem applicable for the assault.



Various links to Ontario eviction notices and instructions



http://www.ltb.gov.on.ca/en/Forms/STEL02_111310.html



Finally if the son is not on the lease as a tenant then he himself has no rights.



It is up to the mother whether to let him stay there and she is responsible for any of his conduct as a result.



Likewise are within your rights to say that you will evict her as a result of his prior conduct if she lets him back on the premises.

 

[KevinSolomon]

Posts like these and the dozens of others on this forum, make me question why anybody would want to play PM with their real estate investments. No thanks. I'll stick to cashing cheques. That's all I'm qualified to do anyway.



Good luck OP.

 

[3canctheayr]

For smaller operators, if they run things right, it doesn't take a whole lot of work or frustration to run their properties. Plus it saves you a bunch of cash and gives you a real good education on what works and what doesn't........



However, as things scale up, it's better to have a PM or two running things.

 

[Spenny]

Wow thank you so much everybody! You really helped in a timely manner. REQ many thanks for the links, and as you mentioned I think the best approach will be to give fair warning about starting an immediate eviction process if she lets her son back on the property.

Likewise are within your rights to say that you will evict her as a
result of his prior conduct if she lets him back on the premises. - See
more at:
http://myreinspace.com/public_forums/Real_Estate_Discussion/62-32381-Tenant_Guest_Causing_Damage.html#sthash.RNWvfWrL.dpu

Likewise are within your rights to say that you will evict her as a
result of his prior conduct if she lets him back on the premises. - See
more at:
http://myreinspace.com/public_forums/Real_Estate_Discussion/62-32381-Tenant_Guest_Causing_Damage.html#sthash.RNWvfWrL.dpuf



Likewise are within your rights to say that you will evict her as a
result of his prior conduct if she lets him back on the premises. - See
more at:
http://myreinspace.com/public_forums/Real_Estate_Discussion/62-32381-Tenant_Guest_Causing_Damage.html#sthash.RNWvfWrL.dp