Welcome!

By registering with us, you'll be able to discuss, share and private message with other members of our community.

SignUp Now!

Can tenant legally obstruct electrical work?

surfermoe

surfermoe

0
Registered
Joined
Feb 9, 2009
Messages
83
Hi folks - my wife and I just bought our first duplex. We only have one tenant (the second unit is currently empty), and we`re already having tenant headaches!

We have to upgrade the electrical in the property, which will mean some inconvenience for the existing tenant. She`s giving us a hard time, claiming that she needs one month`s rent as compensation for the inconvenience. She also says that she needs to know precisely what the electrician will be doing, and when he`ll be in her apartment.

We inherited this tenant (if you can call it that), and her rent is easily $300 below market. We offered her one month`s rent as compensation to leave, but she knows she has a good deal, and is staying put.

I called the Ontario Tenant Board to try to find out what our rights are regarding the electrical, but was on hold forever.

Does anyone know if the tenant has any right to obstruct electrical work?

Thanks for any insight,

Moe
 
In ontario you have a number of options. You are allowed to evict if a building permit is required and vacant possession is necessary. Notice required is 120 days. Tenant has right of first refusal when work completed. Tenant must inform landlord before leaving if they plan to return when work completed.
If you can get a permit requiring vacant possession you may get them out but you could end up getting them back under the same rent rate.

I think with the rent as low as it is you need to find a way to get ride of her permanently. Your best option may be to have a family member or relative move in. This is a legitimate reason to evict in Ontario.

As far as the tenant preventing your entry under the RTA they are not permitted to harass, obstruct, coerce,threaten or interfere with the landlord or agents.

You must give 24 hr notice stating reason for entry, day and time (between 8am and 8pm).

You do not have to meet her demands and now is the time to make it very clear that as the landlord you intend to follow all regulations but you are in charge not the tenant.

As a new landlord in Ontario you need to learn and understand these regulations (RTA) inside and out unfortunately to survive in this business.
Generally speaking it is not overly difficult to be a landlord in Ontario until you have a difficult tenant and then you will discover as a landlord you have very few rights.
 
And no, for repairs to the building you don`t have to compensate her. Having to let you come in a couple times isn`t `distress`, and she would have to show pain/suffering/loss of use.
 
Awesome advice. Thanks a lot, guys. The RTA will be my bed-side reading material tonight...

Moe
 
QUOTE (invst4profit @ Mar 25 2009, 01:33 PM) ...
You must give 24 hr notice stating reason for entry, day and time (between 8am and 8pm).

You do not have to meet her demands and now is the time to make it very clear that as the landlord you intend to follow all regulations but you are in charge not the tenant.

...
indeed !!

fair, firm, efficient .. i.e. tough love !
 
You must give 24 hr notice stating reason for entry, day and time (between 8am and 8pm).

You do not have to meet her demands and now is the time to make it very clear that as the landlord you intend to follow all regulations but you are in charge not the tenant.

Well said, invest4profit. I will give you an example of a situation we had. We tried to make an appointment for work to be done to unit that we didn`t have keys to. (old owner didn`t either) After the tenant missed the 1st appointment we told her we needed a copy of the keys. Tenant swore up and down that we don`t need keys etc,... and they wont let any-one in. We gave her 24 hours notice, showed up with power drill and cobolt bit and new locks.... and gave the tenant keys to her new lock :-) . And repaired what we came for the 1st time.

Once you give them 24 hour notice, if the electrician works and then has to come back the next day, if they tell the tenant they will be back tomorrow, no notice is needed.

John
 
QUOTE (invst4profit @ Mar 25 2009, 03:33 PM) ......I think with the rent as low as it is you need to find a way to get ride of her permanently. Your best option may be to have a family member or relative move in. This is a legitimate reason to evict in Ontario.
......
Is there a minimum time for the family member to live in? I couldn`t find any info about that.
 
There are no official times available anywhere. It is up to the LTB to make that decision in the event a X tenant should challenge the landlord.
I would think in most cases the tenant would challenge at time of eviction, less likely in the event that the relative moves out at some time in the future.
Personally I would expect a minimum of 6 months preferably 1 year.
Some I have heard have done it for shorter terms but are prepared with a reason (unforeseeable circumstances) for the early departure in the event they are challenged by the X tenant.
 
QUOTE (Ready4Rent @ Mar 25 2009, 03:40 PM) Well said, invest4profit. I will give you an example of a situation we had. We tried to make an appointment for work to be done to unit that we didn`t have keys to. (old owner didn`t either) After the tenant missed the 1st appointment we told her we needed a copy of the keys. Tenant swore up and down that we don`t need keys etc,... and they wont let any-one in. We gave her 24 hours notice, showed up with power drill and cobolt bit and new locks.... and gave the tenant keys to her new lock :-) . And repaired what we came for the 1st time.

That`s awesome!!!
 
You must log in or register to reply here.
Back
Top Bottom