Ontario Forms advice

[MikeMcC874]

I have a new building I just bought on the 22nd of Dec. The downstairs unit is a 2 bedroom and a father and son are both on the `lease` (the lack of real leases is another issue) and are the legit tenants.
I find out today there is a 3rd tenant in the unit. She is the sister-in-law of the father and has been there over a year. They apparently want her out too as she `came to visit` a year ago and has not left. She is appearently waiting for public housing.

What form do I fill out to have her leave? I am told I have a limited window to get her out and I don`t want to miss it.

Also, the son and father are both on disabilities and they seem to view the rent as x dollars each. I have made it clear the rent is x time 2 and I don`t care how they pay it but it is one lump sum. The son seems to really want his trustee to forward me the rent directly and his father pay me his half seperately but I have suggested it be paid by the trustee to his father and his father give me the lump sum. Thoughts?

Thanks
Mike

 

[invst4profit]

Eviction of a unauthorized occupant is to be done within 60 days of being aware of there presence. Try to do it in 30 days to be safe. Use a A2.OR:

Tell your tenants they will be required to sign a new one year lease at a much higher rent if she is staying. You may want to draw up a new lease even if she does move out, if they are agreeable, to include method of rent payment guidelines.
If they do not wish to sigh a new lease, including her, they have the option of moving out or they can evict her. Give them 30 days to get rid of her as it will take you at least that long to evict. This will still give you time to file if they do not follow through.

As far as rent payment is concerned it depends on how they have done it in the past but as a new LL you do have some say.
At this time you have "suggested" what you would like without results so I would strongly advise you try telling them what you expect. Suggestions rarely result in proper tenant behaviour. Tenants generally require clear guidelines and strict training to achieve acceptable results.

 

[MikeMcC874]

Thanks Greg. I appreciate the advice. I have a lot of learning to do yet.

 

[MikeMcC874]

As I mentioned, the unit has a father and a son. The sons trustee insists that he is not capable of handling his own money and that the cheque must go directly to me. The trustee also says she has nothing to do with the father. Am I making more of the fact I will be accepting the rents seperately than I need to be?

MIke

 

[invst4profit]

The fact is you are more likely to receive the rent from the trustee directly than through the father. You are probably wasting your time anyway trying to get the trustee to change as they likely don`t give a damn what you may want.
Can the father even be trusted to manage the money.
It`s really up to you but as long as I was getting paid it would not matter to me.

I would tell them you are willing to let the check issue slide but in return they must get rid of the third tenant if in fact you do not wish to keep her. Again in this situation my choice would probably to try and get the higher rent. Whether they want her there or not is there problem not yours.

 

[MikeMcC874]

My worry is not so much getting the money as it is dealing with `when` I don`t get the money. I don`t want to establish the precedent that I was renting to them separately. For example, the father doesn`t pay, am I going to have a problem evicting them both?

Mike

 

[markl]

Hi Mike,

We dealt with the same issue a while back in one of our rentals. When we went to tribunal we set forth a plan for the tenants once they defaulted on this they were gone. It didn`t matter that we were getting 50% from the government.

Regards,

 

[invst4profit]

The key is to not accept partial payments. If you believe the trustee checks are reliable insist the father pay in cash. Don`t cash the trustees check until after you have the fathers cash in hand.
This is not perfect but less risky than depending on two good checks.
In the event the father does not pay do not cash the trustees check, return it to the son, and serve them with a N4 eviction notice requesting the full rent owing. You should never accept partial payments and are not required to do so by the RTA.