Subletters Rights

[vicktown]

Hello All,



I am currently renting a unit in a duplex (I live in the other half). Recently I have rented the unit to two people. It was recommended to us that only one of the people be listed as the tenant, and the other person be listed as a an agreed subtenant.



After only 2 nights the the tenant and subtenant had a falling out and the tenant left, citing mental instability and dangerous problems associated with the subtenant (which seem to be true). I reached an agreement with the tenant to end the lease immediately.



The real problem is now trying to evict the agressive and confrontational subtenant to leave ASAP. The Subtenant is demanding 2 months. Is this standard or are their grounds for a faster eviction? As the lease has been cancelled, what tenant conditions hold for the subtenant? I will be seeking legal council at my nearest convenience but am curious to hear recommendations.



Regards.

 

[bizaro86]

Hello,



I'm not sure of the answer to your question, (I have a clause in my lease forbidding unapproved subletters), but I do know that it will depend on which province your property is in, as the residential tenancy rules vary substantially by province. If you mention where you are, I'm sure someone will be able to help.



Regards,



Michael

 

[vicktown]

Hey All,



I am in Ontario.

It seems to me that is it likely that the subletter has the same rights as the original tenant, even though their lease has been cancelled and the tenant has vacated. Thoughts?



Graham

 

[invst4profit]

The Ontario RTA is a potential mine field for landlords and in your case I definitely agree you need legal advice from a specialist in the RTA and LTB. A regular lawyer is of no use in this case. You should contact a paralegal that specializes in representing landlords.



It appears that in fact your present tenant was not a sublet but actually your tenant from the beginning, it's hard to tell without all the details.



If the tenant on the lease paid the full rent and actually rented out a room to the second tenant then that is a different story. Unfortunately because you released the "tenant" from the lease before resolving the second tenant issue you have compounded the problem. It all boils down to the details.



You have 60 days from when your tenant left to file a eviction under "unauthorised occupant" arguing that your tenant has left and the remaining individual is not your tenant. This is a difficult argument based on the fact that you accepted them as a sublease from the get go.



I believe you will discover that they were both tenants from the beginning and have no grounds to evict at this time.



(as far as the two months is concerned there is no standard amount of blackmail to pay tenants to quietly leave your property)



I suggest if you do not have a qualified paralegal you should contact "Landlordlegal.ca" in Barrie.