My tenant does nt pay rent. So my children wants to move in. 1 yr lease and. They r only here for 1 1/2 months,

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Customer: My tenant does nt pay rent. So my children wants to move in. 1 yr lease and . They r only here for 1 1/2 months
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: orangeville ontario
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: they smoke and spit phlegm on the stairs
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: none
Answered by ALLawyer in 43 mins 1 year ago
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ALLawyer
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ALLawyer
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Jessica

Jessica

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ALLawyer, Expert

Hi, my name is***** am a lawyer in Ontario and will be assisting you with your question today. Please be advised that I am answering from my cellphone, and if I do not respond immediately, I kindly ask for your patience.

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ALLawyer, Expert

Before we begin, please note that this discussion is for providing general information only. It is not detailed or necessarily specific legal advice, and is only for the purpose of helping you understand the nature of your situation from a legal standpoint and to discuss options. You should engage a lawyer/paralegal in your local jurisdiction if you wish to take any legal action going forward.

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ALLawyer, Expert

IMPORTANT: Please also be advised that I am currently at work, and as such I may not respond immediately. Your understanding is appreciated.

Customer
Hi
Customer
My tenant is not paying his rent. wd have 1 year contract. How can I evict them
Customer
There are 10 months remaining in the contract
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ALLawyer, Expert

I'm sorry to hear about the issue.  If your tenant is not paying rent, you need to first serve them with an N4 Notice for not paying rent.  If they pay the rent, then the Notice is void.  If they do not make any payment of rent, you will have to make an L1 application to the LTB.

More information can be found here: https://tribunalsontario.ca/documents/ltb/Brochures/If%20a%20Tenant%20Does%20Not%20Pay%20Rent%20(EN).html#:~:text=If%20the%20tenant%20does%20not,rent%20that%20the%20tenant%20owes.&text=OR-,You%20can%20apply%20to%20the%20LTB%20for%20an%20order%20to,order%20to%20evict%20the%20tenant.

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ALLawyer, Expert

Unfortunately your idea of your children moving in will not serve to evict the current tenant, since the move in date must be at least on the last day of the fixed tenancy, unless tenant and landlord agree.

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ALLawyer, Expert

That is the only legal way to evict your tenant (obtaining an Order from the LTB through the L1 Application).  After you obtain the Order, if the tenant does not move out on the termination date set by the LTB, you would need to contact the Sheriff to have the tenant removed.  You cannot remove them yourselves.

Customer
I just gave them the N4 saying they have to pay tomorrow or leave on May 15, 2021. What next should I do.
Customer
How about if they lie that I gave them N4
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ALLawyer, Expert

Your termination date must be at least 14 days after you give the notice to the tenant, meaning if you gave it to them today, the termination date must be at least May 18, 2021.

Secondly, you cannot demand they pay tomorrow, this is illegal.  They have 14 days to pay (i.e. by the termination date)

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ALLawyer, Expert

If they are persistently late with rent, you can serve them an N8

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ALLawyer, Expert

https://tribunalsontario.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N8.pdf

Customer
They told me to pay tomorrow
Customer
can I replace the N4
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ALLawyer, Expert

"They told me to pay tomorrow" --> ?? are you the landlord or the tenant?

Customer
landlord
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ALLawyer, Expert

so THEY told you they would pay tomorrow, YOU didn't ASK them to pay tomorrow

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ALLawyer, Expert

correct?

Customer
i put date tomorrow to pay coz they told me earlier they pay me tomorrow. they said that everyday
Customer
can i replace the N4
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ALLawyer, Expert

well, you should replace the N4 with a CORRECT version.  You need to read the requirements for an N4 which can be found here:

https://tribunalsontario.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N4%20instructions_final_Nov30_2015.pdf

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ALLawyer, Expert

With respect to the N8, you can read more about it here:

https://tribunalsontario.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N8%20instructions_updated_may11_2017.pdf

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ALLawyer, Expert

advise them that you served them with wrong N4, and serve them with proper one.  You should not serve an N4, then an N8

Customer
You mean I just change the date on N4
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ALLawyer, Expert

yes, inform them that you completed the form wrong, and give them a proper one

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ALLawyer, Expert

Remember, you need to give them 14 days notice.  So if you give them today, the termination date must be May 18, 2021

Customer
ok thank you
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ALLawyer, Expert

You're very welcome.  This question will now be marked as complete.

Thank you for using JustAnswer, I hope that I was able to assist you today.  Have a great day!

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