I'm currently in a room rental agreement that came with a lease and I'm being evicted for non payment of last mknths

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Customer: Hi there I'm currently in a room rental agreement that came with a lease and I'm being evicted for non payment of last mknths rent
JA: Hi. Because laws vary from place to place, can you tell me what state the property is in?
Customer: Sorry ontario canada
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No nothing like that but here in ontario it's illegal to ask for last months rent for a room rental
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I was late paying this month's rent bu 2 days and they evicted me for mon payment even though it was going yo be paid up on last tuesday
Answered by Debra in 8 mins 11 months ago
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Debra
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Debra
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10+ years of experience
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Debra
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163774 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Hi there, do I ask my question through here or on the site?
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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

Do you share a bathroom or kitchen with the landlord? What is your specific legal question

Customer
Ok my situation is this, I entered into a room rental agreement, signed a lease and I live in london ontario Canada by the way
Customer
Sorry, so I signed the lease, they wanted first and last months rent which is illegal here in Canada, and I did not pay that because I didn't have the money, and I was having issues with one of the roommates and was going yo be leaving because she was being so difficult.. me and the roommate in question had a blow up and then I decided after that that I was hoping to stay. After that incident it was not brought up again the issue of last months rent.
Customer
anyways that brings us up to today..mu bankcard was either lost or stolen and the bank put all my accounts on hold until they finished their investigation and I told my landlord that I would be unable to pay them until wednesday( yesterday).
They were completely unreasonable and evicted me, told me I had until the 31st to move. I pleaded and begged them not toi do tgis that I would have their money on Wednesday. They didn't want to hear anything I had to say they sent me the eviction. Now they have the audacity to text me asking for this month's rent! When I pleaded with them to not evict me that I fully intended to pay them the arrears if they could just be patient a wait a day or 2
Customer
My question is, am I covered under RTA 's rules and o want to make sure that they aren't allowed to request last months rent because I do indeed share a kitchen and bathroom with the landlords cousin who is the property manager of sorts. But they are trying to represent themselves as bring a proper realty holdings company complete with a professional looking lease and all. Am I right that they can't require last months rent? Did I enter into an illegal rental agreement?
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Debra, Expert

I am a retired lawyer in Toronto.

First and last month's rent is not illegal in Ontario. It is legal and it is standard. What is not legal in Ontario is a security deposit but it is legal in some other provinces.

But in any event the residential tenancy act does not apply to you so that even if it did forbid asking for first and last month's rent, and it most definitely does not, you would still have to pay it.

Do you see what I mean?

Customer
I was under the impression that because they are allowed to kick me out at a moments notice that they couldn't ask me for last months rent
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Debra, Expert

You are not correct. Because you're not under the residential tenancy that she can do whatever she wants in terms of making demands for payment ahead of

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer.   If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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