I have a detached garage on my property, which I converted to a small studio (286 sq ft) for my grandson to live. Our

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Customer: I have a detached garage on my property, which I converted to a small studio (286 sq ft) for my grandson to live. Our agreement was $600 per month and help us around the property. Then the girlfriend moved in and then the dog. And very little help for us. After 5 months we had a discussion and he apologized for not helping and said he forgets. Two months later we had another discussion and I changed his rent to $1200 a month and I would pay him for any chores he did for us. He has refused to pay any more than $600 and he does nothing around the property and I have been trying to get him out. What can I do ?
JA: What state are you in? It matters because laws vary by location.
Customer: Ontario Canada
JA: What steps have you taken so far?
Customer: I handed him an N7, but it did not go to the Landlord Tenant Tribunal.... we are afraid in our own home :(
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 received rude threatening texts from the girlfriends mother, so I have tried to ban her from our property, to no avail.
Answered by Joey in 2 mins 1 year ago
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

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Joey, Expert

Good morning – sorry to hear about the situation. Does he have his own kitchen and washroom?

Customer
Hi
Customer
Hydro and water is from my house and sewer
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Joey, Expert

To evict someone in Ontario, you would need a legal reason to do so such as non-payment of rent, destruction of property, criminal activity, harassment or the owner wants to move back into the unit.

Customer
What if I do not accept his rent ?
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Joey, Expert

Rents are frozen in 2021 meaning your rent increase is likely illegal.

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Joey, Expert

Then he can keep the rent until you do accept it.

Customer
What is harrassment ? We do not want to return to our own home .... my husband is sick and the stress of him living there could kill him ..... we are in our 60's ....
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Joey, Expert

Harassment usually entails that the tenant is making threats towards the landlord, stalking them, calling them at all hours of the day and night, and substantially interfering in their lives.

Customer
We have owned the property for 17years
Customer
The stress of the situation has caused friction between gram and papa ...... if papa moves into the studio what is the process ?
Customer
Or do we have to sell our home to get rid of him ?
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Joey, Expert

Generally speaking, if a landlord wants to move into the unit they need to use the N12 form for the eviction. The N12 must give the tenant a minimum of 60 day notice and 1 months of rent in compensation. This form must be given in order to start the legal process to end the tenancy.

If the tenant refuses to leave after being served with the N12 notice, then the landlord would need to apply for an eviction order. A hearing would be held to determine whether the N12 is valid; if so, an eviction order would be granted.

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Joey, Expert

If you sold the home, he would remain there unless the new owner served him with the N12 to be removed.

Customer
Wow ....... do I do this thru Landlord/Tenant or do I hire a lawyer ? Or do I just fill in the N12 .... I already served him with an N7
Customer
Do I have the right to refuse people on my property ? No rental agreement, no first & last, no damage deposit ....... just an arrangement between Gram and Grandson :(
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Joey, Expert

He has a right to have guests in his unit. If you stop him, he could bring a claim against you for harassment and interference.

You can file the application yourself or retain a paralegal. Here is a link for the forms to bring an application at the landlord tenant board: https://tribunalsontario.ca/ltb/forms/  If you have questions about the forms, you can call the landlord tenant board at 1-***-***-****

Customer
The garage is 100 feet away from my home
Customer
What happens if he charges his grandmother with harassment and interference on her property ?
Customer
Do I go to jail ?
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Joey, Expert

Only the police lay charges.

Customer
A fine or jail time ?
Customer
Can I shut off water and hydro in my home ?
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Joey, Expert

Criminal harassment would entail some pretty serious misconduct. Likely an order to stay away from the other person and probation.

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Joey, Expert

If you turn off utilities, the tenant can bring a claim against the landlord for interference.

Customer
On my own property ...... he only pays for the garage ,,,,, certainly not any land ......
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Joey, Expert

You cannot interfere with the tenant's utilities.

Customer
How does he bring a claim against me for interference ?
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Joey, Expert

At the landlord tenant board.

Customer
Does this take hours, days, weeks or months ?
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Joey, Expert

Months.

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Joey, Expert

Takes several months to get a hearing date. The decision could be reached the day of the hearing or shortly thereafter.

Customer
if I shut his water and hydro off, he will have to relocate, because it would take him months to get a hearing date ?
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Joey, Expert

Likely. He could claim all those additional expenses against you. So if it costs him $5000 to get alternative accommodations and move his belongings for a few months, you might have to pay him for that + a fine up to $10,000 for this misconduct.

Customer
Oh dear :( it is my well, my water, I pay for the hydro and I don't want him on my property ..... How sad is that ????
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Joey, Expert

Sorry to hear. Perhaps try with a N12.

Customer
He has alot of guns and ammo in the garage/studio that are stored improperly ..... he is a hunter ..... can I do anything about that ?
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Joey, Expert

If there is improper storage, you can contact the police.

Customer
Would that be a wise thing to do ? He also put a lock on the door and will not give me a key ..... I have asked
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Joey, Expert

That's a personal decision whether you want to escalate this to involve the police.

Customer
How do I get a key to a building that I own ? He also put up a camera to watch me
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Joey, Expert

You have a right to conduct period inspections of the premises with 24 hours written notice. If he doesn't give you a key, then call a locksmith and have it changed.

Customer
I keep paying to have the lawn cut (3 acres) and raked and other chores and these kids pay $300 each a month for rent and sit and watch others do our chores ...... where is the justice ????
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Joey, Expert

Sorry to hear about your situation.

Customer
what is considered period inspections ?
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Joey, Expert

I meant to state "periodic inspections". Once every 6 months or so.

Customer
Joey ....... thank you for your time ....... it appears our only solution is the N12
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Joey, Expert

My pleasure. Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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