I have a shared space which my tenant has decided to use in full and not share. They are refusing to move their

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Customer: Hi, I have a shared space which my tenant has decided to use in full and not share. They are refusing to move their belongings. What are my options as a landlord?
JA: Some laws are different depending where you are, so could you clarify what province you're in?
Customer: Whitby, Ontario
JA: What steps have you taken so far?
Customer: I have emailed the tenant back last year in the summer. I have emailed them multiple times after that. And I have given them an N5 for this as well.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We have another tenant moving in who would need to use half the space.
Answered by Debra in 1 min 1 year ago
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Debra
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Debra
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Debra
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172434 Satisfied customers

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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 Debra
Customer
Additional information is that the shared space was not mentioned in the contract however it was mentioned in the listing.
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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.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

If you are sharing a space with them why do you have to email them?


Customer
It's a rental property. There were two tenants before. The basement tenant allow entitled to didn't use the shared space and now the main tenant has decided to assume the whole garage storage space. We have another tenant moving into the basement now and the upstairs tenant is refusing to move their stuff.
Customer
Although*
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Debra, Expert

So you don't live there?

Customer
No we don't live there. It's an investment property.
Customer
Wondering if we are allowed to just go move their stuff? What liability we would have if we do that.
Customer
Or what other option we have aside from filing an L2 form I think it is and waiting months for a court date.
Customer
We have many emails from the upstairs tenant requesting the garage space in full which we have denied as we want it to be a share space since basement tenants would need storage too.
Customer
there is acknowledgement that the space is shared.
Customer
How long does it typically take to receive an answer?
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Debra, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

You definitely need to get this person out and you are right that there is a terrible backlog but you certainly should apply for the eviction order at once.

I don't see how you can get in trouble entering the space that is not theirs and emptying it out. They are essentially trespassing.  That's not their rental unit. You couldn't do self-help and start taking their things out of their own rental unit but this is not in the rental unit. I can't see why you couldn't just remove them as long as you don't hurt them.

Does that help?

Customer
Should I notify them that this will happen and they are trespassing and that any damage or loss of their belongings is their responsibility in a written document?
Customer
videotape us moving the items?
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Debra, Expert

Yes those are both good ideas.

Customer
just to clarify even though it's a shared space - if we move their stuff to their allotted space we couldn't get in trouble somehow?
Customer
Also how do I rate this advice? I read somewhere that if I don't rate it you will not be paid and I don't want that to happen.
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Debra, Expert

I don't see how you can. They aren't allowed to use the whole space themselves. All you're doing is giving them what they are entitled to and nothing more.

When you feel we are done I could click complete and then you could rate me. Thanks for being so caring.

Customer
you have answered my question
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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.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra


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