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Eviction: Landlord vs tenant

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InvestJ | 23 Jun 2015, 10:06 AM Agree 0
A recent investigation showed that a woman living in a MetCap property was forced to pay two months rent after she was evicted. Some are divided about it, whether it's legal or not. What do you guys think? Fair or foul?
  • Jon | 08 Jul 2015, 12:37 PM Agree 1
    I have read that ontario small claims court HAS allowed a landlord to collect two months rent even if the tenant was evicted for non payment.

    However the LL has to be able to show they were unable to rerent in a timely manner . There must be a real $ loss to to LL.

    Ontarios rental law is unfair . It basically allows tenants to break thier lease by not paying thier rent, waiting for the LL to serve a eviction notice and then simply move out by the eviction date. A lucky LL may find a supportive judge at small claims who will support the Lnadlords bid for two months rent, but the actual process oc finding then tenant after they have moved out (they dont have to give a forwarding address), winning a court judgement and then actually collecting any money is slim.

    Funny the realestate agents and advocates seldom tell investors just how easy it is for ontario tenants to break thier leases.
  • Betty McWilli | 04 Sep 2015, 07:56 AM Agree 1
    True, unfortunately the laws are such to protect the tenant and not the landlord putting his name on the dotted line for a major financial undertaking. Somehow, the tenants think the property came to the landlord for free or something. Many tenants are very uneducated in what it takes to commit to operating a good investment property. Or they simply do not care. The Canadian lawmakers need to give people willing to invest in affordable housing more tax incentives and less grief when it comes to removing a tenant from a property they are abusing in any way, shape for form. It is way past due that the laws are transformed to stop enabling people that are not law abiding people with a void when it come to integrity.
  • Betty McWilli | 04 Sep 2015, 07:58 AM Agree 1
    This is a no brainer. Of course it is fair.
  • gracebrown | 20 Nov 2015, 05:56 AM Agree 1
    I haven't heard about the news, but it is situation like these that give us an idea of why it is necessary to hire a property manager. The tenant landlord relation ship is a really critical one and a property manager has the knowledge to maintain the balance between them.
  • larry.russiya | 08 Jan 2016, 10:53 PM Agree 1
    Of course it is fair . Actually its not easy to be tenant landlord, have to play different roles. Landlord must know how to handle those peoples are not wiling to apply laws .
    • Helen Knox | 12 Jul 2016, 09:56 PM Agree 1
      Having trouble evicting a bad tenant? Tired of no or partial rent? Complaints from neighbours? Is the tenant intimidating or abusive? Or worse yet - sweet and loveable? We will work on your behalf to give you the upper hand through legal recourse. Call 780-974-8427 for further information. Visit
  • eacomposer | 15 Jan 2017, 10:04 AM Agree 0
    It is legal to take rent an advance as security but landlord have to return back all security taken in advance when tenant leaves the room.
  • Abe-Montreal | 06 Feb 2017, 11:04 AM Agree 0
    A residential lease is a contract like any other and the tenant is responsable for the whole term. Should he be evicted for non-payment during the term of the contract, he is responsable for the rent till the apartment is rented. This is the law in Quebec. Following up after a tenant leaves is time consuming and costly. The people that don't pay their rent don't usually have full time steady jobs and are hard to keep track of.
    In Quebec we are not allowed to take security deposits or rent in advance except for the first month. I am a landlord and I do ask for 2 or more at the beginning of the lease when they are newly arrived in the country and don't have jobs yet or local references. I don't usually have problems with thèse type of tenants.
  • lincolnboland | 27 Apr 2017, 03:31 AM Agree 0
    There is particular notice for periodic tenancy:

    1) A landlord has to give 90 days written notice in advance.
    2) A landlord has to give 42 days written notice if the landlord had sold the property and the buyer demand for the empty house.
    3) And the 21 days written notice period in advance if the premises are needed for an employee.
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