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-- question for you guys ....

Posted by Halycon on Jun-13-2008 03:01:

question for you guys ....

who have ever had to kick a roommate out... what time limit did you give them to find a new place?

we asked a room mate to vacate ealy-mid may and gave him till canada day to find a new place and get out... and he finds this and unfair about of time ( mainly because he's lazy).

Posted by Vivid Boy on Jun-13-2008 03:11:

maybe he didnt understand you clearly

Posted by Halycon on Jun-13-2008 03:21:

no we told him "you have till july 1st to be moved out"....
it doesn't get much clearer than that.

Posted by Chris Allen on Jun-13-2008 03:23:

I gave my old roommate 2 months and helped her find a new place.

Posted by Mach X on Jun-13-2008 03:40:

What he do?

Posted by Leon on Jun-13-2008 03:42:

similar situation, gave them 2 weeks.. they didn't start looking until the last day or two. I think the only way is to force them out by helping them find a place or else they'll be there till whatever deadline you give em!

Posted by Cosmic Fur on Jun-13-2008 09:27:

60 days

Posted by rabbitjoker on Jun-13-2008 14:25:

It depends:

If no rent is in arrears - 1 full calendar month (i.e. if agreement made on 20th of month, I would give until the end of the following month - 50 days total).

If rent is in arrears - 1 week to move out. If payment is made, then until rent payment is used up to a maximum of 1 full calendar month.

-----------

Finding a place to live is not impossible. There are 100s of apartments and rentals available in this city.

Posted by TO guy on Jun-13-2008 14:28:

What's the relationship between you two?

Are you his landlord, or do you share a kitchen etc.?

If you're a landlord their are rules and guidelines to follow. If you're not, do you want to save the friendship?

Posted by exstasie on Jun-13-2008 14:37:

quote:
Originally posted by TO guy
What's the relationship between you two?

Are you his landlord, or do you share a kitchen etc.?

If you're a landlord their are rules and guidelines to follow. If you're not, do you want to save the friendship?

yeha, if your the landlord, there should be something in the contract that would stipulate the amount of time that an individual has to find a place.

I would say that 1 full month is definitely plenty of time.

Posted by Stilez on Jun-13-2008 14:42:

quote:
Originally posted by TO guy
What's the relationship between you two?

Are you his landlord, or do you share a kitchen etc.?

If you're a landlord their are rules and guidelines to follow. If you're not, do you want to save the friendship?

I think he said Roommate not tenant. If the former, then I assume he's not the landlord. If the latter, well then ya...he'd have some legalities he'd have to follow.

Posted by Dr. DAS on Jun-13-2008 15:04:

Posted by Abercrombie on Jun-13-2008 15:17:

I agree, help him out. Gather the classifieds, and even call them if you have to.

If he's really an ass, you can always boobytrap him until he leaves. Classic butter floor might do it.

Posted by StereoPrincess on Jun-13-2008 16:52:

you gave him plenty of time.

mid-May to end of June.

find a new roomate and move his stuff out on the street on the moving day.

Posted by exstasie on Jun-13-2008 17:00:

another thing...

Who's name is on the contract?

I'm going to assume you, and you're letting your friend live with you and now your telling him to move out?

Technically you don't need to give any time, but I think 1.5 months is definitely enough notice.

Posted by Jayx1 on Jun-13-2008 18:39:

Re: question for you guys ....

quote:
Originally posted by Halycon
who have ever had to kick a roommate out... what time limit did you give them to find a new place?

we asked a room mate to vacate ealy-mid may and gave him till canada day to find a new place and get out... and he finds this and unfair about of time ( mainly because he's lazy).

60 days notice is the law

Posted by Jayx1 on Jun-13-2008 18:43:

quote:
Originally posted by exstasie
another thing...

Who's name is on the contract?

I'm going to assume you, and you're letting your friend live with you and now your telling him to move out?

Technically you don't need to give any time, but I think 1.5 months is definitely enough notice.

If he is receiving money for the rent he is effectively subleasing even with no contract. If no money changes hands then its different. If he is part of the contract then he cannot evict him until the contract is done unless he is the landlord which then he is required to give 60 days notice amongst a host of other conditions. Even then he can say no and force it to a tribunal which will take months more. Either way you slice it he is still required to give 60 days notice in writing as far as im aware.

Posted by Aleksandra on Jun-13-2008 18:52:

most places are available on the first of the month so that would be fine imo.

Posted by chinamon on Jun-13-2008 19:30:

just put all their belongings on the street while they are at work. problem solved.

Posted by DigiNut on Jun-13-2008 19:55:

quote:
Originally posted by rabbitjoker
It depends:

If no rent is in arrears - 1 full calendar month (i.e. if agreement made on 20th of month, I would give until the end of the following month - 50 days total).

If rent is in arrears - 1 week to move out. If payment is made, then until rent payment is used up to a maximum of 1 full calendar month.

I agree about the rent factor, although I would have said 2 weeks in case of arrears - not necessarily because it takes that long to find another place, but because if you've got a lot of crap, the moving companies sometimes can't accommodate you within the week.

Of course, I'd expect to see within 1 week that said roommate has found a new place and booked the movers.

A full month and a half (mid-May to July 1st) is extremely generous no matter what the situation is.

quote:
Originally posted by Jayx1
If he is receiving money for the rent he is effectively subleasing even with no contract.

Incorrect. First of all, the TPA/RTA doesn't apply to subleases in the same way it applies to actual leases, and second, an information rent-sharing arrangement with no written contract is not a sublease.

However, you are correct that if this roommate's name is actually on the signed lease, then he technically has the right to stay until the lease is up. Very few people would be enough of an asshole to actually make a tribunal case out of that, though.

Posted by Jayx1 on Jun-13-2008 20:58:

Interesting... i read before that if you can prove that money changed hands for rent then you are under the same authority within the bounds of the tenant protection act. But in the case of a sublease this may differ..not quite sure there.

Either way to be safe id say 60 days is sufficient.

If this room mate is that much of a problem and wont move out why isnt the complainant moving out? Obviously something has got to give in this situation

Posted by Halycon on Jun-15-2008 17:47:

thx for all the advice guys

my name is on the lease, he is up todate with rent ( for once) we do have replacememt room mate.

Posted by DigiNut on Jun-15-2008 18:37:

quote:
Originally posted by Jayx1
Either way to be safe id say 60 days is sufficient.

If you consider it a sublease, then the notice period for termination due to reasonable enjoyment in a small building (3 units or less, and obviously a sublease in a single unit counts as small) is 10 days.

So definitely don't worry about the law!