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Abercrombie
myspace.com/ashesband



Registered: Sep 2005
Location: Aurora Borealis

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.


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Old Post Jun-13-2008 15:17  Canada
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StereoPrincess
sassy one-piece



Registered: May 2001
Location: SPFRI

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.

Old Post Jun-13-2008 16:52  Poland
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exstasie
Hack Attack



Registered: Jun 2006
Location: Toronto/Sauga, Canada

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.


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Old Post Jun-13-2008 17:00  Canada
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Jayx1
Prime Minister of TOTA



Registered: Feb 2003
Location: The Socialist People's Republic Of Canada
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

Old Post Jun-13-2008 18:39  Canada
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Jayx1
Prime Minister of TOTA



Registered: Feb 2003
Location: The Socialist People's Republic Of Canada

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.

Old Post Jun-13-2008 18:43  Canada
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Aleksandra
Supreme tranceaddict



Registered: Apr 2006
Location: Toronto

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


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Old Post Jun-13-2008 18:52 
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chinamon
el shit disturbo



Registered: Nov 2000
Location: Markham, ON

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


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Old Post Jun-13-2008 19:30 
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DigiNut
You kids get off my lawn!



Registered: Dec 2002
Location: Toronto, Self-proclaimed Centre of the Universe

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.


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Old Post Jun-13-2008 19:55  Canada
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Jayx1
Prime Minister of TOTA



Registered: Feb 2003
Location: The Socialist People's Republic Of Canada

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

Old Post Jun-13-2008 20:58  Canada
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Halycon
Epicsketch Inc.



Registered: May 2005
Location: underneath the blacklights.....

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.


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Old Post Jun-15-2008 17:47  Canada
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DigiNut
You kids get off my lawn!



Registered: Dec 2002
Location: Toronto, Self-proclaimed Centre of the Universe

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!


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Old Post Jun-15-2008 18:37  Canada
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TranceAddict Forums > Local Scene Info / Discussion / EDM Event Listings > Canada > Canada - Toronto & Southern Ont. > question for you guys ....
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