Tenant Withholding Rent Due To Notice That He Filed (ON)

[Jonathan Li]

Hi Bigger Pockets community! I live in Ontario, Canada and my basement tenant is trying his hardest to make my life miserable. Any help and perspective would be greatly appreciated!

This tenant moved into my basement about a year ago. Initially he had many complaints about the unit and I sent him an email asking if he would like to reconsider renting the unit, given his obvious displeasure (thus giving him an out before officially signing the lease). He backpedalled and affirmed that the unit would be satisfactory. It's quite cheap for the Toronto market, where I am located.

My parents also live in this house. Over the past couple months, I suspect my tenant has quit or lost his job. He is now parking his motorbike in front of his entrance, creating a fire code violation for the sole egress that he has. When my mother tried to move it away, he yelled abusively at her. He smokes weed outside his unit on a weekly basis (currently this is illegal in ontario unless he can prove it is for medical purposes). And to top it off, last week he told me that he will not be paying rent for the month because he has filed a notice of violation to the city. Apparently the ceilings are too low in the unit. This is something he verbally acknowledged when he first accepted the lease. But now he has said that I should expect inspectors from the city in the near term, and that he will not be paying a cent of rent. 

I am at a loss, and wondering how long he will be able to go without paying. I have heard that tenants in Ontario are not allowed to withhold rent under any circumstances, and I have heard the opposite. I have heard that I can evict him under certain circumstances as well. Any tips from the community from a legal/experience perspective would be greatly appreciated!

[Luc Boiron]

Is the basement unit legal?

No matter what, the first day that the tenant is late on rent, serve him with an N4 notice for non-payment of rent. The LTB does not allow tenants not to pay, even if they have a dispute with the landlord. If tenants really don't want to pay the landlord, they can pay into the LTB until a decision is made by the LTB, but they can't not pay.

The city inspectors are a different story. Either way, start the eviction process. The sooner you get this tenant out, the better.