Ontario - Tenants separated, advice needed.

[John Smith]

Looking for advice on the following situation:

Unit was rented out to a couple - let's call them Bob and Alice. Both Bob and Alice are listed as tenants on the lease - but financials are mostly provided by Bob.

2 months into the lease, I am contacted by Bob's lawyer who claims the couple has separated and Bob is no longer living in the unit.

Bob's lawyer claims that Alice will no longer be able to continue paying rent without Bob's support. And in addition, she has been smoking pot in the unit which is in breach of our lease.

Bob's lawyer has asked for my authorization to prepare an eviction on my behalf because Alice is not willing to leave on her own accord.

Any advice on what the landlord should do here? From my perspective, both Bob and Alice are on the lease. They are only 2 months into the lease and I am out a month's worth of rent for the broker fee, plus it will take at least a month to fill the unit again. Also, I am not sure of any damages to the unit at this time. Is there anyway to recoup these funds as part of a "early lease termination agreement"? Does giving authorization to evict waive my ability to negotiate this type of agreement?

Any advice appreciated.

[Thomas S.]

Information provided thus far is correct.

As a long time Ontario landlord the following is the rule.

1) Both are on the lease, both are responsible for the rent as long as one resides in the premises.

2) The lawyer is blowing smoke and in reality very few lawyers on Ontario are aware of the regulations.

3) Only the landlord has the authority to initiate an eviction.

4) until March rent is not paid you have no grounds to evict.

5) Assuming rent is not paid you may choose to evict both tenants for non payment of rent.

6) Cost to initiate an eviction is $170 and will be lost if the tenant is not evicted or pays rent owing.

If you issue a N4 you will be releasing the tenant from all monies owed (rent damages etc) if they agree to both leave, and you get nothing except maybe your $170 back. 

What I would do in your situation, if March rent is not paid by midnight on the first, is to immediately file a L9. You really have no reason to evict. One late payment will not justify a eviction ruling. File the L9 on March 2nd and you will be successful and will not be giving up any rent owed.

At the hearing you can negotiate a termination of the lease, if they both agree, as well as all monies owed.

Send the husbands lawyer a letter informing him that your landlord tenant agreement with his client is not his business or his responsibility. If he chooses he may represent his client at his eviction hearing. Let him know that you will be following the rules as outlined in the Ontario RTA.

You do not need a lawyer if you use a L9, it will be a slam dunk.

If you wish you may hire a paralegal that specialises in landlord tenant issues. Don't waste your money on a lawyer. They do not know the RTA and will be outside their wheel house at a LTB hearing.