Inherited Tenant Issue ... Please help

[Rob Dowsett]

We have a tenant that we inherited when we bought a property in Hamilton, Ontario. The tenant has been in the unit for 5 years, and is currently month to month. The following issue has arisen with the tenant recently where he:

1. Has indicated he will no longer be taking out his garbage from bins at the side of the property to the nearby curb for municipal garbage collection. After five years of taking out the garbage himself, he now feels this is the landlord’s responsibility. He has now stockpiled garbage from the past month on the property, and has refused to dispose of it himself, despite written notice from us.

2. Makes baseless claims. Recent example: He claimed he has become sick due to poor air quality. However he has not produced a doctor’s report, or health inspector’s report or any other support to his claims. An examination of the house shows no indication of environmental issues.

3. Is very argumentative and uncooperative when it comes to:
• Discussing emergent issues and arranging for visiting the apartment for maintenance and picking up rent.
• Requests that landlord cleans the carpets that have been soiled as a result of spills from his children.
• Discussing tenant responsibilities (such as insisting the landlord clean mildew on shower).
• Demands that the landlord fixes blocked toilets caused by his children flushing toys down the drain.

After numerous attempts to discuss the issues and come to mutual agreement, he continues to refuse to mediate, only citing by email or text his (incorrect) interpretations of the Residential Tenancies Act as his response. Although he generally pays his rent on time and keeps most of the rented space clean, his current position on garbage removal, coupled with his refusal to discuss issues has created a toxic relationship.

As mentioned, the tenant is currently on a month-to-month lease. I was wondering if anyone can provide advice on whether or not we have the ability to terminate this lease under Section 43 of the Act if he does not take out his garbage. Advice from other landlords and paralegals is welcome, as well as any other ideas.

Thanks for your help!
Rob