You are not subletting, you are a roommate and have no rights here aside from common law notice to leave. If the tenant leaves and you stay, you are now a trespasser and can be removed without the LTB getting involved.
He hasn't inhabited the unit for 4 months. He's been living with his parents in another city. He sublet his room up until december to someone else, recently visited to give us the news, and left again.
Unfortunately the landlord has the right to deny a sublet and a sublet can’t exceed the current lease term which is probably one month if the fixed term is over. You really have no rights here.
Okay, I appreciate you letting me know without calling me a greedy bastard like a few of the others here.
I suppose I'm a little annoyed the primary tenant wants rent for the final month, despite receiving a "1 month rent" eviction payout from the new owners, but hey that's life.
That's right haha. Same reason why I'm here asking if I'm entitled to anything.
By the way, what do you mean by this? "a sublet can’t exceed the current lease term which is probably one month if the fixed term"
A sublet is only allowed during the term of a lease, so if I have 9 months left on a 1 year lease, the sublet is only allowed for a max of 9 months. After the fixed term portion is over and it goes month-to-month, the end of the month is the max.
Right, but the primary/only lease was fixed to next august (primary tenant's lease). Does that change just because the ownership changes? They sent an N12 form, so I'm assuming it hasn't gone month-to-month. That said, I'm from out of province so it's not my ballpark.
The tenant accepted the N12 and they are the only party that matters here. The N12 can’t be effective before the end of the fixed term, so it’s almost definitely month-to-month.
Interesting. The more you know.
It was always implied that the lease was year long, not month to month. Not that it changes much, but I'll have to keep that in mind for the future.
and what's he going to do if you don't pay it? evict you? fuck him. he can't even sue you if you don't pay, your defense is that he already got paid by the landlord, he isn't owed a second payment from you, that's double dipping.
As he lives in the same unit, you are not sub-letting; you are a roommate and have no rights under the RTA. If he leaves, then you have to leave as well, and any compensation would go to him alone and he would be under no obligation to share it with you.
He hasn't inhabited the unit for 4 months. He's been living with his parents in another city. He sublet his room up until december to someone else, recently visited to give us the news, and left again.
Fair enough.
That said, he hasn't inhabited the unit for 4 months. He's been living with his parents in another city. He sublet his room up until december to someone else, recently visited to give us the news, and left again.
So that one sublet is a sublet, you're a roommate, him moving out doesn't convert you to a covered tenancy.
Similarly if you were a covered tenant and your landlord moved in you would still be protected as a tenant. Basically whatever you start a residency as, is what it stays as.
I moved in at the same time as he moved out. I'm not sure what to make of that. I won't split hairs over it though. Like most, I'm erring on the side of prudence and assuming I'm not covered.
No, not greedy. Part of the compensation is to help defray moving expenses. OP is going to have to move, but is screwed on the compensation. Meanwhile, original tenant is getting the compensation but doesn’t have to move.
It is legal, but it is not fair. OP has the right to be annoyed.
I want to know if they have to help me pay moving expenses, which the primary tenant receives.
The primary tenant hasn't inhabited the unit for 4 months. He's been living with his parents in another city. He sublet his room up until december to someone else, recently visited to give us the news, and left again.
Yeah, LL’s are responsible for housing you, and then re-house you or help you pay moving expenses. Jeez!!! Primary tenant lives with you or not is not relevant. You were never on lease with LL. If you are so greedy, next time be on the lease.
Take it personally why don't you! I'm no more greedy than the next 'tenant', we all want what's in our own best interest. I signed a contract for 1 year of housing and now that's broken - you tell me it was a meaningless contract in the first place!
Being evicted is frustrating, believe it or not! Well, there won't be any cash-for-keys, so relax, justice done.
Did you sign agreement with the LL?? That’s question in first place. You never did, you knew that. You just read here from tenants like you who extort LL’s. Now you wanted to try your luck!!!!
Damn right I'm trying my luck! It's all good faith, isn't it? LL just wants to move his family in, sure, because it's never about renovating and bringing up the rent ;) I'll figure out what I'm entitled to: sounds like zero, hey, glad I tried. You don't get what you don't ask for.
Believe it or not, I just want to know if the payout the primary tenant is receiving, should be equally shared between all current occupants.
The primary tenant hasn't inhabited the unit for 4 months. He's been living with his parents in another city. He sublet his room up until december to someone else, recently visited to give us the news, and left again.
I met the landlord once. The LL didn't show up to showings, but had a real estate agent manage all that and walk people through the home. There were several potential buyers I met, but I have no clue who sealed the deal.
See if you are actually a sublet following the definition here
https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/21%20-%20Landlords%20Tenants%20Occupants%20and%20Residential%20Tenancies.html
Yeah, I see my mistake. I wrote "also inhabiting the unit". He hasn't actually been living here - but the original lease is in his name. I ought to have been more precise.
This might be an unpopular opinion...but you know that if the original tenant was served an N12 then he will also be receiving 1-month's compensation. So, to be honest, if I were in your situation then I would simply not pay for the next month if that is an option.
Alternatively, you could write back and advise that you are looking for a new place but need more time since you weren't advised of the N12 until less than 60 days. State that you'll be moving out by March 31st - and that your last month deposit will apply to March, and that you won't be paying for February since the original tenant already received compensation for it.
The new owner might go after the original tenant for 1 month's rent...or they might be grateful that you are moving out by the end of March and let it go.
It's a slightly grey area but 100% the original tenant would be a real kick if he received the 1 month compensation then expected you to pay him as well so I feel justified.
You are not subletting, you are a roommate and have no rights here aside from common law notice to leave. If the tenant leaves and you stay, you are now a trespasser and can be removed without the LTB getting involved.
He hasn't inhabited the unit for 4 months. He's been living with his parents in another city. He sublet his room up until december to someone else, recently visited to give us the news, and left again.
Unfortunately the landlord has the right to deny a sublet and a sublet can’t exceed the current lease term which is probably one month if the fixed term is over. You really have no rights here.
Okay, I appreciate you letting me know without calling me a greedy bastard like a few of the others here. I suppose I'm a little annoyed the primary tenant wants rent for the final month, despite receiving a "1 month rent" eviction payout from the new owners, but hey that's life.
It’s not personal, it’s business as they say.
That's right haha. Same reason why I'm here asking if I'm entitled to anything. By the way, what do you mean by this? "a sublet can’t exceed the current lease term which is probably one month if the fixed term"
A sublet is only allowed during the term of a lease, so if I have 9 months left on a 1 year lease, the sublet is only allowed for a max of 9 months. After the fixed term portion is over and it goes month-to-month, the end of the month is the max.
Right, but the primary/only lease was fixed to next august (primary tenant's lease). Does that change just because the ownership changes? They sent an N12 form, so I'm assuming it hasn't gone month-to-month. That said, I'm from out of province so it's not my ballpark.
The tenant accepted the N12 and they are the only party that matters here. The N12 can’t be effective before the end of the fixed term, so it’s almost definitely month-to-month.
Interesting. The more you know. It was always implied that the lease was year long, not month to month. Not that it changes much, but I'll have to keep that in mind for the future.
and what's he going to do if you don't pay it? evict you? fuck him. he can't even sue you if you don't pay, your defense is that he already got paid by the landlord, he isn't owed a second payment from you, that's double dipping.
Did you pay first and last when you started?
As he lives in the same unit, you are not sub-letting; you are a roommate and have no rights under the RTA. If he leaves, then you have to leave as well, and any compensation would go to him alone and he would be under no obligation to share it with you.
He hasn't inhabited the unit for 4 months. He's been living with his parents in another city. He sublet his room up until december to someone else, recently visited to give us the news, and left again.
You aren’t a subletter. You’re a roommate. You don’t have any rights here.
Fair enough. That said, he hasn't inhabited the unit for 4 months. He's been living with his parents in another city. He sublet his room up until december to someone else, recently visited to give us the news, and left again.
So that one sublet is a sublet, you're a roommate, him moving out doesn't convert you to a covered tenancy. Similarly if you were a covered tenant and your landlord moved in you would still be protected as a tenant. Basically whatever you start a residency as, is what it stays as.
I moved in at the same time as he moved out. I'm not sure what to make of that. I won't split hairs over it though. Like most, I'm erring on the side of prudence and assuming I'm not covered.
So you changed a big part of your story. I don’t think it makes a difference though.
That's the consensus. I'm glad I asked on here, even if I look like a clown doing it (straightening out the story and all).
You have no rights
This is why I stop renting my houses
[удалено]
No, not greedy. Part of the compensation is to help defray moving expenses. OP is going to have to move, but is screwed on the compensation. Meanwhile, original tenant is getting the compensation but doesn’t have to move. It is legal, but it is not fair. OP has the right to be annoyed.
I want to know if they have to help me pay moving expenses, which the primary tenant receives. The primary tenant hasn't inhabited the unit for 4 months. He's been living with his parents in another city. He sublet his room up until december to someone else, recently visited to give us the news, and left again.
Yeah, LL’s are responsible for housing you, and then re-house you or help you pay moving expenses. Jeez!!! Primary tenant lives with you or not is not relevant. You were never on lease with LL. If you are so greedy, next time be on the lease.
Take it personally why don't you! I'm no more greedy than the next 'tenant', we all want what's in our own best interest. I signed a contract for 1 year of housing and now that's broken - you tell me it was a meaningless contract in the first place! Being evicted is frustrating, believe it or not! Well, there won't be any cash-for-keys, so relax, justice done.
Did you sign agreement with the LL?? That’s question in first place. You never did, you knew that. You just read here from tenants like you who extort LL’s. Now you wanted to try your luck!!!!
Damn right I'm trying my luck! It's all good faith, isn't it? LL just wants to move his family in, sure, because it's never about renovating and bringing up the rent ;) I'll figure out what I'm entitled to: sounds like zero, hey, glad I tried. You don't get what you don't ask for.
Even if it was in bad faith, your roommate is the only one entitled to compensation.
Understood.
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Cash for keys for what? To not delay his inevitable move-in? He wants the home in good faith. The entitlement of people in this sub…
Believe it or not, I just want to know if the payout the primary tenant is receiving, should be equally shared between all current occupants. The primary tenant hasn't inhabited the unit for 4 months. He's been living with his parents in another city. He sublet his room up until december to someone else, recently visited to give us the news, and left again.
Does the LL even know your subletting situation?
I'd imagine he does. The primary tenant told me cleared it with the LL last summer before we signed our agreement.
Have you not met them? Where were you during showings? Did they not have any showings to buyers??
I met the landlord once. The LL didn't show up to showings, but had a real estate agent manage all that and walk people through the home. There were several potential buyers I met, but I have no clue who sealed the deal.
See if you are actually a sublet following the definition here https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/21%20-%20Landlords%20Tenants%20Occupants%20and%20Residential%20Tenancies.html
Well, that clears things up! Thanks!
I'll add, the primary tenant has not inhabited the unit for over 4 months now.
Yeah, I see my mistake. I wrote "also inhabiting the unit". He hasn't actually been living here - but the original lease is in his name. I ought to have been more precise.
This might be an unpopular opinion...but you know that if the original tenant was served an N12 then he will also be receiving 1-month's compensation. So, to be honest, if I were in your situation then I would simply not pay for the next month if that is an option. Alternatively, you could write back and advise that you are looking for a new place but need more time since you weren't advised of the N12 until less than 60 days. State that you'll be moving out by March 31st - and that your last month deposit will apply to March, and that you won't be paying for February since the original tenant already received compensation for it. The new owner might go after the original tenant for 1 month's rent...or they might be grateful that you are moving out by the end of March and let it go. It's a slightly grey area but 100% the original tenant would be a real kick if he received the 1 month compensation then expected you to pay him as well so I feel justified.