You’re a landlord in Ontario, and you’re facing a head-scratcher
Your tenant has seemingly disappeared. Rent continues to be paid, but you haven’t seen them in months, and you suspect they may be subletting the unit without your permission. This situation, while seemingly convenient at first glance, can quickly become complicated. Here’s a breakdown of what you should know and what steps you can take.
Understanding the Legal Landscape in Ontario
The key legislation in this context is the Residential Tenancies Act 2006 (RTA). This act governs the rights and responsibilities of both landlords and tenants in the province of Ontario. Misinterpreting or ignoring the RTA can lead to potential legal trouble, so it’s crucial to proceed carefully.
Is it Abandonment or Unauthorized Subletting?
The primary question is whether the tenant has abandoned the unit or sublet it without permission. While consistent rent payments suggest against abandonment, the extended absence points towards the possibility of unauthorized subletting.
• Abandonment: If a tenant abandons a rental unit, the landlord can take steps to terminate the tenancy. However, proving abandonment requires more than just their absence. Factors such as unpaid rent, removal of personal belongings, and termination of utilities are typically considered. Since the rent is being paid, proving abandonment will be very difficult.
• Unauthorized Subletting: Subletting occurs when a tenant rents out their unit to another person – a subtenant. They do so while still legally responsible for the original lease. Under the RTA, a tenant must obtain the landlord’s consent before subletting.
Why Unauthorized Subletting is a Problem for Landlords
• Unknown Subtenant: You don’t know who is residing in your property. This raises concerns about their background, potential for property damage, and adherence to the building’s rules and regulations.
• Enforcement Difficulties: If issues arise, dealing with an unauthorized subtenant is often more complex and legally challenging than dealing with your original tenant.
• Potential for Overcrowding or Illegal Activities: You have no control over the number of people living in the unit or the activities taking place there.
Investigative Steps You Should Take:
1. Document Everything: Start meticulously documenting every interaction and observation. Record dates, times, conversations (if any), and any evidence supporting your suspicion of subletting.
2. Attempt to Contact the Tenant: Make documented attempts to contact your tenant directly. Clearly state your concerns and request a meeting to discuss the situation. Keep copies of all correspondence.
3. Observe and Gather More Information: Observe the property discreetly without trespassing or infringing on anyone’s privacy. Notice if different people are entering and exiting regularly, if there’s increased traffic or noise, or if new furniture/belongings have appeared.
Serve a Notice of Entry (with a Reason):
While you can’t just barge in, you can enter the unit with proper 24-hour notice for valid reasons, such as scheduled maintenance or repairs. This provides an opportunity to observe the unit and potentially confirm your suspicions. Be sure to specify the reason for entry in the notice.
Serve a N5 Notice of Termination
Consider Serving an N5 Notice (Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding).
The notice alleges that the tenant is substantially interfering with the landlord’s rights, privileges and interests. Use the notice to advise the tenant that they are subletting the unit without your permission. Ensure to include specific dates and times and a description of the events (proof). The N5 Form will give you a date by which you can advise the tenant that the tenancy is over, and if they fail to leave the unit by that day, you will apply to the Landlord and Tenant Board for an eviction order.
Consult with a Legal Professional such as Lisa Barder:
She is a licensed paralegal who has been representing Ontario Residential Landlords for over a quarter of a century.
A paralegal or lawyer can advise you on the best course of action based on the specific details of your case and ensure you comply with all applicable laws.
Important Considerations and Cautions:
• Avoid Self-Help Eviction: You cannot simply change the locks or forcibly evict anyone, even if you suspect unauthorized subletting. This is illegal and could result in significant penalties.
• Refrain from engaging in any conduct that may be deemed harassment or a violation of privacy.
• Refrain from engaging in any conduct that may be deemed harassment or a violation of privacy.
• Familiarize yourself with the Landlord and Tenant Board processes and requirements.
In Conclusion:
Discovering your tenant has seemingly vanished and potentially sublet the property without your consent is a stressful situation. By taking a methodical approach, documenting everything, and seeking professional legal advice, you can protect your rights as a landlord and ensure you are acting within the bounds of Ontario’s Residential Tenancies Act. Remember, proactive communication and adherence to the law are crucial for a favourable outcome.