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Ok, here is the story, my bestfriend lived @ his apartment for about 7-8 years, i recently moved in with him. And we split bills 50/50. WE talked to the landlord and he was cool with it..then about one month later he started busting our chops..telling us we cant have people over, we cant haev people stay over, and whenever people came over, he'd get in their face. so i called the tribunal and they told me to write him a note, so we did. now just recently we got a note from his lawyer saying i have to leave casue we are subletting/assignment the unit. and to my understanding thats not the situation. so if im missing something or doing something wrong please let me know....

2007-02-07 04:37:33 · 4 answers · asked by cdnmapleleaf42 1 in Politics & Government Law & Ethics

4 answers

I think that his problem with you was not that there were 2 of you living in the apartment but the nuisance you are creating by having your friends over so that he doesnt know if they live there or not.

Maybe there are other people in the apartment complex who complain about your friends, and the noise etc.

I think that landlord -tenant laws are the same everywhere.
1. You must have a written contract . If the original contract was with your boyfriend only, he can say he allowed you to stay there only temporarily. I guess that if it works put and you two together will work out with everybody else living there, he will allow that arrangement to go indefinitely.

2. A landlord can bust you out if you do not have this contract anytime after giving you a months notice to find another accommodation. It not about money. It is his worry that there are too many people in your place.

3. Subletting is not allowed in residential tenancies so maybe that was the reason his lawyer suggested that term in the letter to you. You would probably understand it better if he told the truth, which is also a valid cause to terminate your tenancy, and that will be "He finds you to be a nuisance now that there are two of you vs when there was only one and that was fine"
Private nuisance.

Consider losing the friends coming over as a proposal so he will allow you and your boyfriend to stay.

2007-02-07 05:00:56 · answer #1 · answered by QuiteNewHere 7 · 0 0

Unfortunately I cannot advise you on Canadian law, but in the United States, a lease must contain a clause specifically preventing an assignment and/or sublease. Without such a clause, you're free to sublet part of your remaining term or assign the entire term. If the lease contains such a clause and you did in fact sublet or assign, landlord may evict. If, on the other hand, you did NOT commit these actions, then I see no basis on him evicting you.

I suspect, however, that you're not telling us the ENTIRE story. Your post appears a bit slim on details.

2007-02-07 04:44:03 · answer #2 · answered by C = JD 5 · 0 0

You will need to review the initial lease, if subletting is a violation then you do need to leave or your friend will face eviction and you will both be homeless.

Check all of the clauses and fine print in the initial lease.

2007-02-07 05:38:26 · answer #3 · answered by smedrik 7 · 0 0

I live in Ontario ,unless you have it in writing or a lease for sub renting you will have to abide by what the lawyer has sent,because if the apartment is in your friends name and not yours, he is the legal renter.and he has the right to set ground rules,but he should have done it when you moved in.otherwise save yourself a headache and find somewhere else to live, because this friend could become an ex friend.

2007-02-07 05:00:30 · answer #4 · answered by Dondi 3 · 0 0

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