Can I evict my minor roommate who is on the lease?

Question

(In Ontario...)

I live with a roommate who I would like to have removed from the lease. She has broken the lease on many counts (failed to keep the place clean, paid rent late for no good reason, not to mention all the things she has done to me personally) and is completely disrespectful to everything and everyone. My question is, can she legally be evicted? She is only 17. Does she even have any legal rights on the lease as such? The other people who have signed the lease are myself and my mother. We feel that she is jeopardizing my situation living there and fear that we may be evicted if she continues this way. The landlord is holding my mother accountable for her actions right now and we do not want to be responsible for this child.

What options do I have?

She is in school. That is why she is living with me, because school is too far from her mother's house.

I'm not trying to get her to pay any money, just move.

EDIT: Her mother was SUPPOSED to sign the lease with us, but never bothered coming to sign us. So now we are 'stuck' with this girl and end up being legally responsible for her. There was no conspiracy involved; just an immature, irresponsible family.

Answer 1

While a minor cannot generally enter into a binding contract, there are exceptions for essential goods and services. Shelter is essential so in most jurisdictions the minor can be held minimally responsible for their end of the bargain, at least as far as paying the rent is concerned.

Eviction can only be ordered by the courts. Whoever entered into the agreement with her will have to file eviction proceedings in court to have her evicted. If there are multiple people on the lease including this minor, the landlord isn't likely to proceed with an eviction unless she's trashing the place as the other tenants are jointly liable for the entire amount of the rents. If the rents are not being paid in full, the landlord would evict ALL of you, not just the minor.

Your only recourse is probably against the minor child's parents. They are responsible for the child's care and any damage that she causes.

Answer 2

She certainly legally can't sign a lease at 17. while you're actually not the lease holder and he a sub-letter then there is noting you're able to do, the owner will ought to evict her. That being stated touch the tenants rights board (they are indexed in the blue pages) and look into if there is an tying that could legally be executed to therapy the placement.

Answer 3

The others are right, only the landlord can evict her, You are not her landlord. The most you can do is ask her to leave.
If the landlord evicts her, he will evict YOU at the same time.
How did her name get on the lease? Did she use fake ID?
Do her parents know? Did YOU know? ARE you over 18?
You avoided answering this question.

My advice; The landlord is correct your mother is accountable for HER AND YOU. Give her a date to leave & tell her you will be changing the locks on that date. Offer to trade rent due for leaving peaceably. Thank the landlord for being patient AND that you will pay for the new locks. Contact her parents & tell them when she is leaving, they have the right to know if only for her safety. If things get nasty, call the police.
Don't be suprised if the landlord asks all of you to leave, as l see it, the 3 of you conspired together in taking that lease. Don't expect any sympathy from him.

Answer 4

First, you can be criminally charged with harboring a minor b/c that minor is supposed to be in school or with a legal parent or guardian

Second, a minor cannot legally contract, so yes, you can evict her (back to her mother), but she also does NOT have to pay you ANYTHING.

The landlord is within his legal rights.

PS: A minor cannot contract a lease for "shelter" unless they are legally married or emancipated. It sounds like the "child" is neither.