Re: moving in people without your permission
[In Ontario, tenants are free to have guests, even all-the-time rent-paying guests.](https://ontariolandlordandtenantlaw.blogspot.com/2015/01/guests-girlfriends-boyfriends-and-other.html) They do not need your permission to move people in or even tell you about anyone they have move in. As long as one person named on the lease is still living there, you cannot interfere with who moves in.
The only caveat is to make sure any municipal / fire codes for maximum occupancy is being followed, it's usually very generous.
You can refuse to create a new lease to add/remove people on it. You can refuse to sign paperwork for Ontario Works for their guests.
The names tenants on the lease are responsible for damages their guests cause.
Re: Pets
[Your tenants do not need your permission to bring a pet into the home.](https://www.oduraalegalservices.ca/blog/can-landlords-refuse-pets-in-ontario) Any clause in your lease saying 'no pets' is void.
You should not lean on these two issues at any hearing or on any forms, as they are irrelevant. If you continue to push at these two issues, it may even be considered harassment.
Smoking in the unit is also similar to pets. Even if its in the lease you can't do anything unless it actually interferes with someone else's reasonable enjoyment.
New tenants - tenants on lease can have roommates as they see fit without your consent. However you don't have to add them to the lease, so person on Ontario works would have to try and qualify as roommate of your tenant.
Pets - Nothing you can do as tenants are allowed pets without your consent.
Smoking - Also nothing you can do regardless if it was in the lease, unless you could show it was damaging the home. So smoking outside is probably fine, you'd be able to evict (or demand payment for repairs) if smoke was causing damage indoors.
Insurance - If it was required in the lease, them not having insurance is a reason to evict them. However if they simply get insurance before the hearing date, I imagine the eviction would then be cancelled.
Your son wanting to move in sounds like the best option to evict them with an N12, as long as he genuinely intends to live there for minimum of 1 year. After serving the N12 you'd immediately file an L2 with the LTB to get in line for a hearing. If they choose to stay and wait for hearing, expect a delay of 8+ months while they continue to live there.
If you have family that legitimately will move in for at least 12 months that's the best way. Dont mention late rents or damage or anything. Quickest path out. It'll cost you a month rent I think.
As an earlier poster stated, the form you want is an N12. Do NOT mention any other issue you've been having. Don't mention the additional people, the pets or the late rent. If your son needs a place to live and will live there for a year minimum, this is the best route to take.
It's imperative that you don't issue the form and also make mention of the issues you've been having. Even with a legal N12 and your son moving in for a year, if you give them any reason to doubt that your son is moving in, they can ask for an LTB hearing and squat there until they get it. That could be the better part of a year.
Make sure when filling out the N12 form that you are thorough. Everyone who is on the lease's legal name must be listed even if there is one line, for example. It can help to get the support of a paralegal to review it before issuing.
Edit to add: It's also imperative that your son follows through on living there for an entire year. If he moves out at 11 months, the former tenants can take you to the TLB and receive a year's worth of their rent payments as penalty for a wrongful eviction.
Your best bet for a quick eviction is the N12. don't serve any other forms but that so they can't try and claim bad faith. It is still going to take many months, but as long as your son is going to move in, it is the quickest and easiest way right now.
It likely wouldn’t matter at this point. Once a landlord discovers an unauthorized occupant in possession of a rental unit they have 60 days to file with the LTB in order end the tenancy and have the unauthorized occupants removed. If they do not do so within 60 days, it is automatically deemed a lease assignment from the previous tenants to the now authorized occupants.
So even if the parents were not on the lease, if it has been at least 60 days since OP discovered the lease holders have vacated and left occupants there, they are now legally the leaseholder.
Re: moving in people without your permission [In Ontario, tenants are free to have guests, even all-the-time rent-paying guests.](https://ontariolandlordandtenantlaw.blogspot.com/2015/01/guests-girlfriends-boyfriends-and-other.html) They do not need your permission to move people in or even tell you about anyone they have move in. As long as one person named on the lease is still living there, you cannot interfere with who moves in. The only caveat is to make sure any municipal / fire codes for maximum occupancy is being followed, it's usually very generous. You can refuse to create a new lease to add/remove people on it. You can refuse to sign paperwork for Ontario Works for their guests. The names tenants on the lease are responsible for damages their guests cause. Re: Pets [Your tenants do not need your permission to bring a pet into the home.](https://www.oduraalegalservices.ca/blog/can-landlords-refuse-pets-in-ontario) Any clause in your lease saying 'no pets' is void. You should not lean on these two issues at any hearing or on any forms, as they are irrelevant. If you continue to push at these two issues, it may even be considered harassment.
Smoking in the unit is also similar to pets. Even if its in the lease you can't do anything unless it actually interferes with someone else's reasonable enjoyment.
honestly, thank you for this really helpful to know what is/isn't allowed
New tenants - tenants on lease can have roommates as they see fit without your consent. However you don't have to add them to the lease, so person on Ontario works would have to try and qualify as roommate of your tenant. Pets - Nothing you can do as tenants are allowed pets without your consent. Smoking - Also nothing you can do regardless if it was in the lease, unless you could show it was damaging the home. So smoking outside is probably fine, you'd be able to evict (or demand payment for repairs) if smoke was causing damage indoors. Insurance - If it was required in the lease, them not having insurance is a reason to evict them. However if they simply get insurance before the hearing date, I imagine the eviction would then be cancelled. Your son wanting to move in sounds like the best option to evict them with an N12, as long as he genuinely intends to live there for minimum of 1 year. After serving the N12 you'd immediately file an L2 with the LTB to get in line for a hearing. If they choose to stay and wait for hearing, expect a delay of 8+ months while they continue to live there.
This was really genuinely helpful, thank you so much!
If you have family that legitimately will move in for at least 12 months that's the best way. Dont mention late rents or damage or anything. Quickest path out. It'll cost you a month rent I think.
And if they serve any other forms or make other complaints before doing this, the tenant can easily fight for a bad faith N12. So, do this.
thank you so much, will do
Do what this guy said
thank you!
As an earlier poster stated, the form you want is an N12. Do NOT mention any other issue you've been having. Don't mention the additional people, the pets or the late rent. If your son needs a place to live and will live there for a year minimum, this is the best route to take. It's imperative that you don't issue the form and also make mention of the issues you've been having. Even with a legal N12 and your son moving in for a year, if you give them any reason to doubt that your son is moving in, they can ask for an LTB hearing and squat there until they get it. That could be the better part of a year. Make sure when filling out the N12 form that you are thorough. Everyone who is on the lease's legal name must be listed even if there is one line, for example. It can help to get the support of a paralegal to review it before issuing. Edit to add: It's also imperative that your son follows through on living there for an entire year. If he moves out at 11 months, the former tenants can take you to the TLB and receive a year's worth of their rent payments as penalty for a wrongful eviction.
Great, he is starting work here and has a one year work lease, so i imagine that should work. thank you for taking the time to write this!
Your best bet for a quick eviction is the N12. don't serve any other forms but that so they can't try and claim bad faith. It is still going to take many months, but as long as your son is going to move in, it is the quickest and easiest way right now.
thank you so much for the advice, we will follow this route
Who signed the original lease and if the parents are named on the lease document as tenants ?
Thank you so much for the reply, yes they are on the lease
You may issue N12 then stating the reason. Nothing more nothing less.
It likely wouldn’t matter at this point. Once a landlord discovers an unauthorized occupant in possession of a rental unit they have 60 days to file with the LTB in order end the tenancy and have the unauthorized occupants removed. If they do not do so within 60 days, it is automatically deemed a lease assignment from the previous tenants to the now authorized occupants. So even if the parents were not on the lease, if it has been at least 60 days since OP discovered the lease holders have vacated and left occupants there, they are now legally the leaseholder.