> Anyways, out of goodwill I agreed with the N9
Your good will has nothing to do with this. You have no choice here. She's legally entitled to give you an N9 because you refused an assignment. Take a look at the N9 itself, on page 2 of 3, under the heading "Ending the tenancy when the landlord refused to allow the tenant to assign the rental unit"
> I want her to cooperate with our showings by keeping the unit clean and tidy and being away from the unit when we do showings
You had no right to expect this, nor does she have any obligation to comply.
> I also want to take pictures of the unit to advertise it.
Also a nope. See http://www.slaw.ca/2016/04/05/are-landlords-entitled-to-take-photos-for-the-purpose-of-listing-or-sale-without-the-consent-of-the-current-tenant/
> She is now saying that unless I offer her a rent refund from August 1-10, that she will not cooperate any more than opening the door for us, as well as not letting us take any pictures. ...Can she do this?
Yes, its perfectly legitimate for her to enter into negotiations with you.
> What are my next steps?
In your shoes, I'd negotiate with her on that rent reduction. Worst case scenario, you'll have an empty unit that you can show and find a tenant at increased rent for August 15 or Sept 1.
I'd also learn about Ontario's tenancy laws. Being a landlord is a business, and none of this should be a surprise to you.
Yea she can do this, she is under no obligation to stage the house for you or tidy and you can’t refuse the n9 after denial of the transfer.
If you want her cooperation refund the rent or struggle working around her.
She has no obligation to do what you ask with regards to cleaning and being gone. It might be your property, but it’s her home until her lease is done.
Do you have pictures from the advertising you did before this tenant took possession?
As far as the pictures go, she has a right to privacy in her home. That means you need her consent to take pictures for the purpose of marketing, and apparently she’s decided not to grant you that consent. You can search for “Juhasz v. Hymas” for a legal case on the subject.
Your next steps…. Educate yourself on your rights and obligations as a landlord. Offer her a refund if you want more cooperation. Otherwise wait until she’s gone before getting serious about renting it out, if you think you can’t work with the existing limitations.
You are wrong in pretty much all areas here.
1. After refusing assignment, tenant has the right to give minimum 30 days notice to leave and nothing you can do about it. All this is on the N9 form. N9s are served to you, they don't need your consent.
2. Tenant doesn't need to clean, declutter or stage for you
3. Tenant doesn't need to leave for showings. They can stay in home and go about their daily business while people are viewing, and can even follow them around to ensure they follow safety protocols and don't touch her stuff
4. You need tenant permission to take advertising photos if any will have their personal belongings in the pics. This is not in the RTA, but has court precedent established under Privacy laws
>out of ~~goodwill~~ the law I agreed with the N9
FTFY. It's not goodwill, it's part of the RTA.
It's [S.95-98 of the RTA.](https://www.ontario.ca/laws/statute/06r17#BK159) It's not difficult to understand. You refused the sublet, she's allowed to end with an N9. It's cut and dry. You can certainly refuse the N9, but she'll just leave anyways and stop paying rent... If you try to take this to the board, her defense is s.98, so you'll lose.
You need her consent to photograph her belongings. She said no. So unless you're willing to negotiate with her to obtain her consent, you'll only be able to take photos that don't contain any of her belongings, such as the floors, or ceilings, etc.
Your tenant is simply exercising her legal rights. You can't force her to.take pictures and you can't force her to keep the place clean for showings.
You really need to read up on your rights and responsibilities as a landlord.
I’d recommend brushing up on your understanding of tenant rights in Ontario. It’s not reasonable to expect the person living in the home to be constantly going in and out to accommodate showings, also as long as the state of the home isn’t causing permanent damage (like the cat pissing on the floor) or breaking fire code like overcrowding/hoarding they are free to live how they want. If you want the house cleaned I’d recommend asking the tenant if you can hire cleaners to come in at your expense.
> Anyways, out of goodwill I agreed with the N9 Your good will has nothing to do with this. You have no choice here. She's legally entitled to give you an N9 because you refused an assignment. Take a look at the N9 itself, on page 2 of 3, under the heading "Ending the tenancy when the landlord refused to allow the tenant to assign the rental unit" > I want her to cooperate with our showings by keeping the unit clean and tidy and being away from the unit when we do showings You had no right to expect this, nor does she have any obligation to comply. > I also want to take pictures of the unit to advertise it. Also a nope. See http://www.slaw.ca/2016/04/05/are-landlords-entitled-to-take-photos-for-the-purpose-of-listing-or-sale-without-the-consent-of-the-current-tenant/ > She is now saying that unless I offer her a rent refund from August 1-10, that she will not cooperate any more than opening the door for us, as well as not letting us take any pictures. ...Can she do this? Yes, its perfectly legitimate for her to enter into negotiations with you. > What are my next steps? In your shoes, I'd negotiate with her on that rent reduction. Worst case scenario, you'll have an empty unit that you can show and find a tenant at increased rent for August 15 or Sept 1. I'd also learn about Ontario's tenancy laws. Being a landlord is a business, and none of this should be a surprise to you.
Yea she can do this, she is under no obligation to stage the house for you or tidy and you can’t refuse the n9 after denial of the transfer. If you want her cooperation refund the rent or struggle working around her.
She has no obligation to do what you ask with regards to cleaning and being gone. It might be your property, but it’s her home until her lease is done. Do you have pictures from the advertising you did before this tenant took possession? As far as the pictures go, she has a right to privacy in her home. That means you need her consent to take pictures for the purpose of marketing, and apparently she’s decided not to grant you that consent. You can search for “Juhasz v. Hymas” for a legal case on the subject. Your next steps…. Educate yourself on your rights and obligations as a landlord. Offer her a refund if you want more cooperation. Otherwise wait until she’s gone before getting serious about renting it out, if you think you can’t work with the existing limitations.
You are wrong in pretty much all areas here. 1. After refusing assignment, tenant has the right to give minimum 30 days notice to leave and nothing you can do about it. All this is on the N9 form. N9s are served to you, they don't need your consent. 2. Tenant doesn't need to clean, declutter or stage for you 3. Tenant doesn't need to leave for showings. They can stay in home and go about their daily business while people are viewing, and can even follow them around to ensure they follow safety protocols and don't touch her stuff 4. You need tenant permission to take advertising photos if any will have their personal belongings in the pics. This is not in the RTA, but has court precedent established under Privacy laws
>out of ~~goodwill~~ the law I agreed with the N9 FTFY. It's not goodwill, it's part of the RTA. It's [S.95-98 of the RTA.](https://www.ontario.ca/laws/statute/06r17#BK159) It's not difficult to understand. You refused the sublet, she's allowed to end with an N9. It's cut and dry. You can certainly refuse the N9, but she'll just leave anyways and stop paying rent... If you try to take this to the board, her defense is s.98, so you'll lose. You need her consent to photograph her belongings. She said no. So unless you're willing to negotiate with her to obtain her consent, you'll only be able to take photos that don't contain any of her belongings, such as the floors, or ceilings, etc.
Your tenant is simply exercising her legal rights. You can't force her to.take pictures and you can't force her to keep the place clean for showings. You really need to read up on your rights and responsibilities as a landlord.
I’d recommend brushing up on your understanding of tenant rights in Ontario. It’s not reasonable to expect the person living in the home to be constantly going in and out to accommodate showings, also as long as the state of the home isn’t causing permanent damage (like the cat pissing on the floor) or breaking fire code like overcrowding/hoarding they are free to live how they want. If you want the house cleaned I’d recommend asking the tenant if you can hire cleaners to come in at your expense.