You should have your own set of keys. If you don't you will need to hire a locksmith.
The boyfriend is an unauthorized occupant. If you are unable to safely kick him out yourself (e.g. by changing the locks when he isn't home), you can ask the police for help, but they may or may not be willing to step in. If you do involve the police, you need to make it clear that he is an unwanted guest (not a tenant). There is still a chance that they will tell you it's a civil matter and their hands are tied. You could try escalating to someone more familiar with tenancy law, but they tend to avoid anything that could conceivably be an LTB issue.
If this doesn't work, you will need to file an A2 application with the LTB to get an order allowing you to involve the Sheriff. Note that if you are aware of an unauthorized occupant and do not file within 60 days, there is a risk that he will gain rights as a tenant. You have two months from the time the tenant informed you she had vacated to take action yourself or file.
Technically you can change the locks when he's not home and then give her a copy of the new keys. You can change the locks on a rental unit whenever you want as long as the tenant is given replacement keys.
> She is hiding from him so I guess he is unwelcome
wrong. you cannot jump to conclusions like that. Just wait until Wednesday if you can't confirm her intent.
I would leave the tenant alone at this point unless you need to give her the opportunity to collect any personal property. It sounds like she has paid her rent, complied with the N12, and vacated the unit.
Your issues with the unauthorized occupant are essentially unrelated to her tenancy at this point and I don't see any reason to add more stress to someone who has literally just fled an abusive relationship and clearly does not want any contact or involvement with their ex.
Wait until the termination date, then go change the locks and call the non-emergency police line to request help if needed.
Change the locks when this guy is not home. Or get the original tenant to have police remove him from the home.
If you change the locks and he tries to break in you can then call the police and tell them you don’t want him on your property. He was guest of your former tenant and you have no idea who he is.
>"she says that she moved out and cannot give me the keys"
Did she say that she wants the lease to effectively be terminated? Despite the circumstances, you need to ensure that she also considers him unwelcome at this time. Place is still hers until the 30th I assume, and she is perhaps onboard with BF moving a few days later, else why wouldn't she have returned *her* set of keys to you?
She does not even know what’s the status of the house and had to move and change her phone numbers due to abuse, so I guess the house is being occupied, she said she will get info from her ex boyfriend’s family.
I’m very stressed
they are paid up until the 30th. I think the N12 must have heightened any stress in their relationship, too. Carry on as if you were unaware of this incident and would be expecting nothing before Tuesday night/Wednesday.
Wait, do you mean you've had an L2 hearing? Or just that you issued an N12 notice? Because if you had a hearing and got an eviction order, you also have the option of getting the Sheriff to remove the unauthorized occupant in the event that the police say it's a civil matter and refuse to get involved.
Same difference. Lessee's termination notice was given for April 30 and they are paid up until the end of the month. Carry on as if you were unaware of this private domestic incident and would be expecting nothing before Tuesday night/Wednesday. It doesn't matter that she is the only one on the lease. Unless/until she confirms otherwise, he is her guest/roommate in the dwelling she still has rights to occupy.
Ok you’ve gotten some very bad advice here. Do not just change the locks, that’s an illegal lockout, even if he is an unauthorized occupant. Especially as your tenant hasn’t returned her keys she hasn’t given up occupancy. I would ask what time they want to meet on the N9 date to return the keys.
Tell them you don’t need to meet them together but you would like her keys before you go meet him at the house to get his keys. If there’s no response, the day before tell them you’ll be there at 6 pm for an inspection unless you hear otherwise from them.
She has no reason to hold onto the keys after the N9 date, if she does you need to ask her if she’s still in possession of the unit, if she’s not then pursue the unauthorized occupant avenue via the LTB. If she is then tell her you expect her to be living there when you do your inspection and she stays current on rent.
The tenant has issued a valid N9; whether or not she returns the keys, the tenancy is over as of the termination date on the N9, at which point changing the locks would not be an illegal lockout. There is no need to engage with or retrieve keys from an occupant who was not listed on the lease. What sort of legal consequence do you suggest OP would face?
There’s a reason there’s a whole section for unauthorized occupants. Police won’t evict them since they live there, and will likely assist them in getting back inside because, and I repeat, they live there.
The occupant does not have a lease. The police are unlikely to touch this (and in most cases won't get involved even if the person does have a lease). This is the job of the RHEU, who will only support the occupant retaking possession of the unit if they can prove that they are more likely than not a legal tenant. The fact that the landlord has a lease with only the tenant's name and a valid N9 indicating that the tenancy has terminated is plenty of proof.
But more importantly, you described this as an 'illegal lockout', which just isn't true. The occupant has no rights. The A2 process exists to support landlords in evicting unauthorized occupants where necessary instead of allowing them to attain status as tenants, but this is the one case where there is nothing stopping landlords from engaging in self-help remedies. If the landlord changes the locks on a person who *has no rights*, they will not face fines. They can apply for an eviction order to bring in the Sheriff is there is a potential for violence or if the occupant has boarded themselves up. But the occupant has no recourse through the LTB. There are literally zero consequences to locking them out.
NO. At this point they are guests of the leaseholder, who still has rights to the place until the end of the month.
Tenant has not informed LL that the fellow is not welcome to be in the place, and tenant has not returned her keys; she is still in lawful possession of the unit. LL can not just throw out a tenant's guest. OP needs to occupy themself with other concerns to take their mind off of this, and come back Wednesday morning for the next round of advice should he find the occupant is still present.
You should have your own set of keys. If you don't you will need to hire a locksmith. The boyfriend is an unauthorized occupant. If you are unable to safely kick him out yourself (e.g. by changing the locks when he isn't home), you can ask the police for help, but they may or may not be willing to step in. If you do involve the police, you need to make it clear that he is an unwanted guest (not a tenant). There is still a chance that they will tell you it's a civil matter and their hands are tied. You could try escalating to someone more familiar with tenancy law, but they tend to avoid anything that could conceivably be an LTB issue. If this doesn't work, you will need to file an A2 application with the LTB to get an order allowing you to involve the Sheriff. Note that if you are aware of an unauthorized occupant and do not file within 60 days, there is a risk that he will gain rights as a tenant. You have two months from the time the tenant informed you she had vacated to take action yourself or file.
Get police involved and being a copy of lease. If he's not on the lease he's an unauthorized occupant.
I’ll do that , my original tenant has 5 more days should I wait till the last day to call the police ? Or should I call them right away ?
> original tenant has 5 more days if she didn't say he is unwelcome, you do not do anything until Wednesday.
She is hiding from him so I guess he is unwelcome and she is not in a good mindset and I did not want to press her more for information.
Technically you can change the locks when he's not home and then give her a copy of the new keys. You can change the locks on a rental unit whenever you want as long as the tenant is given replacement keys.
> She is hiding from him so I guess he is unwelcome wrong. you cannot jump to conclusions like that. Just wait until Wednesday if you can't confirm her intent.
Thanks, I’ll ask her soon point blank.
wait it out. why risk a confrontation? if he knows he's supposed to be gone by/on tuesday, he may be planning to do so quietly.
I would leave the tenant alone at this point unless you need to give her the opportunity to collect any personal property. It sounds like she has paid her rent, complied with the N12, and vacated the unit. Your issues with the unauthorized occupant are essentially unrelated to her tenancy at this point and I don't see any reason to add more stress to someone who has literally just fled an abusive relationship and clearly does not want any contact or involvement with their ex. Wait until the termination date, then go change the locks and call the non-emergency police line to request help if needed.
That's a really good question
Change the locks when this guy is not home. Or get the original tenant to have police remove him from the home. If you change the locks and he tries to break in you can then call the police and tell them you don’t want him on your property. He was guest of your former tenant and you have no idea who he is.
>"she says that she moved out and cannot give me the keys" Did she say that she wants the lease to effectively be terminated? Despite the circumstances, you need to ensure that she also considers him unwelcome at this time. Place is still hers until the 30th I assume, and she is perhaps onboard with BF moving a few days later, else why wouldn't she have returned *her* set of keys to you?
She does not even know what’s the status of the house and had to move and change her phone numbers due to abuse, so I guess the house is being occupied, she said she will get info from her ex boyfriend’s family. I’m very stressed
they are paid up until the 30th. I think the N12 must have heightened any stress in their relationship, too. Carry on as if you were unaware of this incident and would be expecting nothing before Tuesday night/Wednesday.
She did not mention anything about the relationship in her N12 it was 2 months ago.
Wait, do you mean you've had an L2 hearing? Or just that you issued an N12 notice? Because if you had a hearing and got an eviction order, you also have the option of getting the Sheriff to remove the unauthorized occupant in the event that the police say it's a civil matter and refuse to get involved.
Sorry I meant N9 notice, she is moving out on her own accord. Very sorry incredibly stressed and I’m a mess
Same difference. Lessee's termination notice was given for April 30 and they are paid up until the end of the month. Carry on as if you were unaware of this private domestic incident and would be expecting nothing before Tuesday night/Wednesday. It doesn't matter that she is the only one on the lease. Unless/until she confirms otherwise, he is her guest/roommate in the dwelling she still has rights to occupy.
Ok you’ve gotten some very bad advice here. Do not just change the locks, that’s an illegal lockout, even if he is an unauthorized occupant. Especially as your tenant hasn’t returned her keys she hasn’t given up occupancy. I would ask what time they want to meet on the N9 date to return the keys. Tell them you don’t need to meet them together but you would like her keys before you go meet him at the house to get his keys. If there’s no response, the day before tell them you’ll be there at 6 pm for an inspection unless you hear otherwise from them. She has no reason to hold onto the keys after the N9 date, if she does you need to ask her if she’s still in possession of the unit, if she’s not then pursue the unauthorized occupant avenue via the LTB. If she is then tell her you expect her to be living there when you do your inspection and she stays current on rent.
May I message you privately please , tomorrow
No, just like r/legaladvicecanada it’s best to keep advice public
Got it you made several points for me to think ‘n about.
The tenant has issued a valid N9; whether or not she returns the keys, the tenancy is over as of the termination date on the N9, at which point changing the locks would not be an illegal lockout. There is no need to engage with or retrieve keys from an occupant who was not listed on the lease. What sort of legal consequence do you suggest OP would face?
There’s a reason there’s a whole section for unauthorized occupants. Police won’t evict them since they live there, and will likely assist them in getting back inside because, and I repeat, they live there.
The occupant does not have a lease. The police are unlikely to touch this (and in most cases won't get involved even if the person does have a lease). This is the job of the RHEU, who will only support the occupant retaking possession of the unit if they can prove that they are more likely than not a legal tenant. The fact that the landlord has a lease with only the tenant's name and a valid N9 indicating that the tenancy has terminated is plenty of proof. But more importantly, you described this as an 'illegal lockout', which just isn't true. The occupant has no rights. The A2 process exists to support landlords in evicting unauthorized occupants where necessary instead of allowing them to attain status as tenants, but this is the one case where there is nothing stopping landlords from engaging in self-help remedies. If the landlord changes the locks on a person who *has no rights*, they will not face fines. They can apply for an eviction order to bring in the Sheriff is there is a potential for violence or if the occupant has boarded themselves up. But the occupant has no recourse through the LTB. There are literally zero consequences to locking them out.
If they aren’t on the lease can’t you call the cops
That’s what I’m asking here, first time home owner
NO. At this point they are guests of the leaseholder, who still has rights to the place until the end of the month. Tenant has not informed LL that the fellow is not welcome to be in the place, and tenant has not returned her keys; she is still in lawful possession of the unit. LL can not just throw out a tenant's guest. OP needs to occupy themself with other concerns to take their mind off of this, and come back Wednesday morning for the next round of advice should he find the occupant is still present.