I have given my tenant notice of eviction

by Connie Brogan
(Ontario, Canada)

I gave my tenant an eviction notice after he and his gf (moved in and he refuses to pay the extra$250 my ad stated), had been violently fighting in my basement. I gave him 60 days to get out, I will be using the basement for my daughter now. He wants January payment, reimbursed in cash on Decmber 12th since he has chosen to move out early. I told him he would get full payment the day he has vacated the premises and the apartment has been checked and is in good standing. He is threatening legal action. I have filed an L3, should I be worried?

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Feb 26, 2012
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Get legal advice about your tenant.
by: Elizabeth Elwell-Cook

Dear Connie,

Sorry to hear about your troubles. I have been away, so I don't know if this will be of any help now, but here goes:

First, I am in Australia, so I am afraid I don't know what an "L3" is.

If your tenant has already paid bond on the premises, you should be able to use that to pay for any damage if the place is not in good order when they move out. You probably should not keep the extra month's rent in that case, but it depends on what your local laws say.

Do you have a local version of the Tenancy Tribunal in Canada?

If your tenant is threatening legal action, you have nothing to fear if you are following the letter of the law for your area. Stand your ground and do the right thing.

If the tenant becomes violent towards you, you may be able have him arrested, and seek advice about having his belongings removed.

Again, stick to the law, and you can't get into trouble. Remain polite at all times. Keep a dossier in a book with times and dates showing what both parties said if it does end up in Tribunal or court. Take photos of damage done when he leaves, if you need to.

I do hope this helps, and things don't get too scary for you!

Elizabeth.

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