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  • removal of person from home

    K the guy (who isn't paying and bills and is not legally entitled to stay) gets a letter from the lawyer saying he has 35 days from the date on the letter to get out or legal action will be taken. He is suppose to be out this Friday if not then what happens then?

    I am going there to check on the property and to make sure the dog and cat are okay on Sat. morning. If he is still there can I call the police and have him removed?

  • #2
    I think it depends on your relationship with the person.

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    • #3
      Originally posted by blinkandimgone View Post
      I think it depends on your relationship with the person.
      I am part owner of the place. My mom has had issues with him and cannot go near the place until he is gone. The letter was sent by her lawyer. I am just worried as the animals need to be let out and fed and plus want to make sure there is nothing missing or taps left on etc.

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      • #4
        Ok so, not related to him at all, but if I recall this is the guy she left which changes the situation a bit I think.

        You could call the police and ask them what your ruights are at this point. I am not sure how much of the landlord tenanct act applies to someone who isn't a paying tenant, but it is possible to evict a tenant if the owner or someone in their family wants to move in so you could try that route too. I'd call the police first and inquire.

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        • #5
          Originally posted by blinkandimgone View Post
          Ok so, not related to him at all, but if I recall this is the guy she left which changes the situation a bit I think.

          You could call the police and ask them what your ruights are at this point. I am not sure how much of the landlord tenanct act applies to someone who isn't a paying tenant, but it is possible to evict a tenant if the owner or someone in their family wants to move in so you could try that route too. I'd call the police first and inquire.
          lawyer has already said he isn't entitled to stay as he has no rights or legal entitlement to the home. I also talked to a person who actually teaches the landlord and tenant act and he said it isn't covered under that at all.

          Looks like I need to fill out change of address cards

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          • #6
            Or just show up with a bunch of friends on moving day to make sure it's moving day for him!

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            • #7
              Originally posted by blinkandimgone View Post
              Or just show up with a bunch of friends on moving day to make sure it's moving day for him!
              all his stuff will fit into the back of a pickup with room to spare, do not need that many friends LOL.

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              • #8
                Oh not to move him, just to be sure he 'gets' that he's moving. Today.

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                • #9
                  Question, is this yours or your mothers home that he is staying at? If so then when "moving day" commences if he is not gone call the police, change the locks call animal control on the pets and assess the place/ damage. Take dated pictures of everything as well.

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                  • #10
                    Originally posted by mama2bee View Post
                    Question, is this yours or your mothers home that he is staying at? If so then when "moving day" commences if he is not gone call the police, change the locks call animal control on the pets and assess the place/ damage. Take dated pictures of everything as well.
                    actually it belongs legally to both my mother and myself. When I go there on Sat I am taking the paper that shows I am legal half owner and the letter from the lawyer showing he had notice to get out.

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                    • #11
                      If he causes ANY issue don't waste a moment arguing just call the police they will make him leave and be ready to change the locks if need be. If you take pictures the day of the move out any damage or anything can be documented and claimed but if they do not have a date on them they won't stand up for anything.
                      ALSO if he is crazy and breaks back in, any damage he may do will be fully off your hands if you have the keys back/ lock changed and also if you have to involve the police. Will just cover yours and your moms behinds in a worst case scenario.

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                      • #12
                        Originally posted by standing on the sidelines View Post
                        I am part owner of the place. My mom has had issues with him and cannot go near the place until he is gone. The letter was sent by her lawyer. I am just worried as the animals need to be let out and fed and plus want to make sure there is nothing missing or taps left on etc.
                        You say 'issues' what is 'issues'? I'd be very careful in anything you do with attempting to 'man handle' him or the police maybe taking someone away and it just might not be him. Was there a relationship, now gone sour so someone is mad now throwing him out? How long was he living there? Lawyers will give lots of opinions, the only one that matters is a Judge. The person that teaches land/lord tenant stuff, I would take his opinion over any lawyers.

                        I would make sure that one, you do have a right to evict him, second, I would make sure you've done all those steps to cover your butts. I am no lawyer but to me, one letter...maybe not enough.

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                        • #13
                          The issues are here:

                          http://www.ottawadivorce.com/forum/f...her-asap-6879/

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                          • #14
                            I think if he was asked in a letter from a lawyer to leave that that is not enough to force him out. I think if he can prove he LIVES there, that you need a COURT ORDER to have him removed from the premises.... I'd look into it further before going there and perhaps making things even sticker or harder to get him removed.
                            Actually, if a lawyer wrote that letter up and sent it to him, why don't you just give the lawyers office a quick call and ask if that letter itself is sufficent enough to have him removed if he has already not yet left. (A lot of times a lawyer will send a person a letter to show the person is serious about the matter and put a flame under their butt but the letter really doesn't mean much unless it becomes a court order)
                            Good luck and I hope the kitty and puppy are ok.
                            .....do let us know how it goes

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                            • #15
                              I can't see why the RTA doesn't apply here. You have no relationship to him, and he has been given written notice. Question is, does the notice follow the RTA? I think it says 60 days notice. Your mom (his "partner") does not live there anymore, and he has not paid rent. I think you have grounds here... It might not be cut and dry, but the fact is that you are losing income (rent) since he is not paying and you have the rights to evict him, if you follow proper proceedure.

                              I suggest you call a community legal clinic. You can get free (and good) advice. They are well versed in the RTA as well.

                              Comment

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