i believe i have been given a notice of eviction wrongfully.
i signed a standard ontario lease. i do not share anything with my landlord. i live in a basement with a room mate and the land lord and his family live above, seperate everything. on my lease i signed for 'basement unit bedroom 1' and i assume my room mate did for 2.
in short(ish), my room mate hates my boyfriend. theyve never spoken, interacted, barely even see each other. she just hates him being over. she claims he lives here, he lives in another city and has never been over for more than half the month and def not all at once. he usually sleeps over about 5 days a month now, has visited during the day this month about 7 times due to holidays. and then he will be gone for another month or so. my room mate has told me to not have him over. ever. she says he lives here. ive explained that he does not live here, and i have made so many compromises to make her comfortable. he never ever went in any room other than when he walks to the washroom to use the toilet. wed made sure she never was anywhere where hed go. we are very quiet. when i say hes staying over my room mate has responded okay or no answer. i believe she went to the landlord and told him he was living here and invading her privacy and safety. he argued reasonable enjoyment breach. i argued back that it is not reasonable, my boyfriend is very respectful and has never even looked at her. i was made out to be in the wrong no matter what i said.
my boyfriend wasnt over for a month, hes visited during the day this month but never stayed over. i texted my room mate every time hes ever been over. no resposnes from her at all. a few days ago, for the first time EVER we were sitting on the living room couch. the room mate opened her bedroom door, saw us and closed it. texted me asking if my boyfriend could go to my bedroom so she can go to the bathroom. i said she can go to the bathroom. she waited, saw us still there, clsoed the door again. and i assume texted the landlord blowing up the situation because this was on my eviction notice as making her very uncomfortable and a breach of her privacy. we were sititng on our phones. she was fully clothed, never even used the washroom, she was on the phone in there.
an n5 was slipped under my door with the reasons above. as well as that i make too much noise at night. i have never once been spoken to about noise and therefore i had no idea i was even bothering anyone. funny that my noise was grounds to evict me but the landlord waking me up at 7-8 am almost every day occasionally was just me being unreasonable. also i am imparing the landlords interest because of all this. and it also states that apprentally my boyfriend wrongfully stayed in spaces for prolonged periods of time (literally never ever more than an hour, not even close) other than my room and that he is wrongfully using the shower (does not shower, has once or twice early on) kitchen (has stood in there while i cooked before) and bathroom (im sorry he has to pee??? is it not insane that apprentally my guests cant EXIST in MY HOME?????)
might i also add: landlord has entered many times without a 24h notice and, at least to my knowledge no go ahead from me or the roommate. he entered once while i was asleep and i brought this up and he denied it. i told him he needs to give a 24h notice and he told me he knows his rights. i told him days ago the toilet needed to be fixed, he said he doesnt want to make me uncomfortable so he will come in the next day. he did not come in the next day. i texted him, no response. texted him 2 days later, no response. today he shows up without telling me, with his wife and my roommate. none of them at all texted me what was going on whatsoever. they fixed the toilet, slipped the n5 under my door, and started whispering about me and 'good cop bad cop' and things about me and disrespect. got a text that the toilet is fixed.
i do not know what to do in this situation. i tried so many times to compromsie for my roommate, but i believe it is my right to have my boyfriend over. he has never reasonably upset her, it was stated before i moved in that yes it is a female only LIVING here, but we agreed i could have my boyfriend over. my roommate has told me i can not have people over. she said it about other female friends. i ask every time, she never says anything is wrong at all. i feel i am being very targetted and it feels as though every one is TRYING to evict me. lack of communication in so many ways from everyone and ive just been trying to compromise without ruining my own enjoyment. never once has my reasonable enjoyment been in question, always hers. if i bring mine up, its suddenly that my boyfriend is endagering safety and privacy. if i was told i couldnt have my boyfriend over, i never wouldve moved in. i have been abiding by the law and the lease and feel as though both the landlord and the roommate have not
what can i do here? i have 7 days where i have to 'correct my behaviour' (not have my boyfriend over ig) and if not the landlord will go to apply to evict me. my bfs dad said he has no grounds to really evict me. i have lots of proof of my side of things. apprentally my behaviour is making the other tenant move out, but i dont know, i have only heard one sentence on the n5 about this and nothing else at all. i dont want to talk to the landlord directlyl right now becasue when i did in the past he completely ignored what i had to say and kept siding with my roommate and basing things on accusations that were not true- but when i said this i was pretty much ignored. i do not believe my room mate is being reasonable. she has i need to not have my boyfriend here, and if she doesnt get that, then there is no other solution. no matter what else i do. i cant really move out, this place is pretty much the only decent one i can afford. im scared i will be evicted. this is my first time renting, my landlords first time being a landlord. i was thinking maybe of printing out all the proof of my side i have, the explainations, the laws around the situations, and giving it to the landlord. am i in the wrong here? what steps should i take from here?
Main Legal Issues:
Breach of lease terms regarding guest policy and reasonable enjoyment.
Potential wrongful eviction based on unfounded accusations.
Landlord's failure to provide proper notice before entering the premises.
Questions Answered:
The landlord may have grounds to evict you if your boyfriend's presence is considered a breach of the lease terms, specifically if it affects the other tenant's reasonable enjoyment of the property. However, if you can prove that your boyfriend's visits are infrequent and non-disruptive, you may have a defense against the eviction.
It is crucial to gather evidence of the actual situation, such as text messages, witness statements, and any relevant documentation, to support your case. Presenting this evidence to the landlord may help clarify the situation and potentially prevent an eviction.
Discussing the situation with a lawyer specializing in landlord-tenant disputes can provide you with legal advice on your rights, potential defenses, and the best course of action to take in this scenario.
Potential Strategies:
Document Everything: Keep a detailed record of all interactions with your roommate and landlord, including text messages, emails, and any incidents that may be relevant to your case. This documentation can serve as evidence to support your position.
Seek Legal Advice: Consult with a lawyer experienced in landlord-tenant law to understand your rights, potential defenses, and the legal options available to you. A legal professional can provide guidance on how to proceed and represent your interests effectively.
Negotiate or Mediate: Consider engaging in a mediation process with your roommate and landlord to address the issues and find a mutually acceptable solution. This approach may help resolve conflicts and prevent further escalation.
Things to Discuss with a Lawyer:
Lease Review: Have a lawyer review your lease agreement to determine if there are any clauses that may support your position regarding guest policies and reasonable enjoyment.
Legal Rights: Discuss your legal rights as a tenant, including protections against wrongful eviction, privacy violations, and landlord entry without proper notice.
Eviction Defense: Explore potential defenses against the eviction notice, such as disproving the allegations made by your roommate and landlord or demonstrating compliance with lease terms.
Always consult with a lawyer.
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