Hi had a question, I am a home owner and i have a roommate, now things have been on the bad said due to out side damages. I warned him if he doesnt pay the price for the damage that i will evict him when rent is due. Now he says I have to give him 2 months notice but he has no contract, reciepts and his ID is still registered to his parents house, not mine that his currently living at.
Thanks Kirk. If this is accurate then the usual notice periods required under the Residential Tenancies Act do not apply to you. Even if they did, a notice for Damage Form N5 is 20 days with the tenant requiring to repair or pay to repair within 7 days after the service of the Notice. The 60 days your roommate is referring to is the non fault notice period that a tenant must give a landlord to terminate a monthly tenancy.
In Ontario, a landlord is not allowed to terminate a tenancy on 60 days notice just because they want to. A landlord must have cause to terminate or meet the specific conditions in the RTA for not for cause terminations.
As such, your relationship is governed by the contract between you. Your contract can be written or oral. In the absence of any terms dealing with termination i.
What is reasonable will depend on the circumstancesfor example, if you caught the guy doing something seriously illegal in the house no one would question immediate eviction without notice i. For less serious things you have to ask your self what is reasonable. You can use, as a guide, the timelines under the Residential Tenancies Act--though of course you are not bound to them in any way. For negligent damage the RTA contemplates Notice of 20 days.
