Do the original tenant and the new tenant (subtenant) have to sign a written agreement? The task is when a tenant finds someone who takes care of his lease. This is a good option if a tenant does not plan to return to the property. We had a room and board tenants who went out there a few days ago without a big announcement. We had already laid her off for months and then two after she said she would not find a place in a month. She had threatened us, the roommates, and told us that we were stealing their mail; That`s why we decided to deport them. Now she asks for her rent and said she was going to bring us to justice. What are my rights here? When she left, there was no message, except that she was unpacking her pockets and leaving a mess in the room and stains on the floor. He wasn`t asked for bail. Is she right to ask for a refund of her money? I have an empty room until I can find another tenant. What to do now, write him an official letter in which he explains what will happen if he does not pay. As you rent rooms from home, you are getting closer to the innkeeper act, but it is not being followed uniformly across the province. Even within cities, it may be different depending on the police station or the group of officials you are talking about.
The first comment would never be to rent to friends or family. It can create real tension. In this case, however, current tenants are the real problem. From what you wrote, it seems that you fit the innkeeper`s law in relation to the RTA, I suppose there are common areas that are shared by the people who rent the rooms on the ground floor and maybe you? If you have two rooms there, it should be obvious that you rent both separately, otherwise you may want to make sure it is obvious in the future, and this may help ensure that it does not happen again. The question now is what is in your lease with the tenants. Since you are outside the RTA, you cannot apply the standard RTA rules for damages deposits, so this can be summed up under the terms of the agreement. If your leases indicate that they must be terminated 30 days in advance, you can probably be suspended from depositing them. If not, they may have a legitimate case to try to recover it, but it would require going through small claims and may be too difficult for them to pursue.
Again, because they must be aware that you are renting two rooms and it is likely that the lease does not mention that they have to inform them, they will most likely bluff you, in the hope that you will dig. If you rent them every month, I`ll give them this. If they leave at the beginning of April, they are still responsible for the rent in April in its entirety, but if the property is left clean and in its original condition, they will receive their full deposit. This would give you two or three weeks to market and perhaps even fill the property prematurely, return the deposit, so they have no grudges and are just a welfare solution.