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Needing Advices

CrisWe2

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Joined
Jan 5, 2010
Messages
3
Hi REIN Members,

I need your advices. I just bought my first residential property in January 29. It was on the power of sale. When I bought the property it came with a tenant. He lives on the first floor. The basement/main floor is use as an office space which I am advertising right now for rent. It is zoned M2 with a special provision of commercial use. And the zoning also stated that only one unit can be occupied by the owner/caretaker of the property.

Now, when I took over the property, I issued him the Notice to Terminate Tenancy For Landlord`s/Purchaser`s Own Use on which he has to leave by April 5. Form N12 has been dated & signed by him last Feb. 4. When I came to take the key in April 5 my tenant refused as he told me he has paid one month advance to the previous owner (who has left the country). In this case, should I as a new Landlord acknowledge this as binding agreement by him and the previous owner? That he will stay until April 30th for free? When the sad thing is I haven`t received his one month`s rent which includes the utilities and not even provided me a copy of a previous contract.

During the closing, my lawyer`s secretary has informed me that there were no adjustments about my tenant`s rent. But my tenant informed me that he has paid one month advance to the previous owner and has not provided him any receipts at all. I have requested him to provide me any documents that will show any encashments of a cheque paid to this effect which he has to show me yet this week. What should I do next?

By the way, my husband is coming from abroad and I want that we will be in our house by then. I have decided that in 15 days we will sacrifice staying in the basement until he will leave rather than we rent somewhere else. With these situation, what is the best I can do?

Looking forward to your suggestions/comments.

Elouisa T. Cainoy
 

invst4profit

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Registered
Joined
Aug 29, 2007
Messages
2,042
If the N12 was filed properly with the LTB you should now call the board and confirm it is on record. You then ask them what they advise you do.

If it was not filed with the board you need to start over.

Ignore anything the tenant is telling you as he is most likely lying. You should also serve him with a N4 for none payment of rent just in case he decides to stay indefinitely.
 
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