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Discussion Starter #1
I'm not sure where to find answers to my questions, so I thought I'd throw them out to the board.

My girlfriend moved in with me, into a house I own, last November. The relationship deteriorated and I ended it in June. I agreed to letter her stay until December while she gets her self established in her new job and looks for a place to stay (she moved here from Montreal).

We do not have a cost-sharing agreement, so she shares in no expenses for the house and I do not charge her rent. I have no problem with this, as long as she moves out in December.

Well...lately she has been telling me she does not want to move out and is insisting on paying me rent. I do not want this, and just want her to find her own place. This has lead to arguments, and I foresee it getting pretty messy.

My question is, what are my responsibilities? Am I her landlord? Should I be sending her some sort of letter indicating she needs to move out by a certain date? Also, if she refuses, what is my recourse? Do I call the cops?

Don't mean to flood the forum with my personal drama, so my apologies.

Thanks
 

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If you are in Ontario, I do not believe that Landlord/tenant laws are applicable in your situation if you are sharing facilities (i.e. kitchen, bathroom and laundry). Unless she is occupying a separate suite within the house.

It sounds like your issue is domestic.
 

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Discussion Starter #3
Hi Dana, yes I am in Ontario and she is not occupying a separate suite.

Ack. I'm not sure where this leaves me, and I'd like to have her leave as amicably as possible...Boy, I never thought it would turn out like this - that is for sure!
 

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By definition she is not a tenant and you are not a landlord. The Residential Tenancies Act defines "tenant" as someone who pays rent.

Also, the RTA does not apply (as Dana said) when you share facilities. Here's a relevant link (see the second question and answer):

http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111462.html

You are going to have to get her to leave on your own. What if you told her you would be changing the locks on XX day? This sounds extreme, but what are your alternatives? She can't "force" you to let her stay.
 

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You may need legal advice. From a family lawyer. It might be a good idea to make sure that your home is not a 'matrimonial home' since you did occupy it together as a couple. This could make things more complex.

I have a relative who separated from his wife in 2005. He rented (not purchased, like you) his own apartment with only his name on the lease. In 2007 he and his wife attempted a reconciliation for a few months. She moved in with him. When it didn't work out, he tried to get her out of his apartment and it took a long time for her to leave. The judge said that it was the matrimonial home so he would not force her out - even though she wasn't on the lease. Eventually they were so miserable that she left anyway.
 

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Dana is right... if it comes to it you can change the locks and bye bye, although that is horrible, you are fully within your rights to do so.

It sounds like you've been really nice already BTW. Break ups always seem to suck badly. I've been down this road a few times myself :(
 

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There is no matrimonial home if there is no marriage ("common-law" marriage does not count - it does not give rise to a matrimonial home).

The OP does not meet the definition of common-law marriage in any case, by any standard (either one or two years of continuous cohabitation, depending on the statute you are looking at, for Ontario): November to June is only 8 months, and then the relationship broke down.
 

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Discussion Starter #8
That was my understanding as well, Moneygal.

I want to thank everyone for their replies. I just realized that I may be able to get some sort of advice/counselling on this issue with my EAP. It never occurred to me to consult my EAP.

My first instinct was to consult some strangers on the internet! Albeit, some very nice, helpful and knowledgeable strangers. Thanks so much.
 

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I'm not sure where to find answers to my questions, so I thought I'd throw them out to the board.

My girlfriend moved in with me, into a house I own, last November. The relationship deteriorated and I ended it in June. I agreed to letter her stay until December while she gets her self established in her new job and looks for a place to stay (she moved here from Montreal).

We do not have a cost-sharing agreement, so she shares in no expenses for the house and I do not charge her rent. I have no problem with this, as long as she moves out in December.

Well...lately she has been telling me she does not want to move out and is insisting on paying me rent. I do not want this, and just want her to find her own place. This has lead to arguments, and I foresee it getting pretty messy.

My question is, what are my responsibilities? Am I her landlord? Should I be sending her some sort of letter indicating she needs to move out by a certain date? Also, if she refuses, what is my recourse? Do I call the cops?

Don't mean to flood the forum with my personal drama, so my apologies.

Thanks
To add a bit more information.

If you are on the deed as the owner of the house, she is simply a guest and you are not covered by the RTA.

You have all the legal power.
 

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The OP does not meet the definition of common-law marriage in any case, by any standard (either one or two years of continuous cohabitation, depending on the statute you are looking at, for Ontario):
Can one even prove/disprove cohabitation? Couldn't someone lie and claim that they lived together for 2 years even that wasn't the case? Conversely couldn't the other person lie and claimed that they did not live together 2 years even if they did?
 

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It would be a good idea to get legal advice. When people enter into an adversarial mode, they say and do the most surprising things.

1. Do you have a baby together or does she have a baby on her own for whom you have played a parenting role?, and

2. Is there a small business operating out of the home, or has she helped you with significant renovations?

3. Did the GF contribute any money towards your down payment for purchasing the property, before she moved in with you, even though she may not be on the title?

Answering yes is a red flag that you should proceed with caution.

I do think it would not hurt you one bit, in any circumstance, to accept that rent money. Have her pay you in the form of a cheque, and be sure to make a notation on the actual cheque of what the cheque is meant to cover "partial rent payment for month of June". Your bank (if it's one of the big six) will store a retrievable digital copy of that cheque later, should things get messy.

As for eviction, I don't know how that would work.

But (looking forward here) if you do evict or end up in possession of her belongings, be sure to take care to treat her belongings safely, and to make attempts to notify her of how to pick up those belongings -- keeping records, of course. Emails, texts, letters, registered letters.

Good luck -- sounds like you are a good guy who wants to get out of a sticky situation.
 

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I am in Alberta, so I dod not know what the law is like in Ontario, but if you have been co-habiting for longer than six months here, your status is that of common law... And as such she would be entitled to a 'divorce settlement' - I would waste no time seeing a lawyer if I were you...
 

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Can one even prove/disprove cohabitation? Couldn't someone lie and claim that they lived together for 2 years even that wasn't the case? Conversely couldn't the other person lie and claimed that they did not live together 2 years even if they did?
Even if she did lie, presumably this is easily disproven (i.e., by finding someone who will attest that she did not live with the OP prior to when she did).

And in any case, common-law marriages do not give rise to any significant obligations when there is no child, the relationship is short, and both parties were economically self-sufficient going into the relationship. There is no requirement for any division of property with a common-law relationship, and there is no matrimonial home to which both parties have rights of access and occupancy.
 

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I am in Alberta, so I dod not know what the law is like in Ontario, but if you have been co-habiting for longer than six months here, your status is that of common law... And as such she would be entitled to a 'divorce settlement' - I would waste no time seeing a lawyer if I were you...
I'm not a lawyer, but I am an Albertan; and the definition of common-law marriage has been replaced in Alberta by the concept of "adult interdependent partner." The Adult Interdependent Relationship Act was passed in 1993 and provides that (for the purposes of provincial laws and regulations) couples in a mutually dependent relationship, conjugal or not, are deemed to be adult interdependent partners after three years of living together.
 

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Moneygal has it right.

"Common law marriage" is relevant for Albertans, but for tax purposes only.

For family law purposes, it takes 3 years in a relationship for support obligations to arise. That time period can be shortened by a contract or a baby.

There are other ways that a claim against someone else's property can arise, but I doubt that any of those situations exist here, as the original poster likely would have mentioned them.
 

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Discussion Starter #16 (Edited)
Thanks Racer for your input.

Racer, the answer to your questions are all no. So I'm pretty confident that there are no support obligations on my part. The only unknown I had was if I was considered a landlord. From what I can tell, I'm not a landlord. But I will be seeking advice from my EAP.

What I'm really trying to do is figure my responsibilities in a "worst case scenario" (i.e., if she won't move out). My hope is that it won't really get that far. However, some days it looks like a possibility.
 

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the sitcom potential is dazzling.

noob can you keep a diary. You can sell this story. Direct quotes, standups, pieces to camera if you've got video. Record everything. Just don't let her ever move out.
 

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Discussion Starter #18 (Edited)
the sitcom potential is dazzling.

noob can you keep a diary. You can sell this story. Direct quotes, standups, pieces to camera if you've got video. Record everything. Just don't let her ever move out.
HAHAH! I don't think there is really a whole sitcom worth of material. I think it could be boiled down into a 10 second Seinfeld clip.

Jerry: What do you mean she won't move out?

George: She won't move out!

Jerry: Well, have you tried-

George: I've tried, I've tried!

Jerry: Just like that?

George: Just like that.

Jerry: (Bemused look, Shrug) Huh.

(sound track: bwa bwa bwaaon psh psh bon psh - canned laughter).
 

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not jerry n george. It's noob et la blonde de montréal.

how about a webcam near entrance to the living room, arrange for tv to carry it live when she arrives say after work or shopping. You can appear yourself ... dialogue ... maybe some other (old) (pre-girlfriend) friends ... introduce her to friends as the live-in maid ...

who knows, maybe she'll like the maid thing ... ooh ...
 
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