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- Roommate Agreement
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Q: I recently rented a large home. I am the only tenant on the lease and the only one the landlord wishes to have any dealings with.
I advertised on Craigslist under rooms/ shared for others to share the home. I found 3 house mates. It has not been working as planned. The two other women in the home are leaving in a peaceful and friendly manner in agreement that it was a trial and not working as we hoped. Out of courtesy I gave them all one months notice. The man in the house is refusing to leave and says he will stay as long as he wants. I know he sees himself as a sub-tenant with tenants rights. Because it is a 7 bedroom home, the landlord said I could have room mates, but I am to be their only tenant. There has been no written agreement with the room mates and no written permission from the landlord to take on sub-tenants. It has always been my intention that this is a home I share with others, not a home where I rent out rooms. There are no locks on the individual doors. This is a shared home. The man got a larger bedroom for his private space because of the amount he is contributing toward rent. I did take a deposit from him up front that was half of what we agreed he would pay. I also want the room he is sleeping in for my own use now. My question is: Does he have tenants rights, or is he classified as an occupant?... or do I have to give him 2 months notice on the grounds that I want to occupy the space as my own?

Thank you for your help.
A: Tenants, co-tenants, tenants in common and occupants are spoken of in the RTO Policy Guideline found at http://www.rto.gov.bc.ca/documents/GL13.pdf If you've taken a deposit from the fellow you want to move out, you can easily anticipate him arguing he is somehow covered under the Act. In such an argument, in my experience, what was agreed to becomes fuzzy. Dispute resolution officers don't like to get involved in these things because they get complicated quickly, the parties are frequently antagonistic at the dispute stage, and any directive or order is hard to enforce. You picked the wrong guy, obviously, which shows the 'HOH' (as in the reality TV show) should be just as diligent as a landlord in whom he chooses to keep in the game. Call the RTO phone lines and explain your situation in more detail, and I'm positive there is more detail.


 
 

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