Last March the board changed and the Property Management changed. When the headache potentially gets this big it can be worthwhile to offer an ex-super (or tenant) the opportunity to pick up the items or even to deliver them to a new address. There is an argument, that is sometimes successful, that a tenant who became a superintendent still retains their tenancy rights when employment as a superintendent is terminated.If that does not apply to you and you are clearly superintendents from the beginning of the relationship then your tenancy rights are quite limited. I haven't heard of it referred to as a common law employee--you're just a regular employee. Further, the useful life of what was in the unit is relevant (there is a chart in the regulations to the RTA that sets out useful life), the condition of the unit when you got it matters a lot, and of course if the unit turn over is a substantial renovation and the things you allegedly "damaged" are being changed or removed anyway then it really doesn't matter what you did or didn't do.If your former employer intends to pursue you then they will probably have to sue. We sent a letter to the owner who decided not to evict or go to the rental board as our cause was well stated in our letter sent by UPS. It's definitely not a word often used when I person resigns from an employment position ("Honey, I couldn't take it anymore. I think if you are fired because of your impending surgery you may also have a Human Rights Code claim so getting advice from a lawyer (or local legal clinic) with experience in Human Rights law is also advisable. Hi: The information I provide here is with respect to rights under the Residential Tenancies Act. The board intentionally set the "stay until date" with best of intentions to afford him and his family ample time to find other accommodations, but also to ensure the residence would be vacated in enough time for us to prepare it for our use for summer camp .
Whether or not you continue to reside in the unit is a part of the terms of your employment and the RTA will have very little to say about it. The fact is that a great many apartment buildings have someone in the building who acts as a superintendent of the building. Regardless of what the law might technically allow you'll want to put yourself in the best position without needing to rely on technical interpretations.Michael K. E. Thielewww.ottawalawyers.com. Is specifically includes a rental unit that is used by a person employed as a janitor. The definition of superintendent premises is as follows (s. 2): "superintendent premises means a rental unit used by a person employed as a janitor, manager, security guard or superintendent and located in the residential complex with respect to which the person is so employed". The landlord intends in good faith to rent or provide the rental unit to a new caretaker, manager or superintendent.
If you are deemed to be just guests of your grandfather (you stayed in same unit as him I think from your comment) or perhaps deemed to be occupants but not tenants then your rights under the Residential Tenancies Act are far more limited and you will not have the right to stay after your grandfather, the tenant, moves out.With respect to getting the Supers Job. After 10 years of being the On-site Manager and a couple of new owners of the property I decided to quit my position of On-Site Manager and go back to paying rent. If your employer should terminate your employment and demands that you vacate the rental unit then you would benefit from some landlord and tenant law legal advice---there are some (though limited) ways to fight superintendent eviction cases. There was no any paperwork signed about super job, all agreements were verbal between us.
I'm going to presume that you are satisfied that the RTA applies to the circumstances you discuss and that indeed you are correct. Wecheck and change smoke detectors and often showed rental units..cleaning them when tenants moved. Is your ED a "superintendent" as contemplated under the RTA? Before you can be evicted your tenancy needs to be terminated. It would be a very rare case where the Board does not give the superintendent a bit more time to get organized and move. I trust that you are aware of those exemptions and I suspect from your statement that you were a tenant prior to obtaining employment that you are aware that having been a tenant before employment commenced likely gives you RTA protection in relation to your unit--especially if it is the same unit that you had been living in at the time of taking up the employment.
Now we left the house we was renting to buy and my husband left his job with sanitation department in florida,to find out two yrs later which is now,that he is giving my grandpa a studio up stairs and want us to leave the apartment,i asked my grandfather to speak to the landlord but he won't let me. The superintendent’s role under a construction contract, therefore, is two-fold. The Employment Standards Act 2000 is certainly relevant. Section 94 allows the landlord to bring an application to the Board for an eviction order if you don't vacate after one week. Exclusive use and possession…is sufficient to create a “tenant at will”. A court will still today recognize a duty for a person who has possession of another's property regardless of the legislative provisions--with context being everything.You are correct about the RTA not providing much clarity about superintendents. I am unsure how many of them I should be tossing at people if they are not asking specifically about such scenarios. First time he went under foot surgery and had my husband take care of the building for three months and the landlord knew and told my grandfather rge super that he would be considered for the job. Could we still call for an ex parte eviction in the absence of a written lease and without a set move-out date agreed upon? Ct. 1979). This check... From time to time clients bring me some odd leases that have been drafted, not by lawyers, but by landlords themselves. This is a very difficult topic to deal with thoroughly in an answer on a blog. Often enough, if people sign an actual employment contract that contract has a clause limiting notice to the ESA periods (because they are less). I've often advised clients that personal property that is well used and that can be easily replaced at a second hand store or easily repurchased at a big box store is likely not worth worrying about too much. In this category I would include personal items with an "heirloom" factor, photo albums, items of sentimental value, medical devices, assistive devices, and anything of clear value. Hi, Michelle here. Canton Steel Ceiling Co. v. Duffy Malt Whisky Co., 200 A.D. 306 (1st Dep’t 1922). If this is your situation (or at least the nature of the relationship between your sister and your parents) the answer may simply be to change the locks and exclude him from the home. These grounds for eviction require the landlord to be acting in good faith . He has been there 51 weeks. hi as a resident manager aka superintendent that was hired as a team, if one person wanted to leave does the other person lose their job in the process? To understand what rights do we have and how we can resolve it, Hi: Don't move out. At that time, (and again presuming that the paperwork supports the argument) you will be able to put the 90 days to the landlord and tenant board and certainly the Board will take notice of this point. You may need to download version 2.0 now from the Chrome Web Store. Landlord and Tenant Law questions answered for tenants and landlords by Ottawa lawyer Michael Thiele. We know that where the terms of a contract contradict the Residential Tenancies Act the term in the contract is deemed to be void and unenforceable (section 4 RTA). A tenant-at-will is entitled to a Thirty Day Notice before you evict him. It is a direct application to the Board to get an eviction Order. In my research, I found references to an "ex parte eviction" which could hopefully get him out in 10 days on these grounds, but I'm not too clear on how it would work.
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