OK so I'll answer some of the questions, especially since he's gone. And I'm still celebrating.
Brief description of what happened.
1) June he talked about moving out and I asked for notice. More discussions ensued.
2) August he mentioned October should be a good month to move out, so he was giving me the notice I asked for. But there was no specific date in Oct mentioned,
3) First week in Sept I asked for specific as to beginning, mid or end of month. His response was that he hadn't even starting looking, so I said end of October is fine, I was just looking for a time line.
3) Oct 30 came and I saw no signs of moving, but he told me that he'd be on vacation end of Dec. Didn't know if he'd be living in the house but wanted me to know so that I'd be able to work around the dogs. (He used to be home during the day to look after them, let them out to backyard, etc..) I stated he was supposed to be out tomorrow and he looked at me saying "end of October was only a guideline". He was advised no it wasn't but I would give him more time. But that he needs to communicate with me.
4) Oct 31 I had to ask for rent late in the evening, only to be told he didn't have any checks and would have to go to the bank the next day (Monday). I asked for post dated cheque for Nov since I'm sick of rent being late. He said fine.
5) He called when I was home from work stating there was a problem at the bank and couldn't give me money until Wed. Wed came he gave cash and stated he didn't have the money to buy new cheques so wasn't giving me a postdated check
6) Nov 3, I finally got rent and told him he needed to find a place for end of November.
7) He started saying that he wasn’t moving out, that the landlord tenant act protected him and that he’d move out when he felt like it. He had the law behind him. He was being a real Female Dog about it.
I pointed out he gave notice and he said “but I can take it back anytime”. If he was leaving the house then I’d better evict him and go to the landlord tenant board and apply to Residential Tenacy Act (RTA), put out money, etc... go talk to my lawyer friends..And btw if he was moving out he wasn’t paying rent because he’d need to give first and last at a new place. So now he’s threatening me how he’s got the law on his side, blah, blah, blah!.
So I have a friend who just went thru this same situation and the RTA didn’t cover her roommate, so it doesn’t cover him either. My Lawyer said to play nice, but through him out if he doesn’t agree to get out when I want. Anyways I got a form from the RTA site showing that we both agree on a date to him moving out and he agreed to Dec. Then as he was getting cocky about staying and how he could just do what he wants and there’s nothing I can do about it.
I pointed out that the RTA doesn’t cover him, and handed him the print out of the section of RTA, with the exception showing why it doesn’t cover him. Suffice to say his face fell, then he tried to tell me that he read it as not applying in our situation. So I pointed out he was incorrect and just to make sure I had the correct understanding I spoke with a lawyer, I spoke with the RTA people and I spoke with the local Police station and got the same answer from all three. He had no protection, I could throw him out right there and if he didn’t leave the police could be called.
Then for the last 3 days here he stomped around, in a bad mood but its his own fault. Anytime he asked why I finally put my foot down, you know he was a nice guy..I simply stated that his problems always became my problems and I was tired of it.
Now the clincher is that he called the night he was out stating the had used a couple of my plastic containers to move since he needed boxes and wanted to bring them back. Plus he forgot his work shoes here (steel toed shoes) and wanted to do an exchange next time he’s in town (Saturday)>> I said fine just drop by the house. He didn’t drop by today, so the shoes are going in the garbage and I’ll by another plastic container when I need it.
As for exception to the RTA, when tenant and landlord have a shared kitchen and/or bathroom, the RTA doesn’t apply. Not a separate unit to live in (aka apartment). Woo hoo! Love the law at times.
Sorry for the length, but I hope it answers your questions.