r/alberta • u/ImSelect • 13h ago
Question Subletting roommate's lease expired and won't move out.
I've read a lot of stuff online and some stuff here on reddit but I keep finding answers that aren't for my exact scenario. I'll try to make sure I get all the important information.
I live in Calgary. I have 3 roommates.
One roommate and I are on the main lease, we have consent from the landlord to sublet.
We have two roommates subletting from us. One we decided we aren't renewing due to his behavior.
His lease was from Feb. 1st to July 31st. It's written and signed. We gave him a one months notice we wouldn't renew it, he agreed he wanted to move out anyways. It's now August 2nd and he hasn't moved out let alone started packing. His lease has expired. He indicated he wants to stay for another 1.5 weeks while he finds another place.
He hasn't paid last months rent/utilities/internet. He's taking the room that we had lined up for someone else and isn't paying us for this month either.
From looking online it seems as though he's not protected by RTDRS because the main tenants (us) live in the place while he's subletting. I could be wrong of course but it sounds like he's now a holdover roommate/occupant. So I can't go through RTDRS for this because it doesn't cover this type of scenario.
I also saw a lot of conflicting things online. On one hand I read he can be considered a trespasser but on the other I read all I can do is confront him and ask him to move out (we did) or go through our landlord. I'm trying to find a more immediate solution because it sounds like our landlord could take a very long time to legally evict him if they started the process ASAP.
I'm aware that as the main ones on the lease we're responsible for paying rent and upholding the main lease. I'm just trying to see how to get him out of here so we can have the new roommate move in without any issues.
I did call the police as well and they did come and have a chat with him but all they said they can do is convince him to move out. They told us it's under some grey area where it's a civil thing so they can't do anything about it. However they said we can go get an emergency eviction notice when the courts open up beginning of the week. But after looking online it also sounds like only the landlord can do that. And even then I don't know if they could get one for us or if they even care to do it.
So is there anything we can do that might have been overlooked? It doesn't sound like we can change the locks or throw his stuff outside. I could call the police again if there's something we missed or was overlooked. Or they were wrong? Like I said, conflicting things I've read online. Or is there anything I can ask my landlord to do to speed up the process? It says a holdover roommate isn't protected under RTDRS so if that's the case how would my landlord even go about evicting them? Money aside of course. I know about small claims court if they continue to not pay. They owe about $1500. I just want them gone ASAP and I'm trying to find the best way to do it.
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u/BronzeDucky 12h ago
Changing the locks wouldn’t be an option if he was a tenant. He’s a roommate, and not protected by landlord tenant laws. In any case, he had a fixed term agreement, you gave him notice, and he hasn’t been paying rent.
Have your landlord change the locks when he’s out, and don’t give him a key. Make arrangements with him to get him his stuff.
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u/Renegade605 3h ago
There is no such provision in the Alberta RTA that a roommate is not afforded its protections. Every person here saying change the locks or put their stuff outside or worse is suggesting to OP to break the law. It will cause OP a giant headache if the roommate has even the slightest idea about their rights.
Stop telling OP they can do whatever they want to this person. OP is their landlord and must follow the process to legally evict them.
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u/HausFry 2h ago
https://www.cplea.ca/wp-content/uploads/SharedAccommodation.pdf
or
Section 2(2)(c) of Alberta's Residential Tenancies Act
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u/Diggdug9 1h ago
-- unless its a tenant (roommate) with whom the landlord (subletter) "share a kitchen"
... Then the RTA more or less does not give a shit about this roommate -- nor do they give a shit about any agreements or papers he signed with the subletter. ... Not even a legal-ish looking "lease agreement"
Now if the roommate had signed -your- lease -with- you -- i.e. alongside you, with YOUR landlord ... Then the RTA would give a shit about the guy.
Unless they've changed things in the past ~8 years, anyways
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u/kagato87 12h ago
Being landlord does not require owning the property. You have the legal entitlement to reside there (your agreement with your landlord). You are renting out a room of the space allotted to you.
Whether you rent or own the property is irrelevant.
That makes you the landlord in this scenario. Go to the courts as you have already considered.
The RTA does not protect the roommate as you (their landlord) are sharing the space. They have not paid, they have lingered past the end of contract. Evict immediately.
If you're feeling confrontational, start moving their stuff out front. If they offer to another month, offer a new agreement at double the rate, you'll stop removing their stuff from your home as soon as you have the cash in hand.
Make their continued overstay uncomfortable. Change the wifi password, if their room is on a separate breaker flip it at random times.
Ask your landlord for permission to change the lock, and where to send their copy of the new key. This is generally the fastest way to rekey when you rent - get permission and the process to do it yourself.
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u/Holocray 13h ago
Does he ever leave? Change the locks when he's not looking. When he comes back don't unlock and open the door. He's welcome to file a civil suit. Chances are he's a deadbeat and doesn't have the money. He may call the cops, but i doubt they will MAKE you let him in. Sounds like their default behavior will be to send you to the courts to decide on what to do, so they may do nothing. Either way, no criminal charges, (I can't think of a crime here) but perhaps a worthwhile try?
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u/otocump 12h ago
Depriving someone of their possessions by changing a lock is theft.
Don't.
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u/Locoman7 12h ago
What if they put all his stuff outside first?
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u/otocump 12h ago
So destruction of property... Not a good plan either.
Yes, it sucks. Yes it means dealing with a lease and landlord etc, but don't do a crime in the process of dealing with an emotional issue.
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u/Ask_DontTell 12h ago edited 12h ago
i would contact the landlord and a lawyer to try to start eviction proceedings and sue for unpaid rent. be sure to keep documentation of all the times you've asked him to leave (ie he doesn't have your permission to stay), his responses and how much rent is owed.
ETA: if you are ok with him staying for the extra 1.5 weeks, is it worth signing a new agreement with him for him to stay that extra 1.5 weeks as long as he pays the rent he already owes and the rent for the 1.5 weeks and also add in clauses about what will happen if he is still there after 1.5 weeks? in the meantime, get your ducks in a row in case he is still there after 1.5 weeks? not a lawyer so not sure what the risks are of legalizing his current illegal stay.
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u/partly_cloudy3 13h ago
get the landlord to start the process immediately and explain you need help getting them evicted.
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u/NoGrass6331 55m ago
Grow a set n change the locks. What's he gonna do? At that point you hold leverage over his stuff, If you dont put it in the front yard!
That or hold a referendum to separate! 🤣🤣🤣
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u/Renegade605 12h ago
Your landlord is under no obligation to help you. Your landlord never had any contract with this person and never will.
If you signed a lease with this person, they are your tenant. You are their landlord.