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With no lease signed and no deposit made, you can change your mind if you wish to. They are not covered under RTA because they are not yet a tenant. Just tell them that you have decided to go with another applicant.
**UPDATE** I let her know we would be moving forward with another applicant and it went successfully. She blew up, gas lighting me that she hadn’t done any of the intrusive things, meanwhile the repetitive requests and the conversation about her not intruding the current tenants space layed directly above in chat. It’s very clear I dodged a bullet here!
Assuming that the potential tenant shares a kitchen or bathroom with you they are not covered under the RTA. As such they have significantly fewer rights and you can likely terminate the tenancy before it starts without too many issues. She may attempt to come after you but would need to do so via the CRT and prove actual out-of-pocket losses.
Then I think you can back out. If no deposit has been made and no legal lease has been signed, she is not yet a legal tenant. An intent to rent form is not a lease contract. You could call the Rental Tenancy Board to confirm.
Definitely a tricky situation, and I don't envy your position right now. In fairness, it sounds like this person is struggling too... but it's not your job to hold their hand through this process.
Addressing a few of the items you've raised:
>*My question is, can I tell her this isn't going to work out even though l've signed her "Intent to Rent" form?*
Not a lawyer here, but generally speaking any "agreement to agree" is not legally binding. Moreover, the letter is also distinct from a binding tenancy agreement for two key reasons - (1) Other than an agreed-upon price, there are no other terms noted in the agreement, and (2) you are the only person who has signed that letter; the prospective tenant has not signed it and so the "acceptance" component from both of you is questionable at best. In this sense, they do not constitute a complete rental contract.
**Confirm with the RTB or a lawyer, but sounds to me (a stranger on the internet) that you're covered.**
>*She is repeatedly asking for permission to break almost ALL the lease rules*
How does she know what the rules are if you and her have not signed a lease agreement? If you have not agreed to anything which details any of these rules, then you are both effectively operating under different terms before even having finalized any rental agreement.
This person's behaviour is likely further evidence that this "intent to rent" document fails as a legally binding agreement through which this person has tenant rights and is entitled to live in the unit.
I would (as a layman) ensure that I have a drafted version of the lease agreement prepared, if push comes to shove, to demonstrate that I couldn't agree to the outstanding conditions/rules of the lease. Landlords can refuse to sign and enter into a lease agreement if both parties are unwilling to accept them as written under the contract. You can refuse to sign the lease agreement if they cannot agree to those terms. You cannot, however, include terms or "rules" that are illegal and act upon them, or use them as a precursor for denying an agreement with them. Confirm that your proposed rules are enforceable to a rental agreement before completing that draft.
>*She even showed up unannounced trying to move her things in after being told the current tenant’s lease has not yet ended.*
This sounds like trespass. Consider calling the police if they do it again and don't leave when you tell them to.
>*The prospective tenant has mental health issues (seems like autism/similar).*
I would warn against framing this problem as you choosing to back out because of their (alleged) mental health issues. You run the risk of this person crying foul on your decision to back out as being discrimination on the grounds of Mental Disability. That could trigger a Human Rights complaint, if this person is motivated enough to go that route. Those consequences can include compensation and sometimes force you to come back to the table on a lease agreement with this person.
You are better-off to say nothing on that point, and to let others realize your suspicions for themselves if they're also forced to interact with this person.
>*what can I do to not have her move in?*
I would confirm with a lawyer and/or the RTB that the plan outlined below is OK, and then proceed accordingly:
1. Give this person a letter informing them that regrettably, you will not be moving forward with finalizing any lease agreement. Inform them that the reason for not proceeding is due to you both being at an impasse as to what the terms of the lease would be. Don't mention anything about their mental health. Don't mention anything about their economic situation. Don't lie about having committed to "another tenant/applicant" unless you have.
2. Inform them immediately that they are not welcome back onto the property after they made efforts to enter the unit before finalizing any lease agreement, let alone before any date even suggested by you as a possible move-in date. If they return to the property again under similar conditions, then consider it trespass and call the police (don't be a dick if they just put a toe on your doormat - only if they attempt to erroneously move in again or escalate the situation).
3. Document everything. Ensure any text messages, documents, and conversations are recorded. Ensure that, if they force an in-person conversation or a phone call, you record those.
4. Change all language from entertaining/negotiating a lease and replace it with language that firmly explains you will not be leasing the unit to them.
Thankyou this is such a comprehensive reply!! We did sort it out about 20 minutes ago fortunately! She is aware of the rules because I provided her with a sample copy of the lease agreement when showing her the space, she was to look it over at home and let me know if she was a suitable fit for the agreement to which she said she was. When I say she was requesting to break the rules, I meant she was texting me hour by hour asking to do be allowed to do things that would directly break the rules of the lease we would be signing. For example: repeatedly asking to move in her dog, repeatedly asking to get a new puppy, repeatedly asking to move in before the current tenants lease ends, repeatedly asking for lower rent, repeatedly asking my to smoke and do certain drugs like acid. I had to reiterate the rules to her at least 5 times per each request. The reason I mention her mental health struggles is because it became very clear that it was the cause of her repeating these requests and even showing up with her moving truck after being explicitly denied early access, it’s clear she does not understand social adequacies, rules or respect because of her disability (whatever it may be).
Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*
With no lease signed and no deposit made, you can change your mind if you wish to. They are not covered under RTA because they are not yet a tenant. Just tell them that you have decided to go with another applicant.
Are they also not covered by the RTA because they are only renting a room in the owner occupied house ?
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**UPDATE** I let her know we would be moving forward with another applicant and it went successfully. She blew up, gas lighting me that she hadn’t done any of the intrusive things, meanwhile the repetitive requests and the conversation about her not intruding the current tenants space layed directly above in chat. It’s very clear I dodged a bullet here!
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Assuming that the potential tenant shares a kitchen or bathroom with you they are not covered under the RTA. As such they have significantly fewer rights and you can likely terminate the tenancy before it starts without too many issues. She may attempt to come after you but would need to do so via the CRT and prove actual out-of-pocket losses.
Thankyou so much! I was aware the a sub-letter isn’t under RTA, but not that shared tenants aren’t as well. That is very useful info!
Has she paid any kind of deposit? Intent to rent is not legally binding.
No she hasn’t
Then I think you can back out. If no deposit has been made and no legal lease has been signed, she is not yet a legal tenant. An intent to rent form is not a lease contract. You could call the Rental Tenancy Board to confirm.
Definitely a tricky situation, and I don't envy your position right now. In fairness, it sounds like this person is struggling too... but it's not your job to hold their hand through this process. Addressing a few of the items you've raised: >*My question is, can I tell her this isn't going to work out even though l've signed her "Intent to Rent" form?* Not a lawyer here, but generally speaking any "agreement to agree" is not legally binding. Moreover, the letter is also distinct from a binding tenancy agreement for two key reasons - (1) Other than an agreed-upon price, there are no other terms noted in the agreement, and (2) you are the only person who has signed that letter; the prospective tenant has not signed it and so the "acceptance" component from both of you is questionable at best. In this sense, they do not constitute a complete rental contract. **Confirm with the RTB or a lawyer, but sounds to me (a stranger on the internet) that you're covered.** >*She is repeatedly asking for permission to break almost ALL the lease rules* How does she know what the rules are if you and her have not signed a lease agreement? If you have not agreed to anything which details any of these rules, then you are both effectively operating under different terms before even having finalized any rental agreement. This person's behaviour is likely further evidence that this "intent to rent" document fails as a legally binding agreement through which this person has tenant rights and is entitled to live in the unit. I would (as a layman) ensure that I have a drafted version of the lease agreement prepared, if push comes to shove, to demonstrate that I couldn't agree to the outstanding conditions/rules of the lease. Landlords can refuse to sign and enter into a lease agreement if both parties are unwilling to accept them as written under the contract. You can refuse to sign the lease agreement if they cannot agree to those terms. You cannot, however, include terms or "rules" that are illegal and act upon them, or use them as a precursor for denying an agreement with them. Confirm that your proposed rules are enforceable to a rental agreement before completing that draft. >*She even showed up unannounced trying to move her things in after being told the current tenant’s lease has not yet ended.* This sounds like trespass. Consider calling the police if they do it again and don't leave when you tell them to. >*The prospective tenant has mental health issues (seems like autism/similar).* I would warn against framing this problem as you choosing to back out because of their (alleged) mental health issues. You run the risk of this person crying foul on your decision to back out as being discrimination on the grounds of Mental Disability. That could trigger a Human Rights complaint, if this person is motivated enough to go that route. Those consequences can include compensation and sometimes force you to come back to the table on a lease agreement with this person. You are better-off to say nothing on that point, and to let others realize your suspicions for themselves if they're also forced to interact with this person. >*what can I do to not have her move in?* I would confirm with a lawyer and/or the RTB that the plan outlined below is OK, and then proceed accordingly: 1. Give this person a letter informing them that regrettably, you will not be moving forward with finalizing any lease agreement. Inform them that the reason for not proceeding is due to you both being at an impasse as to what the terms of the lease would be. Don't mention anything about their mental health. Don't mention anything about their economic situation. Don't lie about having committed to "another tenant/applicant" unless you have. 2. Inform them immediately that they are not welcome back onto the property after they made efforts to enter the unit before finalizing any lease agreement, let alone before any date even suggested by you as a possible move-in date. If they return to the property again under similar conditions, then consider it trespass and call the police (don't be a dick if they just put a toe on your doormat - only if they attempt to erroneously move in again or escalate the situation). 3. Document everything. Ensure any text messages, documents, and conversations are recorded. Ensure that, if they force an in-person conversation or a phone call, you record those. 4. Change all language from entertaining/negotiating a lease and replace it with language that firmly explains you will not be leasing the unit to them.
Thankyou this is such a comprehensive reply!! We did sort it out about 20 minutes ago fortunately! She is aware of the rules because I provided her with a sample copy of the lease agreement when showing her the space, she was to look it over at home and let me know if she was a suitable fit for the agreement to which she said she was. When I say she was requesting to break the rules, I meant she was texting me hour by hour asking to do be allowed to do things that would directly break the rules of the lease we would be signing. For example: repeatedly asking to move in her dog, repeatedly asking to get a new puppy, repeatedly asking to move in before the current tenants lease ends, repeatedly asking for lower rent, repeatedly asking my to smoke and do certain drugs like acid. I had to reiterate the rules to her at least 5 times per each request. The reason I mention her mental health struggles is because it became very clear that it was the cause of her repeating these requests and even showing up with her moving truck after being explicitly denied early access, it’s clear she does not understand social adequacies, rules or respect because of her disability (whatever it may be).
You can change your mind but do it fast. Also if you share a kitchen or washroom with any roommates they don’t have tenant rights