I just signed a 12 month lease starting in May 1st with a few housemates. The landlord told us that two of the previous tenants might stay, but that we would get first choice of the rooms and they would take the remaining ones if they decided to stay.

Yesterday my landlord told me the tenant that is in my room now wants to stay and she isn't moving out of her room, however I've already signed the lease for that room!

Has anyone been in this situation before? Any advice/suggestions?

If your lease specifically mentions that room, then it is a breach of contract on your landlord's part... i.e. he rented out a room that wasn't available. You can legally get out of the contract and look for another place, if that's what you want.

Or you could push it further and either:
a) Get the landlord to cave and force this girl to move
b) Negotiate some form of monetary compensation (lesser rent) to move to a different room

what ^ said. if u need any legal advice there is the off campus department at mac that helps deal with these legal issues

Dalewood?

If the tenant is in the room with no intention to leave, which I understand to be the case, she has every right to stay and your lease is null and void. The law is on her side.

I assume you could get some sort of compensation from the landlord.

Let me tell you, though, getting out from that situation is not the worst thing that could happen to you.

Trust me, I've been there.

Best of luck.

Originally Posted by DLoukov

I just signed a 12 month lease starting in May 1st with a few housemates. The landlord told us that two of the previous tenants might stay, but that we would get first choice of the rooms and they would take the remaining ones if they decided to stay.

Yesterday my landlord told me the tenant that is in my room now wants to stay and she isn't moving out of her room, however I've already signed the lease for that room!

Has anyone been in this situation before? Any advice/suggestions?

The law is thankfully on her side in this case, though it does suck for you. Just tell the landlord you want out of the contract or compensation to choose another room, such as slightly lower monthly rent or free utilities for a few months.
I was in a similar situation except I was the girl being asked to move. I was pestered by both of my landlords and also was told by the people wanting to move in that their group would not take our house unless my room was available. Not so fun to be put in a position like that. I eventually caved.
What your landlord is doing is not okay. But, forcing her out is also not okay so I say that you should just ask for the lower rent.

Clarification on a few points:

First, the reason the current tenant has the right to stay over your right to move in is because of something called security of tenure. It is VERY hard to evict someone in Ontario and your landlord probably thought this person would just leave willingly when told rather than push the issue. You can only be evicted in Ontario for things like nonpayment of rent, damage to property or actually being a risk/disruption to other tenants. Once the current tenant's lease ends, she is entitled to stay as long as she likes -- provided she is paying rent. She does not have to sign another lease.

When the landlord told you that the existing tenants would move to other rooms and you would get first pick, that was not in his legal boundaries to do. He cannot force existing tenants out, and the fact that he was willing to should have been a red flag.

Secondly, as I understand it, the landlord in this instance has breached his contract with you by renting you a room that will not be available. This is actionable. For example, should you need to find alternate accomodations and find them more expensive, I bet you could find him liable for the difference in rent in small claims court. I highly recommend seeking compensation, whatever arrangement (same house, different house, whatever) you choose.

have you spoken to the landlord about the issue , and i agree get some legal help