Some Myths About Ontario Tenancy Rules

by Mr. Cheap

I’m often amazed at fundamental misunderstandings landlords and tenants have about the laws governing tenancy in Ontario.  I’m not a lawyer, but to the best of my knowledge the information in this post is correct (and if any commentators correct me, I’ll make corrections in the post).  This post shouldn’t be taken as the complete rules governing tenancies (please see the Residential Tenancies Act for more information).

Myth #1:  The end of the lease is the end of the tenancy

When I was coming up at the end of my first year where I’m currently living, I found out from the women who live upstairs from me that the landlord had offered to let them move into my unit.  After I got in touch with her, it turned out her assumption was that since I hadn’t told her I wanted to sign a new lease that I’d be moving out at the end of the year.  It took repeated communication, but eventually she realized that just because the lease was coming to an end didn’t mean I had to vacate.

The default condition if neither the tenant or landlord has given the other notice of terminating the tenancy is for a fixed period tenancy to turn into a month-to-month tenancy at the end of the lease.  I’ve never actually looked into the detail of HOW to structure a tenancy such that it ends at the end of the lease (I’ve wanted tenants to stay as long as possible), but I believe there are ways to do so (I’ve had friends get summer leases where someone else has already rented the place for Sept 1st).

She repeatedly asked me to sign another years lease or move out and I kept telling her that wasn’t how tenancy laws work.

Myth #2:  Landlords can increase rent when they want by whatever amount they want

Ontario basically has a fairly tight rent control in place.  There aren’t any rules on what rent you can charge when a tenant first moves in (it’s whatever the market will bear), but once a tenant has moved in they get quite a few protections.  First and foremost the rent can only be increased once per year (either 12 months from when the tenant first moved in or from the last rent increase).  A landlord must provide 90 days notice of the rent increase, and can only increase the rent by a set percentage (which varies each year, for 2010 it’s 2.1%).

In order to provide notice of the increase, an N1 form is provided by the province with the required information.

This only applies to older buildings.  For newer buildings it is possible for landlords to increase the rent however much they want (with 90 days notice, only once per year).  [See comments for more details]

Myth #3:  Tenants can leave whenever they want

Although it can be challenging chasing down (and getting money) from tenants who violate this, tenants are required to provide 60 days written notice when they want to leave a property.

Traditionally the 1st of the month is a popular day to start (and end) tenancies, but there’s nothing magical about this date (and if a tenant wants to give notice to move out mid-month they have every right to do so).  If the landlord is providing notice of the termination of the tenancy, it must be for the day a period of the tenancy ends (end of the month for a month-to-month tenancy).

Myth #4:  Landlords can’t enter the unit

Some tenants have the mistaken belief that during their tenancy the landlord can never enter the unit.  In addition to entry for number of maintenance and clerical task, the landlord can also legally enter the unit to show it to perspective tenants.  It is even possible for the landlord to enter the unit without notice in case of emergency.

Myth #5:  Landlords can’t evict tenants

It isn’t EASY for landlords to evict tenants (there are a LARGE number of rules that need to be carefully navigated), but it can be done.  There are some weird urban legends (one popular one is that tenants can’t be evicted in the winter:  they can be).

In a post a while back a commenter left a number of comments about his “air tight” strategy for preventing a landlord from evicting him.  With respect to the commenter, I don’t think he realizes that it will actually be an arbiter deciding how the rules are enforced (not him).  He seems to expect that he can demand any and all evidence he wants from the landlord.  The relevant clause refers to good faith, which I interpret as meaning unless there is evidence otherwise the board will take the landlord’s intentions at face value.  Ultimately, if a landlord really wants a tenant out and is willing to put the time and money in to make it happen, I suspect they can get the tenants out of a property.

Given the trouble and expense involved, if it’s possible to convince tenants to voluntarily move, that is certainly better (and even if they have to be paid a bit of money, it will probably be cheaper).

Myth #6:  Withholding rent is a reasonable response to something bad the landlord does

Some tenants have the mistaken belief that if the landlord is doing something wrong, it entitles them to stop paying rent.  This isn’t how the legal system works.  Just because one side isn’t entirely holding up their end of an agreement, doesn’t give the other side immediate permission to drop their end.  Say a landlord isn’t making required repairs, the correct response is to lodge a complaint against them with the landlord tenant board, NOT to withhold rent.  If a tenant doesn’t pay rent, while the landlord may get in trouble for not doing maintenance in a timely manner, the tenant may also get in trouble for non-payment of rent (the maintenance problem won’t justify non-payment).

There are some more excellent highlights from the residential tenancy act in the comments of a previous real estate post.

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{ 50 comments… read them below or add one }

1 Andrew

Wanted to clarify myth 2.

The first part is correct, it can only be raised once per year. The second part is only partially correct. Rent control is in effect for buildings built before 1991. Any building built after has no rent control.

I went through this a couple of years ago where my landlord tried to raise the rent by 30%. I had no recourse so was forced to move.

http://www.ontariotenants.ca/law/law.phtml#Q12

2 Shank

Andrew – I believe your post-1991 building rent increases are incorrect. Go directly to the tenant act rather than a random Q&A website (Section 120 deals with rent guildelines):
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06r17_e.htm#BK142

I do not see naything in the act that stipulates pre-1991 buildings for increase in rents in ontario.

As for a landlord structuring a lease that it ends at the end of the tenancy, I don’t think there’s actually a way to do so. In your example of a summer lease, if those tenants wanted to stay after the lease expired, they would be month to month and the landlord would have been up the creek without a paddle (again from then tenant act):
When agreement void
(5) An agreement between a landlord and tenant to terminate a tenancy is void if it is entered into,
(a) at the time the tenancy agreement is entered into; or
(b) as a condition of entering into the tenancy agreement. 2006, c. 17, s. 37 (5).

3 Shank

Andrew – this is the exemption clause you refer to in the tenant act – part b of the clause you state would mean that rent increase (tenant act) guildelines are relevant because as a tenant you would be renting a ‘rental’ unit. The test is of the a,b,c parts, all must be true….since you are a tenant renting the unit for the previous 12 or more months, that makes b false and therefore the tenant act applies and the corresponding rent guideline increases:

Rules relating to rent
(2) Sections 104, 111, 112, 120, 121, 122, 126 to 133, 165 and 167 do not apply with respect to a rental unit if,
(a) it was not occupied for any purpose before June 17, 1998;
(b) it is a rental unit no part of which has been previously rented since July 29, 1975; or
(c) no part of the building, mobile home park or land lease community was occupied for residential purposes before November 1, 1991. 2006, c. 17, s. 6 (2).

4 Four Pillars

I think Andrew is right.

This page from the Ontario Ministry of Municipal Affairs and Housing site:

http://www.mah.gov.on.ca/Page6537.aspx?DateTime=633809336400000000&PageMode=View

has this question/answer:

Q7. To what properties does the rent increase guideline apply?

A7. The guideline applies to most private residential rental accommodation covered by the Residential Tenancies Act, 2006. The guideline does not apply to residential dwellings first occupied on or after November 1, 1991; nor does it apply to social housing units and nursing homes. For these units, the RTA does not limit the amount by which a landlord can increase the rents.

I have to say that I’m quite amazed by this. Admittedly, most rental buildings are probably older than this but there are a ton of new condos in Toronto that would fall under this exemption.

5 Four Pillars

Shank – where does it say that all three must be true? At the end of clause (b) there is an “or”.

And what the heck does a rental unit no part of which has been previously rented since July 29, 1975; or mean?

I can only think this might apply to an apartment that wasn’t a rental (ie the owner’s lived there) and then they started renting it out.

6 Simon

Regarding myth 4: Per the Act, Landlords still need to give written notice “at least 24 hours before the time of entry” whenever they plan to enter the tenant’s unit. So it’s not actually the case that landlords are entitled to let themselves in any time they like (although I’ve known one who believed he was!).

7 Mr. Cheap

Thanks for the clarifications guys, I do believe Andrew is correct (good catch!).

Simon: Yes, that’s correct.

8 Shank

It doesn’t say all three must be true. But it does read that if one is not true, then the residential act applies.
“And what the heck does a ‘rental unit no part of which has been previously rented since July 29, 1975;'”

I interpret that as meaning a place you own than you lease out to a third part (aka a common definition of renting a unit). And it is saying that his rental unit has not been rented since July 29, 1975 which to me is now an arbitrary date that likely had some significane in the past.

Again, I will stand in the minority that Andrew is incorrect, but unfortunately got taken for a ride by a previous landlord that likely convinced him that the rental guidelines didn’t apply to their particular situation, and Andree agreed.

9 Mr. Cheap

Shank:

It’s pretty clear to me that it’s if any one of the three is true (as Mike says, there’s an “or” at the end of section (b). Section 120 is the portion that stipulates the increase must be no more than the guideline (and this section specifically says it doesn’t apply for a building that meetings any one of these three condition).

I have no idea what b) mean either. Maybe if it USED to be a rental unit, but it’s sat empty since 1975 (or if the owner has lived in it since then)? I’m not sure…


Rules relating to rent

(2) Sections 104, 111, 112, 120, 121, 122, 126 to 133, 165 and 167 do not apply with respect to a rental unit if,

(a) it was not occupied for any purpose before June 17, 1998;

(b) it is a rental unit no part of which has been previously rented since July 29, 1975; or

(c) no part of the building, mobile home park or land lease community was occupied for residential purposes before November 1, 1991. 2006, c. 17, s. 6 (2).

10 Potato

Myth 4: Simon, after a tenant gives their notice to leave (N9) the landlord can enter without 24 hours notice during certain hours to show the unit to prospective tenants.

Entry to show rental unit to prospective tenants

(3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,

(a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;

(b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and

(c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 2006, c. 17, s. 26 (3).

As for the rent guideline increases not applying for newer buildings, that doesn’t make sense to me, so I’ll have to read a little harder later tonight — hopefully you guys will figure it out for me before I get back 🙂

11 Mr. Cheap

Potato: That’s a much better response then mine, thanks! I guess a simple way to put it would be that there are different notice requirements for different reasons for entry (such as immediate entry with no notice requirement in case of emergency and 24 written notice in case of non-emergency repairs). The links provided point to the relevant portion of the act.

12 Four Pillars

http://www.northernlife.ca/News/LocalNews/2008/01-11-08-rent.aspx

That article isn’t really proof of anything, but it would be interesting if the increase was illegal.

13 Mr. Cheap

Mike: Very interesting article, thanks for posting it! I’m sure if it was illegal the MPP quoted in the article (or a lawyer reading it in the newspaper) would have said something…

14 Sergei

With regards to Myth #2, in Manitoba it’s even worse. Rent increase guideline does not apply to:
* premises renting for $1,105.00 or more per month
* approved rehabilitated rental units (i.e. building/unit underwent a major renovation)
* new buildings less than 15 years where an occupancy permit was first issued or a unit was first occupied after April 9, 2001; and
* new buildings less than 20 years old where an occupancy permit was first issued or a unit was first occupied after March 7, 2005

I just had my rent increased last year by 8%, so I complained to residential tenancies branch. They told me there’s nothing they can do because the building was recently rehabilitated and that makes it rent control exempt for 15 years.

15 wrobb

Question: Landlord terminated my lease 1 month early (after 3 year tenancy) with my agreement as she stated she is selling the condo unit I was renting and I had to vacate for potential new owner. I suspect she is not selling but rather finding a new tenant who will pay a much higher rent than me; is this legal? Is this not ‘bad faith’? If it is illegal what recourse do I have? Thanks for any suggestions……

16 Mr. Cheap

wrobb: I’m not sure what you mean by “1 month early”. Whether she is actually selling the unit or not is something you can dig into (lodge a complaint with the landlord and tenant board if you have any evidence – http://www.ltb.gov.on.ca/en/index.htm).

Why would you want to stay if she’s trying to push you out? Doesn’t seem like that would be the nicest place to stay once you get fighting with her…

Read over section 49 of the RTA http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06r17_e.htm#s49s1 She has to give you 60 days notice, but unless you can prove she isn’t selling the unit, my understanding is that selling the unit is a valid reason to give notice.

17 wrobb

Thanks for the responses. I had no problem leaving, as you say who would want to stay where they’re not welcome, however, the written reason given for terminating my lease was she was selling. If she’s not selling then why wouldn’t she have just asked me if she could increase the rent above the allowable limit – I might have gone for it. As it is, it cost me several hundred dollars to move as the apt I’ve rented is not available for another month so I have to pay movers twice, storage for my property for a month, additional travel expenses for the month, miscellaneous extra expenses that I was not prepared for with only 60 days notice. My point is if she is not selling the unit only renting it out at a higher fee this would be a fraudulent statement from her and I feel I should be entitled to recover my out-of-pocket expenses for this move. Don’t know if I can or not but I was just curious if anyone had any info on this.

18 Mr. Cheap

wrobb: Well, if you have evidence that she moved in a new tenant at a higher rent instead of selling, and if it’s worth the fight to you, I suspect you’d have a case.

19 Gambit

wrobb:
Did you sign an N11 for (agreement to terminate tenancy). If you did, then you don’t have a case.
Selling the property is not a legitimate reason for evictions. Common reasons are:
1) non-payment of rent or late-payment of rent
2) damage of the dwelling unit or building
3) interfering with enjoyment of property by landlord or other tenants
4) too many people occupying unit beyond health/safety standards
5) an illegal act or business being conducted on premises
6) misrepresenting your income on application
7) personal use of property by landlord or direct family
As long as you haven’t done any of 1-6, they you don’t need to move. Even if you have been issued an eviction notice, it’s not automatic as it can’t be enforced. The landlord can’t just show up and throw you and your stuff out and change the locks. If you refuse to move, they need to file an application with fee ($170) to the Landlord Tenant Board, schedule a hearing and inform you. The tribunal will then decide the case based on information provided by the landlord and tenant. If you refuse to move after losing that case, the landlord can hire a sherriff and come and forceably remove and change locks.
If an owner sells, it’s usually the new owner which will issue the eviction based on reason #7 above. Providing vacant possession when selling can increase value on houses that are being redeveloped or torn down. It saves a developer from buying out a tenant since they don’t qualify for #7. Otherwise, having a long term tenant can increase value of an income property as it saves new owner expense of finding a tenant (unless you are paying way below market).
The best thing to do is continue paying rent and ignore eviction if you think you have a case. It will be up to the landlord to prove to the LTB tribunal why you need to be evicted. More often than not, it’s cheaper and quicker for landlord to “buy out” the tenant by providing moving expenses or compensation to get a N11 termination agreement.

20 carol

does anyone know about superintendents who forbid you to park in a tenants spot (with there permission because the wife has the car out at work all day) ?
I provide a service to an elderly tenant and I am only there once a week for approximately 1 hour.

21 Gambit

Is the spot designated for your client or is it a shared parking lot with randomly assigned spaces? Shared lot you can’t use.
How is the super “forbidding” your use of the spot? How does he enforce it? If he tows your car without the police, that is considered theft. He can call Toronto Police Services to have your vehicle tagged and or towed and he would need to sign with the Parking Enforcement Officer and provide his information (he may be reluctant to do this as it’s hard for him to enforce a spot that is leased to a tenant – plus it takes an hour to get a tow truck out most times). If you have a letter from your client stating your permission to use the spot, then I don’t see how they could enforce it and convict you.
Is there any clause in the lease that says the spot is only for tenant use and forbids guest parking? Usually, if there is then the matter is taken up with the tenant rather than the guest who is parking, as the source of the problem is the tenant rather than the guest. Again, enforcement of that clause is subject to Ontario Tenancy Act and must fall under reasons listed above. So in this case, they could serve eviction to your tenant possible under reason #3 and hope to scare them into compliance. They would need to list specific reasons on form including date and time of specific instances. If they decided to pursue eviction, they would need to demonstrate that the guest parking interfered with reasonable enjoyment. As it’s parking, I doubt it’s enforceable and that they would make a convincing case. On the other hand, it would be equally troublesome for your elderly client and probably worth more trouble to defend this to just to allow you park 1 hour, once a week.
Do you really want to make a big deal out of this for your client? Does your client really want to be on bad terms with his super? Just because you’re right or they can’t enforce doesn’t mean you should do it. Have you tried explaining to the super your situation. If that hasn’t worked, next step would be to contact the management company/landlord and see if they are sympathetic to your cause.
Or just pay the fee to park somewhere legally or ask the tenant to pay the fee as part of the services you provide.

22 confused

I have to move out of the province due to a job situation, i am in a fixed term lease, what are my options?

23 Question...

Our landlord put a letter in our mailbox, giving us 24 hours notice to enter the house. Should this letter not be handed to us, so that he knows we have received it? Especially since we have a postal strike going on right now, and we aren’t checking our mailbox every day. In this case, is the 24 hours still valid from when the letter was dated, or from when we received it?

24 Mr. Cheap

As far as I know it’s perfectly fine for him to put this in your mailbox (he doesn’t have to hand it to you in person). I would assume that it’s 24 hours from when he puts it in your mailbox.

Personally I also e-mail any forms to tenants (or my own landlord) to insure that it gets through (and to have a record of when and what I sent), but this isn’t required.

25 Sara

If a lease agreement includes parking, does renting out the parking spot to another person constitute a sublet? If the lease does not specify which car must be parked in the spot, can the tenant lease the spot to someone else without the consent of the landlord?

Thanks

26 Anne

Ok, this might sound like a dumb question but here goes. I’ve been the sole occupant of my apt since 1991, have had no problems in the building such as late payments, damages etc. I NEVER signed a lease or contract of any sort back in ’91 and have paid month to month. I’ve always had cats which is not a problem to have pets in my building. My balcony has always had an enclosure for my cats safety and the owners never complained or asked me to take it down. The owners both died several years ago and their daughter has been running the building for at least 8-10 years now. I’ve had the cat enclosure up for years! and this summer they decided to repair our balconies, so I had to take the enclosure down for repairs to be completed. At the time that she asked about the enclosure she asked why I had it up, I told her for privacy and for protection for my cats…all she said was ‘oh ok.’ The day I was told about repairs she said it had to come down for it to be completed and I asked her how long before I could put it back up, she told me when repairs were done. Tonight I got a notice from the superintendent letting us know all repairs were done and now we are not allowed to have anything on our balcony except a chair and table. Considering I have no lease and I have occupied the apt for 20 years can she do this? Do I have any legal recourse at all such as its interfering with my level of enjoyment? and the simple fact that she and both her parents were aware of the enclosure for 20 years! with no complaint. She’s even saying we can’t put our bikes on the balcony now…our building has no storage space for tenants either….any help or suggestions would be appreciated, thanks.

Ontario tenant

27 Dave

My daughter(university student) recently signed a lease with her landlord. The house has 9 bedrooms and all have been leased to students. This past weekend the landlord gave the girls another lease to sign where he is asking for a furniture deposit and a $50 per month charge for furniture rental. Can this be done? There was no discussion of a furniture deposit or rental when we viewed the house. Post dated cheques were provided based on the lease. If this extra costs was discussed during the initial viewing we might of looked for a cheaper unit. He is now threatening to evict any student who does not pay this charge. Can anyone provide comments? Thank you.

28 M.P.

Dave,
The landlord can’t evict the girls without grounds and since the furniture was not in the lease agreement he can only threaten to take the furniture away.

29 Stacey Witney

I have a question from a Landlord’s point of view. My tenants have called about the furnace not working twice. The first time it was an issue of them not understanding how to turn on the furnace. Yesterday, I was called because it turned itself off in the middle of the night. I had a furnace man come and look at the furnace today and he does not seem to think there is anything wrong with it. It is old and will need to be replaced at some point, but it works fine acording to him. Am I required to have a second opinion or have I done my due diligence? I am totally willing to replace it if it needs to be done, but since it seems to be working fine and there is no reason to change it now, I would prefer to wait until it needs to be updated. My tenant is not happy and would like to get a second opinion and bill me. Does he have the right to do so?

30 tkelo

I moved into my rental 5 months ago, signed a 2 year lease. The landlord said he was moving to another province for 2 years. 2 months after I moved in him and his wife moved into my basement without notice. Before I moved in there was some serious maintenance issues that were to be done before I moved in, they still have yet to be done. Since moving into the basement he decided to demolish the basement stairs without notice and myself and my family were forced to leave on thanksgiving because my house fiilled with drywall dust to the point we couldnt breath. We were also told that he sealed off the door so it could not open from our side there for it was not a saftey concern to my small children. This proved to be wrong when a week later my 5 year old opened the door to a 10 ft drop to the basement floor.( she did not fall and is fine), a few days later my daughter how has asthma was rushed to hosp. for a sever attack due to the mould ( the windows are horrible and falling apart, instead of repairing them he sealed them shut) Also he buys and sells mulitple cars at a time taking up our driveway and road infront of our house. I sent a formal letter to him that the repairs needed to be done by a certain date or I would file a complaint and that he was not to do any further “renovations” without notice. He then emailed me a 60 day eveiction notice. Do I have a good case here for Landlord tenant hearing, this is just a small very small portion of what this man and his wife have done. But dont want to take up to much on here……

31 Mike Holman

@tkelo – From your description, it sounds like your landlord just gave you a free get-out-of-jail card with respect to your lease.

Start packing!

32 tkelo

Well we are going to leave anyway as this place is very unsafe and we can not handle this sort of stuff on a daily basis, but do you think we have a case in the landlord tenant hearing for some sort of comensation or if they will just get away with everything they are doing?

33 Mike Holman

@tkelo – I have no idea. You should email the owner of realestaterescue.ca.

She has a lot of experience in that kind of situation.

34 tkelo

Thank you so much 🙂

35 adam

My wife and i are living in a rather small (650 sq ft) condo. The unit has one air system which is our heat and air conditioner. We recently found what looks like black mold all over the vents, and we are going to have it tested for the particular strain to see if it is harmful one or not. My asthma has been getting worse over the last 6 months and my wife has been having what feels like a cold for the same time. We have only a month and a half left on our lease but we do not want to stay if this is affecting out health. I have reported the problem and they said it was dust, it’s clearly not and they are charging us 1850/month to rent here so we expected better service then what they have provided us with. If the strain of mold is harmful to our health do we have the right to move out early and possibly fight for some of our rental money back from previous months?.

36 G

Can a tenant refuse condo repairs/alterations by the builder, covered by 30 Day warranty in a new building? More specifically, the finishing of the entrance door, as they deemed the paint as a health hazard?

37 Lynda Davidson

My building was resold 1 year ago and I sign the rent cheque over to a management company but I still don’t have the new landlord’s contact info. Their agent refuses to give it to me. Aren’t I legally entitled to this info, in case I want to send complaints by registered mail? Some of the complaints I have include the inefficiency of their building agent to address issues about noise and lack of cleanliness in the common areas/grounds.

38 Frances

My tenant has not paid her rent in 3 months. She gave her written notice that she would be vacating the premises Nov. 30th, but did not leave. I went to the tribunal and got a 10 day exiction order sent to her. She was supposed to be out yesterday, but she is still there. I went to the courthouse to book the sheriff to change the locks-but it will take 4-6 weeks. I have a new tenant scheduled to move in Saturday….any ideas or loop holes in the system to get this tenant out??

39 stephanie

I moved into a basement apartment in October, the landlady lives upstairs. According to my lease, internet washer and dryer are included. Since I’ve moved in my landlord has told me she will be not pay for the internet becuase she only wanted to pay for the minimum usage and I went over it. She has also now told me that I am only allowed 2 loads of laundry per week (it is me and my 6 yr old in the apartment so this is ridiculous).
She has also now told me that the side door of the house which is my seperate access to the house, is not in fact a private entrance. She told me this after I complained because when my abusive ex husband showed up at my door christmas day she opened my door for him and let him into the house.
Can she do this crazy stuff? What can I do?

40 Edie

Does anyone have any idea where I can find information on whether the landlord is responsible to provide security if he charges a fee for parking?
I checked Ontario Tenant’s & Lanlord Act and could not find it there, then called them and they said it does not cover it and sent me to Property Standards and I did not find anything there either…

41 Marcela

We have given the tenant 2 months notice to move out as our daughter would like to occupy the basement apartment. He asked to stay one more month after the notice period, which we allowed. He now asked for 2 more weeks (which we did not ask for payment because we want him out ASAP). It is not past the date he gave us and he is no where to be found, and no working phone number to be reached at. His stuff is still in the apartment. What are our options? At this point, he is living for free here 2 weeks and going. Thanks – Marcela.

42 MikeOntRenter

I would like to know if by signing the N1 Form (Notice of Rent Increase) it means that your on another year lease? Our landlord is under that assumption because of the line that says ” Signing Section A will serve as a renewal of the said tenancy agreement for the term of 12 months expiring the 31 day of January, 2013 upon the same terms and conditions as your current tenancy agreement but at the new rent.”. We have been here 4 years and are on month to month. We signed this N1 Form back in January and we just bought a house and take possession in April. The landlord feels that line indicates we are on a year lease. We think it means that we continue on as per the agreement before signing but at the new rent. So month to month but at the new rent price. Any clarification would help alot. And if someone can point me to some government article or explanation of the form so I can show the landlord would be greatly appreciated.

M

43 Shelia Escabaralia

There is rent control in place for all buildings and residential places as long as you do not share a kitchen or bathroom with the landlord..you are covered in ontario…I called the LTB and they said there is a rent control guidline in place it doesn’t matter how young or old the place you live in is…its 2.5% increase and must give 90 days if its 80 days notice or under 90 days notice then its void and you do not have to pay the rent increase!

44 BA Dickson

*HELP* I Have two days………

My Problem is this………. 3 Weeks ago my ‘Manager’ (who said she never wants to seem My Face) woke me up early and got me to sign a piece of paper that i would be out of the unit by the End of May, However the notice for ‘Major Repairs’ requiring me to move is date for the Next Month

They All know I take heart Medication, Pain and Epilepsy medications and I can’t think when they asked me to sign, I’m on ODSP due to Cancer Twice and Choric Heart Failure ……..

Am I a trespasser after that Date and can they call the Police and throw all my stuff out, because of the date on the termination notice, I just got money to move. It’s going to be at LEAST a few days …….

Also the landlord owes me $130 dollars (The Landlord I’ve had no trouble with for 6 years, it’s just the Manager that hates me because of her own errors

Also I’ve spent hundreds of dollars on repairs and he still owes and make silly reasons, like he cannot get in, that he cannot give me the money – last weekend I told him to put the $130 under the door

*LAST* WEEKEND HE WAS IN MY UNIT WITH NO ATTEMPT TO CONTACT ME. He threw out some stuff, that was worth money, and that I’m sure he thought he was cleaning up………

Be biggest issues are
A:) What happens come tomorrow because the manager woke me up and got me to sign a paper that I would leave. I simply can’t leave by then and his paperwork says I have to leave by the end of Next Month

B:) What happens if the landlord or manager says the money they owe me was used, before termination and I left, when they illegally entered my apartment for ‘cleaning’ (even though damage was done to my belongings)

45 michelle

I rent a space that is split store front/commercial with an attch very small apartment. Can I move out of the apartment whenever I want and not tell my landlord? I am keeping the space for commercial purposes, but no longer wish to live there. If the lease is not ending, but I no longer wish to stay living there due to noise issues caused by my landlord, can I just move out?

46 dena

Hello,

I live in low-income housing. I have two roommates, and we are all females. The “landlord” insists she doesn’t have to give 24 hours written notice before she or or workmen enter the house, as long as they are in the “common areas.” I called the landlord/tenant board, and they said this is completely illegal.

We have regular housing meetings, but I am afraid that retribution will occur if I exercise my right to demand that this illegal entry stop immediately. I have asked repeatedly that they give us notice, but nothing is happening and I don’t know what to do. Any suggestions??

47 Clare

Please help! Have been renting top floor of bungalow for over a year paying on 15th of each month, have had no probs and are easy tenants! No contract just verbal agreement of one months notice. Have now verbally given my landlord 6 weeks notice and he is charging me an extra 2 weeks as not actually leaving before 15th November, even though we have given him more than one months notice! Is this right???

48 Ryan

I am renting my condo. This couple came in and loved the place. They signed a year lease signed every page even an application. The have me 12 post dates cheques. But 5 days later they said there son did not want to move. So they don’t want to move in. I live in Ontario Canada, does any1 know if I can do anything. Thanks have a great one

49 YSH

Last week the super entered our unit while we were at not home because there was a leak in the unit below us. Turns out the pipe behind the toilet needs to be replaced. I have no problem with the emergency entry, what I do have a problem with is that a cleaning sham I keep in my bathroom to clean my mirrors was missing. Yah, it’s only an $8 sham but it’s gone and I use it daily so I immediately noticed it was gone. I left a note for him saying if he took it by accident, please return it, no questions will be asked. He has not responded, I mean I guess I wouldn’t admit it either. The point is if the landlord enters your apartment nothing should be missing, not even a piece of lint on the floor. I was thinking of complaining to the building management office and letting all the other tenants know to do an inventory if their unit is entered when they are not home. The super just moved in our building about a month now. The last super was a real slimebag, lazy and unreliable, all of us tenants were glad to see the back of him. The building is not large, about 30 apartments. I feel terrible about complaining and having to confront him but…it’s not right to use/take things from a tenants apartment when doing repairs. I am just wondering if I should involve the property management office or not? It seems trivial and yet, property was removed from my apartment. AND, if the super didn’t take it then I would say that means he let a maintenace person in my apartment unsupervised because I cannot imagine he would watch a maintenace person take/use an item from a tenants apartment and allow it to happen. Either scenario is bad and bothersome. Any suggestions on how to resolve this?

50 Kerry

Wrobb,

If a landlord is selling the property, they must give 60 days written notice and the earliest date cannot be earlier than the end of the original tenancy. Usually a landlord will sell the place, determine if the new buyer wants a rental property or plans to live there and then gives notice.

If a notice is given in bad faith, meaning they had no intent to sell, this is a violation under the Residential Tenancies Act, you could request compensation for leaving early, moving fees and possibly the difference in rent if you couldn’t find a place with comparable rent.

All of this depends on what form you signed with the landlord, as stated earlier if you signed agreeing to leave early then you may have no recourse.

Ryan, the lease is a binding legal agreement and they are responsible for the rent however, the landlord is obligated to mitigate their damages by trying to find another tenant. If you have done this, you can file through the Landlord and Tenant Board and may be able to get some rent money from the first tenants who did not move in.

BA Dickson, when major repairs or demolition is planned that would make it impossible to stay while the work is done, the landlord is required to give 120 days written notice unless you agreed to a different arrangement. You should get a copy of the document you signed, the board approved version clearly states that 120 days notice must be given and if the document was not sufficient and did not include the pertinent information, it may not be enforceable. There is also right of first refusal to existing tenants.

A tenant can only be evicted with an order from the Landlord and Tenant Board so agreeing to leave does not necessarily mean they can come and throw you out. You have security of tenure and it is not that easy to get rid of someone. It is the Sheriff not the police who would be involved in this instance. The landlords will likely provide you with further paperwork if you don’t leave. There is a form form they can file saying that you agreed to leave but remain in the unit. They would have to notify you of the hearing date but that will give you the opportunity to go the Board and plead your case.

Several people – if a tenant gives notice they are leaving, the landlord must make reasonable attempts to notify the tenant when they are bringing in prospective tenants. Giving your notice does not automatically give the landlord an enter whenever I feel like it card. If you check cases that have been adjudicated by the Board, you will see that very often the arbitrator will force the landlord to pay $100 to the tenant for each illegal entry.

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