tag:blogger.com,1999:blog-6703393754400182307.post7959007195981647665..comments2024-03-23T06:26:04.205-04:00Comments on Ontario Landlord and Tenant Law: Do you have a question?Michael K. E. Thielehttp://www.blogger.com/profile/10247495615982921581noreply@blogger.comBlogger123125tag:blogger.com,1999:blog-6703393754400182307.post-6238707345625078392024-02-05T16:39:20.610-05:002024-02-05T16:39:20.610-05:00I'm sorry that you suffer from sensitivity to ...I'm sorry that you suffer from sensitivity to fragrances. It can make life very difficult given the prevalence of such scents.<br />In my opinion the use of fragrances can be equated to exposure to second hand smoke when the impact of that exposure has the type of health affect as it has on you. Becoming "ill", quite literally, from exposure to scents is a health condition and can certainly be described as an incident that substantially interferes with your reasonable enjoyment of the premises. To that end, your proper response is to make a complaint to the landlord about the impact of these scents and ask the landlord to "make it stop". The landlord may ask you to explain the basis of your complaint and perhaps provide some kind of proof of your condition and perhaps some explanation or description of what might be a good solution to the problem. Perhaps the "only" answer is that use of scents in the neighbours apartment must cease. But, maybe there are other solutions that would solve your problem. What the solution might be is up to the landlord to ascertain.<br />The landlord, should, view your complaint through the lens of N5 language (s. 64 RTA). That view would ask whether the tenants using the scents are "substantially interfering" with the "reasonable enjoyment" of the residential complex for all "usual purposes". If this test is answered affirmatively then the Landlord will have to serve your neighbours with a voidable notice of termination (Form N5) requiring them to stop using scents. Failing stopping using scents the landlord may apply to the Landlord and Tenant Board for an Order terminating and evicting your neighbours.<br />There will be some (I'd guess many) that think a tenant should be able to use scents, air freshners, at will. The argument will be that they too should have reasonable enjoyment of their home and that your demand is infringing on their rights. Sure, one can see the point of that argument. It's the same argument that is made when some parents resist the "no peanuts" rule when a classmate of their child suffers an allergy to peanuts.<br />For me, the arguments for "right to use scents" fails against your complaint that the scents are interfering with the reasonable enjoyment of the premises. I say that because your neighbour's scents are disturbing you in "your space"--meaning in your rental unit. If you were complaining about the scents in your neighbour's unit I think you'd have a tougher argument. But, the fact is that your neighbour is using scents in a way that they leave their apartment and enter yours. That has their scents escaping into your space and their "Scents" are a nuisance that are causing you damage. These "scents" are not necessary fragrances that "need" to be used. It is not like a "food smell" or other things that are necessarily incidental to living and occupying space. Your neighbours may readily control the use of scents/fragrances and they can choose to affect you or not by virtue of the shared HVAC in the residential complex.<br />I think that the "shared" air of a single furnace heating and exchanging air through the building and through the units is most unfortunate. However, it is the reality. As such, neither you nor the other tenant can claim "perfect air" as a right and some compromise will always be necessary between the tenants. The "rights" arguments, I think, need to be considered through the lens of a "shared" resource.<br />Michael Thiele<br />www.ottawalawyers.com Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-82958863608878153492022-07-01T22:39:22.965-04:002022-07-01T22:39:22.965-04:00Hello Michael,
I’ve been living in an upper/lower...Hello Michael,<br /><br />I’ve been living in an upper/lower single detached home for a couple of months. There are new tenants since 4 days ago and immediately I noticed a very HIGH perfume/fragrance smell. I am allergic and extremely sensitive to fragrances, therefore I am more bothered than others. We share vents, the smell is being pushed into my apartment (i’m in the lower level). I approached the new tenants explaining my allergies/ symptoms (very dry throat, nose, migraines) and kindly asked if fragrances usage could seize (except candles) and she said she likes her home to smell nice, she will think about it but its not something she thinks she can do.<br /><br />With her response I decided to reach out to my landlord in order to have him reach out to the tenants. It seems like the husband of the family will come introduce himself / discuss the issue. He validated his wife does like to use a lot of fragrances.<br /><br /> Unfortunately it has become unbearable living here for me. I am wondering if there’s any type of help I can get from the tenant/landlord board or its a lost cause and I should seek for a different apartment?<br /><br />Thank you!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-11634226444813896202020-03-25T09:19:27.615-04:002020-03-25T09:19:27.615-04:00Given that the landlord will likely say that the &...<br />Given that the landlord will likely say that the "noise transmission" is simply a fact of life in this building, you will want to suggest that the landlord's opinion in this respect significantly impairs your legal right to quiet enjoyment and that if you are required to simply accept the nose transference that this is only a reasonable conclusion on the advice of an expert (i.e. engineer).<br /><br />Along with the evidence you collect about the severity of the noise, you can bolster your position if you happen to know qualified professionals who might be able to suggest solutions from an expert view point. I'm thinking that qualified professionals can include engineers and anyone who has a long experience in the building trades--especially of residential construction of the type you're living in. These "experts", if willing, can generate reports to explain the nature of the sound, the manner of transmission, and what can be done to mitigate the sound. From your explanation of the issue I see that there are different methods of transmission of sound--physical contact to the floor generates noise differently than ambient noise through the air (music and TV). The solutions for noise through the air are different than noise through contact on the floor (jumping). If you've ever had occasion to look (or been to home shows) you will see that there are a ton of products and methods to deal with the issues you are describing. The key, in getting your own expert, is to 1) qualify the expert (through education or experience), 2) get the expert to view your evidence or experience it themselves, 3) get a comment about the severity of the noise (--yes, it is excessive), 4) and proposals for various solutions, 5) costing for solutions on a rough basis.<br /><br />How you approach the landlord about this is up to you. You could list out all of your options to the landlord and basically warn the landlord about what you are going to do. Demand that he take action otherwise you will take action as you describe. If the landlord still decides to do nothing then you simply proceed with your LTB application. In some circumstances and if you are highly aggressive (though not sanctioned by the RTA), you could decide to withhold rent to get the landlord's attention. That being said, withholding rent is frowned upon by the LTB--so be aware. However, withholding rent does tend to focus the mind of the landlord and while the landlord might start eviction proceedings you have the legal right to answer a non-payment eviction proceeding with your own application (i.e. the T2 for noise) and even if you lose terribly the LTB will always give you a chance to "pay and stay".<br /><br />Good luck to you.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-61572426936489009832020-03-25T09:19:16.464-04:002020-03-25T09:19:16.464-04:00Hi:
There are a few ways of approaching this issu...Hi:<br /><br />There are a few ways of approaching this issue. You have already tried the first and most logical approach and that is to contact the landlord and complain. The landlord's unwillingness to do anything is unfortunate. As living under these tenants making this level of noise is unacceptable you will need to adopt a different approach. You've tried what I think most would suggest and that is to speak with the tenant to see if there was a way to deal with the problem. Given the opposite effect (i.e. things getting louder), what can you do?<br /><br />The first thing I'd suggest is the collection of evidence. You need to be able to prove with little room for interpretation that the noise you are hearing is excessive and unreasonably loud. You will likely have to experiment with how to collect the evidence. Perhaps a phone camera and microphone are very effective in capturing the noise. Perhaps you will need a noise decibel meter. Perhaps a separate microphone system. Perhaps getting reliable third parties in to "hear it" who are willing to swear an affidavit and perhaps even testify. The trick will be to collect the evidence (along with date and time) so that the fact of what you are complaining about is beyond dispute.<br /><br />The reason you need the evidence demonstrating the severity of the problem is that there is a certain truth to having to put up with noise in apartment living. It isn't reasonable to expect the same level of quiet in apartment living as you would get in a detached home. It is understood that apartment buildings come with certain noises that arise from construction methods and that simply nothing can reasonably be done to eliminate certain noises. Those "noises" simply become something you have to live with.<br /><br />The goal of the evidence you collect is to demonstrate that the severity of the noise exceeds what can be reasonably expected for you to live with. Your evidence needs to demonstrate, objectively, that the upstairs tenant's behaviour is simply beyond all reason.<br /><br />Once you have that evidence you have some choices on how to proceed. You could: 1) write to the landlord, provide some of the evidence, and require the landlord to take action. 2) you could investigate a little bit, then write to the landlord and demand action and suggest that you need him to install wall to wall carpeting with thick underlay in the upstairs apartment and to hire a sound engineer to evaluate the building to minimize noise transmission. 3) You can file complaints with the town/city of where you live to the noise by-law and see if they do anything. Show them the evidence--maybe they will lay a charge. 4) you can file a T2 application against the landlord claiming a significant rent abatement and orders requiring the landlord to install whatever is necessary to reduce noise transmission including carpeting (for contact noise), perhaps insulate beneath the flooring between the joists or insulate your ceiling. Further you can request that the Board require the landlord to retain an engineer to generate a report on options to reduce sound transmission.<br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-34512428399427668082020-03-23T18:01:16.192-04:002020-03-23T18:01:16.192-04:00Hello Michael,
I rent a basement apartment of a b...Hello Michael,<br /><br />I rent a basement apartment of a bungalow. The upstairs tenant is a woman with her two kids, aged 4 and 1, and her boyfriend. We hear loud footsteps, running, jumping, and banging on the floor to the point that the walls shake. We can hear their TV, music, conversations, and the vacuum multiple times a day. I have spoken to her about the noise a few times, once around 9pm for the loud TV and another time around 7:30am for loud running and jumping, and another time about noise in general. I spoke to the landlord and he said it is up to us to sort it out first then he will get involved but it doesn't seem like he wants to get involved. The other day I was confronted by her boyfriend very aggressively about our complaints (a few hours earlier I was fed up and banged on the ceiling). He threatened me and told me they were good kids and he doesn't want to hear anymore complaints. He also stated that they were friends with the landlord. I contacted the landlord immediately after this altercation and at this point the landlord was basically dismissive. He said he would speak to the female tenant about the situation. I messaged her today and asked if we could communicate and be civil with any further issues. She responded defensively with excuses and it seems like the noise level has gone up just to spite us. I have been told that there is very little to nothing I can do about it, and that it is a basement apartment and I just need to put up with it. What can be done in this situation?Thomashttps://www.blogger.com/profile/17185814299101793251noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-25163915372246226912020-02-12T12:05:01.330-05:002020-02-12T12:05:01.330-05:00Hi Sue: The kind of anti-social behaviour you des...Hi Sue: The kind of anti-social behaviour you describe from this tenant is unacceptable and I'm sure it makes you feel uncomfortable. Getting the landlord to take action might be the biggest obstacle to resolution (if the landlord is unaware of his obligations under the RTA). The first thing that you need to figure out is how to collect evidence of the anti-social behaviour from the neighbour tenant. Your own written explanation of what happened, along with your oral testimony at a hearing is indeed evidence. However, you might expect the tenant to deny your description of the events (i.e. lie), and then it becomes a she said/he said. Hence, if you have witnesses that would be helpful. If you know that walking outside past the balcony where the tenant is sitting will elicit shouting etc., then perhaps turn on your phone video/camera and record the incident of you being accosted (verbally) by this tenant. If the interaction gets a little out of hand you can always call the police as well and ask them to take steps---at a certain level unwanted interaction becomes criminal harassment.<br /><br />Report the interactions to the landlord, in writing (preferably by email), or some other way that you can prove that you have notified the landlord of the issues. The landlord is required to take action against the tenant, especially if the evidence is clear. Provide your evidence to the landlord.<br /><br />The landlord will need to serve a Notice of Termination--there are various grounds--from 1) substantial interference with reasonable enjoyment, 2) impaired safety, 3) illegal act. There are other notices as well--but these are the main ones used for the kind of thing you are describing.<br /><br />If the landlord fails to take action then the landlord is in breach of his obligations to you. That will entitle you to file an application against the landlord for failing to deal with the neighbour. Elsewhere in this blog there are articles on that topic. If the landlord is unfamiliar with his obligations you might want to follow up and perhaps point out what the landlord needs to do. The landlord might not be keen on the work that this represents but you can perhaps motivate the landlord to act if you mention that his failure to act will result in a substantial claim against him from you.<br /><br />Good luck<br />Michael K. E. Thiele<br />www.ottawalawyers.com<br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-44209041186175243392020-02-11T15:48:32.445-05:002020-02-11T15:48:32.445-05:00Hello!
Great, great blog!
I have a question abou...Hello!<br /><br />Great, great blog!<br /><br />I have a question about harassment. For over a year, a tenant has been keeping his door open and allows his cat to wander freely down the hallway with no supervision. Many people complained. The superintendent told him to stop but instead he swore at her. The superintendent allowed it to continue until someone almost tripped over the cat one day. She told me she was calling the owner. <br /><br />In consideration of this guy's wife, who I like, that night I tried to talk to the male tenant - stupidly trying to solve the situation without the owner getting involved. I'm an idiot. I was very calm and polite and he started screaming at me down the hall, calling me a b--ch about 20 times, as well as an a__hole. I walked away but felt fear. I really never knew this man was volatile. So I sent a report in to the owner - I didn't complain about the cat, but I did complain about the loud, screaming verbal abuse down the hallway. <br /><br />The owner contacted the tenant and told him to keep his cat in the apartment at all times. <br /><br />Today I came in and he was standing in the hallway talking to another tenant. I had to walk in between them to get by. As soon as I passed by, he called his cat out to see the other tenant now that 'trouble' (meaning me) had walked by. He then - loudly, knowing I can hear him - went on to the other tenant about how I complained about his cat and that I was a real trouble-maker. I usually remain quiet - but truth is truth - so I turned around and said quietly, "I did not complain about your cat. I complained about your verbal abuse." I then walked away as he screamed at me down the hall about how I was causing trouble. He was careful not swear, though.<br /><br />Anyhow - I won't bore you with all of this - but I have to walk by this tenant's apt. several times a day and in the spring and summer - which is coming up - I will have to walk by his balcony and he sits there all the time. I don't want to deal with him making comments all the time. He is angry because he can't let his cat wander around and doesn't want to leash his cat and walk him. I have a dog who has to go by his balcony to the grassy area. <br /><br />If this guy continues to yell out stuff - what can I do? I'm a calm person and won't yell back but I don't want to face this. Any suggestions? I was stupid to think I could have had a calm talk with him in the first place. Now he has a letter from the owner that if he continues to let his cat out, he will be evicted. <br />Thanks<br />sueSuzanne Hurleyhttps://www.blogger.com/profile/16879598856040771324noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-66017952165826752662019-09-04T16:54:17.114-04:002019-09-04T16:54:17.114-04:00Hi: So, housing in Toronto like the rest of the p...Hi: So, housing in Toronto like the rest of the province is in very short supply. I'm presuming that the Residential Tenancies Act applies to your rental unit. The housing shortage reality is a consideration when deciding how to deal with a bad landlord and potentially escalating the situation. That being said, here is a list (in no particular order) of the things you could consider doing in response to the issues you raise: 1) file a T2 application with the landlord and tenant board alleging illegal entry. Have the dates and times handy. 2) set up a security video system in the apartment to catch your landlord's entries--these are dirt cheap now--see Bestbuy for lots of choices in store. 3) Contact the Rental Housing Enforcement Unit (google it), they are empowered to press charges under the RTA and Provincial Offences Act against your landlord. 4) Be creative about the remedies you seek in the T2 application--I'd include i) an Order that the landlord enter only on 24 hours notice as per the RTA, ii) an Order allowing you to change the locks to the premises without giving the landlord a key if he enters the unit without proper Notice, iii) a fine, iv) a rent abatement of several months of rent deductible from future rent. 5) the fire safety issue on the room, contact the fire marshall's office, ask them to inspect the premises for fire safety concerns. You can advise them about your over-crowding concern and lack of egress in the event of fire. If the unit is not fire safety compliant the Fire Marshall can make Orders (be aware that the Orders may impact your living arrangement--in serious cases the Order can require the landlord to terminate occupation of the premises (i.e. you might get yourself evicted). 6) file a T6 application, note the severe impact of the lack of a vented hood over the stove, seek an Order requiring the landlord to install one (given how he is renting out rooms), seek authority to buy and install such a hood fan and deduct the cost from the rent. 7) consider calling property standards with the City and have the property inspected and have orders made to deal with issues--City might order the installation of fan given the impact on occupants.<br /><br />There are a number of guides that explain your legal rights under the Residential Tenancies Act. However, if you really want a good crack at understanding the law--take the time to actually read the Act. The index and the language of the statute is very accessible---it is in plain English for the most part. Anything that is unclear you can google read the caselaw etc.. But for the most part reading through the statute is easy to do and you'll get a good sense. You can find the statute for free at this link (sorry--I can't make it live so you will have to cut and paste it into your browser) https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html?autocompleteStr=reside&autocompletePos=1<br /><br />Start at the index (expand it out) and you'll see all of the headings that are of interest to you. Take a look at "landlord's responsibilities" in section 20 for the condition of the unit. Take a look at sections 22, 25, 26, 27 for your privacy rights and the landlord's obligations on entry. While the RTA is 263 sections long, the vast majority don't apply to you as they deal with different kinds of housing or are technical in nature. So the meat of the RTA is in the first several parts that you should be able to review in about 30 to 60 minutes.<br /><br />Anyway, I hope that helps. If you have questions arising from reading the statute--send me another comment/question--I'm happy to share what I know.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-5199340095442930852019-09-04T15:24:00.681-04:002019-09-04T15:24:00.681-04:00Hi there and thank you for your time. I have a bru...Hi there and thank you for your time. I have a brutal landlord that if I tried to describe the incredibly bizarre behavior it would take me an hour or so... <br />I wont waste your time with the specifics and just ask my first of many questions. I live in a flat in the Annex with two other guys. We have just about had enough with this mans complete ignorance and his total disregard for our right to privacy. He enters at will, he even just goes into my bedroom and the others too. He does not call to even give us a heads up which I have asked over and over with no effect. The worst part of this is that he goes a way often and last week while he was away he had obviously met this guy, gave him our key, no introduction or even a simple text to inform us a total stranger will be coming into our place at 11:30 on a sunday night... His behavior is demoralizing at best, on one occassion I was sound asleep when I was awoken by the landlord standing by my door but inside my bedroom, before i could get dressed or even tell him to get out, in walks a group of business people, turns out they are financing his income properties, new financing is obviously in the works... Ok, that's just example of his brutal disregard for our basic rights, the right to privacy.. It's kind of a big one because after they left I truly thought I can't get any lower when a man I help with no compensation, (mainly due to my need to have order, I even buy and set up a plants for the summer to make the front porch just a little nicer when you sit out to read and have a coffee or tea.. Never any thanks but i have become used to his dreadful character. Ok, now the big question.... there is a room off the kitchen that has no window, no ventilation and with only one escape rout if it was ever needed, the chances of him getting out is remote at best.The door doesn't fit so when we cook it fills the room with smoke and cooking odors. It also brings a forth into this small flat and it's impossible for four grown men to share the fridge, it's just enough with three people. I am no exaggerating one bit. Im concerned if anything were to happen he could be trapped in the room with little other choice but to try and kick through a wall...Can you imagine.. Kitchen does not have a vent over the stove so it gets quite warm in that room... and it's so bad I feel terrible turning on my blender when I make my protein shake, so i now take it out the back steps to run it so it isn't such a wake up. What are our rights, what can we do about the illegal room?<br />Thank you so very much,<br /><br />Sgt Major S.G. Gerhardt (ret.) 647 550 9939Anonymoushttps://www.blogger.com/profile/15337045020547120333noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-35949246951137440642019-07-21T07:03:16.773-04:002019-07-21T07:03:16.773-04:00Hi:
From your question I infer that the rental pr...Hi:<br /><br />From your question I infer that the rental property (house) is a single family home and that you rent the entire property--meaning you rent the house, backyard, driveway etc.. If so, then I think the entire property constitutes the "rental unit". In accordance with section 27 RTA a landlord must give 24 hours notice before entering the rental unit, provide a time and acceptable reason for entry. "Snooping" is not an acceptable reason to enter. There are exceptions to the 24 hour notice requirement but they are what you would expect (i.e. emergency), and again, "snooping" is not an exception.<br /><br />The situation is not so clear if the "rental unit" does not clearly include the space of the backyard. If this was a multi-unit residential complex and the backyard and area was a "common area" then it is not so clear (and I think doubtful) that the landlord would have to serve a 24 hour notice of entry. "Common area" space forms part of the "residential complex" by definition (see section 2 RTA). However, there is no notice requirement for entry into a "residential complex"---just for entry into a "rental unit" as can be seen from section 27.<br /><br />So, based on what you've written and that you rent the entire space exclusively, then I think you are correct. To bring the point home to the landlord you can file a T2 application with the LTB. It is the first ground of application (entered my rental unit illegally). <br /><br />Good luck<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-76787916465095248222019-07-18T21:17:48.965-04:002019-07-18T21:17:48.965-04:00Hi Michael,
I have a question regarding whether m...Hi Michael,<br /><br />I have a question regarding whether my landlord is able to drop by the house unannounced, and enter the backyard (which is fenced and gated) with zero notice. We have asked several times now for notice prior to her coming by, but she disagrees and feels that she can be in the backyard and the outside of the house without needing our permission. We have been told several times by our neighbour that she has dropped by to look at things, yet we don't hear about these visits from her. <br /><br />Who is right here?<br /><br />Thanks!Anonymoushttps://www.blogger.com/profile/15664957368580486905noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-72944781074051933212019-07-03T06:10:28.685-04:002019-07-03T06:10:28.685-04:00Hi:
I'm pleased to read that you have or had ...Hi:<br /><br />I'm pleased to read that you have or had a lawyer assist you in dealing with the landlord. You should return to him with this new Notice of Termination to determine your strategy.<br /><br />A landlord may serve a Notice of Termination for landlord's own use (or for use by a child of the landlord) where the landlord in good faith requires possession of the rental unit for residential occupation for at least one year (take a look at section 48 Residential Tenancies Act). This part of the law has changed somewhat recently. Is your landlord an individual as opposed to a company? You of course are dealing with a person--but who is the owner of the property on title? You may wish to have your lawyer check to see if the property is held by a corporation. If so, the N12 (Notice of Termination for Landlord's Own Use) is likely unavailable to the landlord (see section 48(5) RTA).<br /><br />Then also, when the landlord files the application with the LTB (presuming you don't move out), take note of the requirement for the person occupying the apartment to file an affidavit (section 72). This affidavit is not required to be served on you and in fact the LTB will often accept an application to the Board without requiring the Affidavit to be filed (a gross error in my view--but common). You will want to obtain a copy of this affidavit in advance of the hearing because it may give you grounds to attack or resist the application.<br /><br />In the context of this application be aware of your entitlement to compensation of a month's rent. Oddly enough, in situations where the N12 is a fraud, I've seen landlord's resist paying this compensation and I've heard a whole slew of nonsense explanations why they are "exempt" from the payment obligation (see section 48.1 and 55.1 RTA for the compensation obligations).<br /><br />The point in recapping the basis for this kind of notice of termination is to understand where you have to focus your challenge to it. Given the history of recent notices of termination you perhaps doubt that this N12 is given in good faith. The history of recent attempts to terminate, your lawyer's letter, at a minimum raises a concern about the good faith. Beyond that, you should double check to see if there is technical compliance (because of there is not then you may get a dismissal of the application), and further you should see what kind of information you can dig up on the son moving in etc.. They have provided you with some information "separation from his wife", which gives your lawyer something to work with in cross examination etc. as there are typical inferences on grounds like this that would be contrary to the RTA requirement of residing in the unit for one year. <br /><br />The son does not have to be present at the hearing of the application. If you want him there, to ask questions, you might consider summonsing him to the hearing.<br /><br />I hope this is a useful starting point for you. Putting a plan together for an eventual hearing is definitely worthwhile. While the landlord has the burden of proof, this burden is rather easily discharged with a simple "say so". Hence, if you are going to defeat the N12 application it will be down to you to prove a lack of good faith in the application or other technical non-compliance (i.e. search title).<br /><br />Good luck<br />Michael K. E. Thiele<br />www.otttawalawyers.com <br /><br /><br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-14507049014237731492019-07-02T23:03:03.394-04:002019-07-02T23:03:03.394-04:00
Recently over the last 8 months we have received...<br /><br />Recently over the last 8 months we have received several attempts by our landlord to evict us from our residence. she has issued me 4 different notices of eviction. The first last October she stated for late payment of rent, when I verified with her she agreed to those dates as per emails and Texts I have. she then changed her mind and said we could stay. Then advised they would sell us the house in January of 2019 For $350,000.00. To once again be Reneged on February 2, followed by a second eviction notice, for the reason as the first one in Oct with the exact dates, that once again I have email and text confirmation of it being ok due to payroll dates.<br /><br />Come March I was fed up and saw a lawyer he sent the landlord a letter stating to do the multiple attempts to evict without following proper process and determining none of the orders were registered with the tribunal we would not be leaving the residence till this happens. This letter was issue to the landlord via registered mail with our rent enclosed as a certified money order as proof of payment. This was sent in April , at this point she claimed to have thrown out the money order with the envelope. A new Money order had to be acquired and the first cancelled. At this point she issued and n9? Or n8? For non -payment of rent? We had proof she received it by signing for the registered letter. Needless to say Come May 15th we received another eviction order this time from their lawyer advising there son will be moving in , as of July 31.2019, due to a separation from his wife. Which doesn’t seem right since he has multiple properties himself. Can someone please assist in this situation.<br /><br /><br /><br /><br />Teddyhttps://www.blogger.com/profile/14037609304107840645noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-54026128518452027222019-06-28T13:02:42.020-04:002019-06-28T13:02:42.020-04:00Michael thanks a lot from myself and my wife. Have...Michael thanks a lot from myself and my wife. Have a great weekend. Javier Rodríguezhttps://www.blogger.com/profile/14534510600256520359noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-65334086328858591422019-06-28T09:50:41.954-04:002019-06-28T09:50:41.954-04:00Javier: The fact of the landlord not showing up t...Javier: The fact of the landlord not showing up to pick up rent is obviously concerning. What possible reason could the landlord have for not picking up his rent? That being said, if you have no issue with saving the money, then simply wait until the landlord ultimately asks for it. Sending him a picture of the cheque and asking him to pick it up is great evidence if he is planning any kind of silly legal action. If you have challenges with not spending the rent money on other things you could buy a money order to get the money out of your account. Or maybe, transferring the money to a savings account that is more difficult to access (i.e. and spend) would be helpful.<br /><br />Should you start an LTB case? I don't think so. It would take up a lot of time and effort and ultimately you would get little out of it. Just hold onto the rent and eventually the landlord will try to pick it up. As long as you've showed a readiness and willingness to pay you will have little to zero trouble at the LTB (should it come to that).<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-53564497294852265352019-06-26T08:54:28.415-04:002019-06-26T08:54:28.415-04:00Hi Michael,
here we go again... My landlord is not...Hi Michael,<br />here we go again... My landlord is not showing up to take the rental cheques. I have to pay every 25th. I sent a text, mail and call him and I do not know anything from him. I sent a picture of the cheque for this month. I call him, email him and his wife, everything and he is not answering me.<br /><br />What can I do? this situation is creating a lot of stress in my life, I cannot concentrate in my work, I am really tired of this. Should I open a file in the Landlord and tenant board?<br /><br />Thanks again for your help.Javier Rodríguezhttps://www.blogger.com/profile/14534510600256520359noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-34530766650526783212019-05-30T19:21:18.455-04:002019-05-30T19:21:18.455-04:00Michael, thanks you so much for your help. I reall...Michael, thanks you so much for your help. I really appreciate it. All the best! Javier Rodríguezhttps://www.blogger.com/profile/14534510600256520359noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-32878843090878373072019-05-30T10:40:51.764-04:002019-05-30T10:40:51.764-04:00Hi Javier: This is a fun question. If there wasn...Hi Javier: This is a fun question. If there wasn't already a tenancy agreement (i.e. an existing tenancy), there would be no doubt that the clause is void due to section 37(5) RTA. That section makes an agreement to terminate void when it is entered into at the time of signing the lease or as a condition of entering the lease. Does s 37 apply on your current facts? You have an existing tenancy and are signing a new lease for a fixed term is that captured by section 37(5). I think it is, and hence I think the clause is void. Any question about whether it is or not I think is resolved in the tenants favour given the purpose of the RTA and also the circumstances under which you have come to sign it. Also, given the "agreed" offer about the 6% rent increase, I think the document may not be worth the paper it is written on--though I do think it gives you the security of a fixed term for a year. The $100 per month increase, while acceptable to you, is still illegal and it seems to me that you're paying it only to avoid the N12 and daughter moving in. In the future I imagine you could actually apply for a return of rent illegally collected---I'm not saying you'd win that for certain--but I think it more likely than not.<br /><br />If you don't move next year the landlord would likely file an application to terminate based on an agreement to terminate. That they would attach a lease to the application for an order to evict you (to prove the agreement to terminate) would likely set of alarm bells at the LTB. I don't think that the Board would issue the usual ex parte Order. The Board would either refuse outright or require a hearing on the issue. I think the outcome of that hearing would be a dismissal of the application (i.e. agreement to terminate is unenforceable) and if you sought a refund of the extra rent you'd likely get it. Your tenancy would continue. Of course, your relationship with the landlord would be rather sour and I'm sure he would do what he could to make your life miserable if the tenancy continues and he has to pay you money back. But technically, the RTA protects you from that kind of behaviour too.<br /><br />Michael K. E. ThieleMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-5438873161914102692019-05-30T08:16:57.104-04:002019-05-30T08:16:57.104-04:00Hi Michael, thanks a lot for your answer. Yesterda...Hi Michael, thanks a lot for your answer. Yesterday the guy (real state's landlord) was at my unit and he agreed with my offer BUT they want to sign a new rental contract adding a clause where they say that I have to leave in June 25th 2020. <br /><br />Do you think that is is legal clause? If I sign, I must move next year even if I change my mind, right?<br /><br />Thanks a lot!Javier Rodríguezhttps://www.blogger.com/profile/14534510600256520359noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-59337162436041271112019-05-29T08:12:58.262-04:002019-05-29T08:12:58.262-04:00Hi Javier: You are clearly aware of the law (perh...Hi Javier: You are clearly aware of the law (perhaps from reading this blog!). You know that the RTA protects you but also that the RTA has ways to evict tenants for no fault reasons. This is the "daughter moving in" which is the Landlord's own use application (Form N12). Now the N12 needs to be served in good faith. Also, when served, there must be a good faith intention to occupy the premises for 1 year or more for residential purposes. For daughter's occupation, you are likely also entitled to compensation of 1 month's rent (see the notes on the N12 Form).<br /><br />Of course, you know that the daughter moving in is not a good faith move in. You know this because the landlord told you that he wants more rent money. If you pay it, you get to stay. This fact, if you can prove it, makes a very strong case for fighting and resisting any application that the landlord might bring to the Landlord and Tenant Board.<br /><br />So how do you gather the evidence?<br /><br />While your landlord is in a chatty mood, perhaps you start texting with him, with the daughter, with the daughter's landlord etc.. See what you can get them to admit in text messages. Be conversational, see what he writes. Perhaps he will actually say that you can stay if you agree to a rent increase of $400 per month. Perhaps you can get him to confirm that the daughter moving in is only something he is thinking about because he needs more rent money etc.. This discussion, in writing, is likely to be very helpful to you at any hearing. Other than that, the law is in your favour you just have to protect against wrongful eviction techniques--like using the N12 to leverage higher rents from tenants.<br /><br />Good luck<br /><br />Michael K. E. ThieleMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-26792072937039297802019-05-28T20:34:38.850-04:002019-05-28T20:34:38.850-04:00Hi Michael,
My landlord (actually his real state) ...Hi Michael,<br />My landlord (actually his real state) called me 2 weeks ago and ask me for more than 400 dollars more per month. I live in my unit from 2017 June and my lease agreement is finishing next June 25th. I told him on February (face to face) that we want to stay here more time (My wife and I).<br />When he called me, he told me that if I do not agree to pay that amount of money, the daughter's landlord is going to come to Toronto to live in my unit but... If I pay I can stay other year... I think that they are making up the story about the daughter's landlord to pushing me and forcing me to pay such amount of money.<br />I do not agree of course. I know our rights and I told him that it is too much money. He went crazy and he finished the call very angry. After 5 minutes he texted me and sent me and email saying that I have to move out. I answered the email saying that I do not agree to move out, I offered him 100 dollars more per month (6% increase). He has not answered me yet.<br />The thing is that he is sending me text message asking me to talk with daughter's landlord and I do not want to talk to her. I am not answering him this kind of text message.<br /><br />What should I do? I do not want to find other unit. This is so unfair! :(<br /><br />Thanks so much for your answer.Javier Rodríguezhttps://www.blogger.com/profile/14534510600256520359noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-9637340974491961602019-05-12T15:45:43.542-04:002019-05-12T15:45:43.542-04:00Hi:
This is quite the story! At various points i...Hi:<br /><br />This is quite the story! At various points in your recounting of the facts you say things that trigger specific legal issues. Responding to them all is not really practical here and I would be writing a text book if I started. What I will do is cut to the end bit and things develop otherwise you can then get a "legal answer" with respect to the other issues.<br /><br />In short, you are not a tenant nor a subtenant. You rented a room inside a rented apartment from the tenant of that apartment. You have no legal title in the premises. At most, you are a roommate. As a roommate the Residential Tenancies Act does not give you a lot of rights. You have effectively no rights under the RTA vis a vis your roommate. As against the landlord you have some protection as a member of the household but you don't have security of tenure nor any obligation to the landlord directly. Your roommate is not a landlord to you as defined in the RTA.<br /><br />Your relationship with your roommate is contractual. Your contract can be oral or written or even implied from the circumstances. Absent explicit terms of the contract a Court would look at this from the perspective of an objectively reasonable person and gauge behaviour and terms from that position.<br /><br />You moved out. Ostensibly without notice and because your roommate made continuing to live there intolerable. If the behaviour was bad enough you can imagine that a Judge would find it perfectly reasonable to move out on the spot without notice. With less good grounds to terminate a Judge might say you owe reasonable notice. In a formal tenancy where you have your own space and control the entirety of that space you would owe 60 days notice to terminate to the end of term. Certainly I would not expect a Judge to ever impose "notice" of more than 60 days on you. When I say "notice" this means the equivalent in rent. I would guess, based on the disclosed facts, that your absolute worst risk is 60 days.<br /><br />If your roommate is provably as bad as you describe then I don't doubt for a second that a Judge would excuse you entirely and perhaps even congratulate you on moving out without notice. Your roommate sounds unstable and his berating you is likely enough to justify immediate termination--for the simple reason that you had to share space with him. I don't doubt that you would not feel safe in that environment and getting out would be absolutely necessary. Depending on the details of the specific facts (i.e. fuller story), you might even argue (if sued) that your roommate breached implied terms of civility and quiet enjoyment and as such he owes you money. Was his behaviour so bad that he forced you to leave before you were ready to leave? Did you incur expenses because of it? Again, depending on the circumstances you might consider suing him--or filing a defendant's claim against him if he sues you. I presume this would all be in Ontario Small Claims Court (the Landlord and Tenant Board would have no jurisdiction).<br /><br />At this stage, it would not be unreasonable to put your former roommate on ignore. If he wants to take legal action then so be it. However, that is doubtful and under the circumstances you describe I don't see him having much success. If legal proceedings start then consider hiring a lawyer or paralegal or get a formal consult know and have the lawyer or paralegal on standby in case something happens. My guess is that nothing will happen as it is expensive to go to Court and it takes a long time for cases to get heard. Your roommate doesn't sound like the type who will go through the trouble.<br /><br />Good luck<br />Michael K. E. Thiele<br />www.ottawalawyers.com Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-22676424472231314182019-05-09T17:03:11.945-04:002019-05-09T17:03:11.945-04:00Hi...
So I have some questions and any help would...Hi...<br /><br />So I have some questions and any help would be much appreciated. Also, I must say that I am a graduate student so I do not have much money so any knowledge would be great.<br /><br />I will explain my situation (sorry in advance if it is long)...<br /><br />Last August I needed to find a place to rent and found a room in an apartment going for $750. I was told that there were going to be cleaning expenses of $45 about every three or four weeks. Then a week before I was to move in, I was told the rent was now $800. I was very naive in thinking it was for the cleaning expenses. To be honest I was in panic mode since if I didn't pay the extra $50 I would have to restart the renting a place process over again. I was told verbally that rent was to be paid on the first of the month by e-transfer; I was not requested to pay last month's rent up front. Also, I did NOT sign anything, that is either a lease, or any type of agreement. Is a craigslist ad a legal binding contract? and does it matter if the ad got deleted? And there was nothing written. <br /><br />The housing situation was an apartment in a highrise. The person I rented from was renting/leasing it. According to the property management company, someone leasing is not allowed to sublet. So... does subletting mean the entire apartment or any part of the apartment (just a room)? Was it illegal for them to rent out the room in the first place? If I wanted to 'rent' it, would my name need to be placed on the lease?<br /><br />Also we shared the kitchen, does that mean that the Landlord-tenant act/law does not apply? Am I considered a boarder or long term guest, not a tenant? Is there a separate set of laws for boarders that I can read somewhere?<br /><br />Should I get back receipts for rent paid to be claimed on my taxes? I'm a grad student and any possible credit helps. By not issuing receipts, does that not make him a landlord?<br /><br />I don't want to get into too many details but I moved out last week. The individual created a toxic and stressful environment. He was partially racist (didn't hate all races but the few that he did, he did extremely well). There was a tremendous amount of yelling at the television when certain topics were on, and twice I was personally yelled at. He often 'heated' the apartment by either cranking up the stove elements or turning up the oven. This was a daily occurance in the winter months and when I turned it off I was initially told that he knew what he was doing and it was a normal occurrence; needless to say I felt very unsafe with this. I could go on and on with other similar stories. Towards the end of the month he told me that I am very dirty and I disgust him (with my laundry habits; well grad school is tough and I was behind on laundry). He felt that I cheated him not paying the cleaning fee. Also, he wanted me to pay last month's rent now since he initially waived it since he felt sorry for me, and now it 'seems that I have money'. Finally, he said that I would have to move out if I continued being so dirty (has anyone worn clothes from the store without washing them? is that a crime? is it worth threatening somebody's housing over?) There were a few racial slurs thrown in for emphasis (at least they were original). I would stay super late in the school library just to avoid him because I didn't want any possible abuse or ridiculous discussions. I couldn't take it anymore, the final 'discussion' was the last straw and I moved out.<br /><br />So he has written me a few messages threatening me legal action. Basically he wants money... either one, two, or four months rent. I have to admit that I returned the keys a couple days late (apparently homelessness eats up far more time that one would expect). Does being a boarder with a verb agreement allow him to sue me for future/potential rent payments? Is any possible legal action null and void to begin with since his lease does not allow subletting? Do I need a lawyer? Where should I turn to?<br /><br />Thanks.Anonymoushttps://www.blogger.com/profile/06980150068452218935noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-1496636145258543252019-04-26T10:19:41.376-04:002019-04-26T10:19:41.376-04:00Hi Teddy:
Hopefully this is just one hand not kno...Hi Teddy:<br /><br />Hopefully this is just one hand not knowing what the other hand is doing. I would send an email to the landlord asking/confirming that they received payment of the rent. I presume the registered mail must have arrived after the rent was due? A Notice of Termination for non-payment of rent (Form N4) can't be served until after the rent is due. Otherwise it is void. If this is a game of the landlord not cashing your rent--even though it is sent by registered mail---you should make sure to have emails to the landlord confirming delivery of the rent and asking for confirmation of payment. You should also ask for a receipt for the rent paid (you are legally entitled to that). In the future, can you change the manner of payment to perhaps sending e-transfers? You get a great traceable record and the bonus is that it is cheaper than a registered letter.<br /><br />Good luck to you<br /><br />Michael K. E. ThieleMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-44781074821476945772019-04-26T04:27:17.576-04:002019-04-26T04:27:17.576-04:00Hi Michael,
I sent a money order to pay my rent t...Hi Michael, <br />I sent a money order to pay my rent to my landlord via registered mail. The same day my landlord received the registered mail containing the money order I came home to find a notice of eviction for non payment of rent. I believe my landlord is not cashing the money order and trying to evict me anyway. What course of action do I take? And can my landlord get away with what they are trying to do?<br />Thanks in advance for your advice <br /><br />TeddyTeddyhttps://www.blogger.com/profile/14037609304107840645noreply@blogger.com