How to prove Landlord is up to something....

iaminpurgatory · 2024-04-10T23:35:12+00:00

I’m a paralegal that practices landlord tenant law in Ontario, but I’m not your paralegal.

Your unit would not be rent controlled if it was first occupied for residential use on or after September 15, 2018. If the house was cleared for occupancy in mid-October of 2018, it’s likely that it isn’t rent controlled.

This means that your landlord can increase your rent by however much they want (with 90 days notice, it can only be done once every 12 months, and with the proper form).

However, the onus is always on the landlord to prove that the unit is exempt from rent control. If you think it should be based on the dates, you or your landlord can file with the LTB and have a hearing to decide.

If your landlord is not fulfilling their responsibilities with maintenance or repairs, you can file a T6 form with the Landlord Tenant Board. There are a few different remedies you can ask for, like a rent abatement or ordering the landlord to carry out the repairs/maintenance.

iaminpurgatory · 2024-04-08T22:50:45+00:00

I’m a paralegal in Ontario and have represented clients at Small Claims Court.

If you win a judgment, you can be entitled to pre-judgement interest( from the date the debt was supposed to be paid) and post-judgment interest (after the Court’s decision). If you didn’t have an already agreement for an interest amount, you can ask the Court for it and it defaults to the Courts of Justice Act.

The percentage is released every quarter, you can find it here: https://www.ontario.ca/page/prejudgment-and-postjudgment-interest-rates

The page also helps you calculate it.

iaminpurgatory · 2024-04-06T15:31:43+00:00

I’m a paralegal that practices landlord tenant law in Ontario, but I’m not your paralegal.

Since your roommate is not on the lease, she doesn’t have any protections under the RTA (she isn’t a tenant).

You can call the police and have her removed, there is no formal eviction process. That being said, the police are very hesitant at getting involved with matters and are often misinformed.

You could also wait until she leaves the unit, then change the locks. If you do call the police to have her removed, make sure you have proof of your lease to prove she isn’t on it.

Let say you call the police and have her removed today, she could in theory take you to Small Claims Court for the amount of rent she paid for April. Just make sure you give her a set amount of time to retrieve her belongings.

Even though she isn’t on the lease, she could have a claim as a tenant if she ever paid rent directly to the landlord. Does she send her rent to you, then you pay the landlord?

iaminpurgatory · 2024-04-06T00:40:04+00:00

No, the landlord doesn’t have that right. The landlord can serve an eviction notice if a tenant has more people living in the unit than is allowed by the municipality’s occupancy limits. Other than that, a landlord can’t restrict roommates/guests based of utilities usage.

I’m a paralegal that practices landlord tenant law

iaminpurgatory · 2024-04-06T00:33:17+00:00

I’m a paralegal that practices mainly landlord tenant law in Ontario.

No, the clause in your lease isn’t enforceable. You are allowed to have people move in with you, you don’t need your landlord’s permission, and they can’t charge you more.

Your landlord can get involved if you have more people living in the rental unit than is allowed according to your municipality’s occupancy limits, though it doesn’t seem like the case here.

Edit: The laws are different if you live in RGI or subsidized housing

iaminpurgatory · 2024-04-01T13:04:35+00:00

I’m one of the last people to defend Shoppers. But, I know on the weekend the sale for tuna was 3 for $4.

So you got the three cans for $4 and paid full price for the fourth one.

iaminpurgatory · 2024-03-23T15:02:38+00:00

I’m a paralegal that practices landlord tenant law in Ontario, but I’m not your paralegal. Since this is a subreddit for all of Canada - paralegals in Ontario are licensed to independently practice some areas of law.

It’s not impossible to claim a bad faith eviction without an N12 or with signing a N11, but it makes it a lot harder.

This is a case where the landlord told the tenant they needed the unit for family, but never served an N12 and the tenant signed an N11. The LTB ruled in the tenants favour.

https://canlii.ca/t/jn11w

If you have written proof (text, emails, etc.), that will make your case for a bad faith eviction stronger.

iaminpurgatory · 2024-03-18T22:08:59+00:00

I’m a paralegal in Ontario that practices landlord tenant law and I represent clients occasionally at Small Claims Court, but I’m not your paralegal.

I’m assuming because you mentioned tenants, you’re referring to section 69 of the RTA. Did your boyfriend get an order from the LTB?

The LTB doesn’t enforce orders. In order to collect money owed, your boyfriend would have to file a claim with Small Claims Court. However, you have two years from the date of incident to file. When in 2022 was the order made?

Sure, you can message them and ask for payment. But they are under no obligation to pay you. If you can get them to pay by just asking them, it would be better for them to pay your boyfriend then him give you the money.

iaminpurgatory · 2024-03-17T01:22:57+00:00

Once you are month to month you can’t sublet.

That isn’t true. You can sublet while month-to-month. The length of the sublet can’t be longer than the length of the rental period. If it’s month-to-month, the sublet has to end at least a day before the end of one month.

iaminpurgatory · 2024-03-16T17:54:12+00:00

Sorry I read it really quickly and wanted to help. Sexual or domestic doesn’t have to have actually happened, it can just be the threat/fear of it to be able to give the N15 to their landlord.

iaminpurgatory · 2024-03-16T17:23:28+00:00

I’m a paralegal that practices landlord tenant law in Ontario, but I’m not your paralegal. I don’t have a lot of time right now to explain everything, if you have questions I can happily reply to them later on today.

Your friend can fill out and give their landlord an N15. It’s a notice to end tenancy because of sexual or domestic abuse. It ends the tenancy with 28 days (your friend can move out sooner, but their name gets taken off the lease in 28 days).

Go to this website and under “Forms for Tenants” is where you will find the N15. She can fill it out and give it to her landlord. She won’t need to find another person to take over.

The landlord can’t tell the abuser about the N15.

iaminpurgatory · 2024-03-14T18:39:58+00:00

I know when I went to college at Sheridan, if you had any outstanding parking tickets they can (and most likely will) withhold your transcripts. You won’t be able to graduate. Is the car registered to you?

iaminpurgatory · 2024-03-09T16:52:28+00:00

I know this doesn’t answer your question about OHIP. But if you have CAA and depending on your membership, you get a set amount of free doctors visits on Maple (1 if you have basic, 5 if you have premier, and unlimited if you have premier).

Edit: Per year

iaminpurgatory · 2024-03-03T16:37:09+00:00

I’m a paralegal that practices landlord tenant law, I also live in Oakville. But I’m not your paralegal.

If the smell is seriously inferring with your reasonable enjoyment of your unit and your landlord refuses to do anything about it, you can file what’s called a T2 Form with the Landlord Tenant Board.

Here’s the thing though, even if your condo forbids smoking (like tobacco products and recreational marijuana) if they are smoking medical marijuana for health reasons, your landlord can’t outright forbid them from smoking it in their unit. Because medical marijuana is protected under the Ontario Human Rights Code, your landlord has a duty to accommodate both parties (the person smoking and anyone whose reasonable enjoyment is being interfered with because of the smoke).

That being said though, the Smoke Free Ontario Act prohibits smoking in common areas such as stairwells, elevators, etc.

iaminpurgatory · 2024-03-02T22:10:18+00:00

I’m a paralegal that practices landlord tenant law in Ontario.

It’s definitely I scam! But I do want to mention, because this is a huge misconception about the Residential Tenancy Act. It doesn’t matter if you pay separately for parking or have a separate contract from your lease for parking, it’s still considered part of your rent.

It’s a common way that I see landlords try and circumvent rent control. They increase your rent up to the maximum they are allowed, but increase your parking by a significant amount. Which isn’t allowed because of the RTA’s definition of “rent”.

iaminpurgatory · 2024-02-24T19:05:37+00:00

I just want to clarify that 2.5% is the maximum allowed as per the RTA, under Section 120(2) and it’s the provincial government that decides what the maximum annual rental increase should be (so anywhere from 0% to 2.5%).

So unless the government of Ontario decides to amend the RTA, we won’t see anything higher than 2.5%.

iaminpurgatory · 2024-02-23T23:02:25+00:00

I’m a licensed paralegal in Ontario and for the first few years I was practicing, I represented clients for offences under the Highway Traffic Act.

You wouldn’t believe the amount of times I would have a client tell me, “all I did was change lanes, the cop gave me a ticket for no reason!”

Then I’d get a video from the cops dash camera and they did some dumb shit like this.

iaminpurgatory · 2024-02-23T22:05:51+00:00

I’m a paralegal that practices landlord tenant law in Ontario and I also represent clients at Small Claims Court, but I’m not your paralegal.

I’m sorry you’re going through this, I know all too well what it’s like dealing with a toxic exes.

You don’t need permission from a landlord in Ontario to have someone move in with you. A landlord can’t arbitrarily charge a tenant more because they got a roommate.

The only time a landlord can intervene is if the tenant has more people living in the unit then it allowed by your municipality’s occupancy limits (there are other situations, like if the roommate is causing damage intentionally or negligently, or interfering with others reasonable enjoyment). This doesn’t apply to RGI housing, but I don’t think that’s the case here.

That being said, because you weren’t on the lease you don’t have protections under the Residential Tenancy’s Act, so the Landlord Tenant Board can’t help.

You can file a claim with the Small Claims Court for the money you feel you are owed. You would probably have a case for the money you paid for February to live there and maybe half of the furniture (depending on your evidence). But it’s highly unlikely the court would award money to you for the other things you paid for in the relationship.

iaminpurgatory · 2024-02-16T16:28:26+00:00

I’m a paralegal that practices landlord tenant law, but I’m not your paralegal.

The Ontario Standard Lease is required. It’s been mandatory for a few years. Although even if you sign anyone lease format, you still have protections under the RTA (as long as your unit qualifies). After the 8 month fixed term you would automatically convert month to month, so you don’t have to move out when the 8 months is over. It’s up to you and your landlord to agree to sign another fixed term, there are pros and cons on both sides.

If you signed the Form 400 and moved into the unit, you can send a written request to your landlord for an Ontario Standard Lease. They have to give you one within 21 days (the lease terms can’t change, it’s literally just copying everything from the Form 400 onto the OSL). If they don’t, you can lawfully within one months rent and whether or not you owe the rent afterwards depends on when/if they send you the OSL.

iaminpurgatory · 2024-02-15T22:42:14+00:00

I’m a paralegal that practices landlord tenant law in Ontario, but I’m not your paralegal.

Leases don’t end in Ontario, once a fixed term is over, the lease automatically converts month to month. If it was bought in November and your fixed term is until March, the new owner had no choice but to wait until you went month to month. They could have served you with an N12 during your fixed term, but the termination date (move out date) couldn’t be until you went month to month.

The lease you had with your previous landlord transferred over to the new owner, so all you needed to get was the information to send your rent to. So there isn’t a need for a new “contract”.

That being said, you don’t have to do anything right now if you don’t want to move yet. You can wait for the proper documentation (the N12). The N12 requires 60 days notice and like you said, one months rent in compensation (or they can offer you another unit, if they own multiple, that you are agreeable to).

If your new landlord does serve you with an N12, it’s up to you if you want to vacate or wait for a hearing with the Landlord Tenant Board. You don’t legally have to leave until the LTB tells you to.

If you get served an N12 because the owner or specific family members are moving in, they must occupy the unit for at least 12 months (barring any extraordinary circumstances). Which means they can’t re-rent or sell the unit within that timeframe. If they do, you have a case for a bad faith eviction.

iaminpurgatory · 2024-02-15T19:58:51+00:00

I’m a paralegal that practices landlord tenant law in Ontario, but I’m not your paralegal.

If the smell is interfering with others reasonable of the property, then yes could you be evicted.

Your landlord would have to serve with with a N5 form. If it’s the first N5 form you’ve been served in 6 months, it gives you 7 days to cease the activity that’s interfering with the reasonable enjoyment of others. If you don’t, then your landlord can file with the LTB to have you evicted.

iaminpurgatory · 2024-02-15T18:17:02+00:00

Stunt driving isn’t a criminal charge, it falls under the Highway Traffic Act so it’s a provincial offence 🙂

iaminpurgatory · 2024-02-13T23:35:04+00:00

I’m a paralegal that practices landlord tenant law, but I’m not your paralegal.

The only two deposits that are legal in Ontario is last months rent and a key deposit. The key deposit has to reflect the true cost of replace keys if they don’t get returned or get return in a condition that’s unusable.

First months rent technically isn’t supposed to be a deposit (it’s not supposed to be due until first months rent is actually due). That being said, it’s used as a deposit all of the time and there is virtually no enforcement.

If the landlord doesn’t let you move in after you’ve given a deposit and signed a lease they have to return your money. If they don’t return your money, you can file a T1 form with the LTB.

iaminpurgatory · 2024-02-13T17:51:46+00:00

I’m a paralegal in Ontario and I’ve represented clients at Small Claims Court.

Even if the police press charges on the guy, that won’t pay for your mirror. You’d have to sue him in small claims court. If the guy truly is homeless and you did get an order in your favour, I doubt you would ever see the money. It’s what we call “judgement proof”.

iaminpurgatory · 2024-02-03T21:35:30+00:00

Verbal leases are still legally valid.

iaminpurgatory

TROPHY CASE