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Author Topic: Above Rent Guidelines and demolition of buildings  (Read 1259 times)

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TheDonway

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Above Rent Guidelines and demolition of buildings
« on: February 22, 2022, 11:13:26 am »
The first topic is the property owner(s) are applying to for  AGRI.

The second topic is the property owner(s) are demolishing these buildings and state the tenants will be given the same type of apartment for the same rent as they are paying now.

If they are demolishing the apartments will they still be able to apply for AGRI

in regards to the AGRI they have claimed they have done work that was not done according to their own managers. Should they still get more rent for a service that was not provided? If the service provided was not necessary and only lasted a year or so, are they still allowed to claim this amount or should they have amended their claim and disclose these facts.

In relation to the demolition of the buildings, these owner(s) have interfered with the rent control tenants reasonable enjoyment for years. As a matter of fact they planned with their investors to earn 22% on their investments in five years. That was printed in the press back in 2017.

Is this common among landlords to preplan the demolition of the buildings and in the meantime force out as many rent control tenants and market value tenants.

Your consideration is greatly appreciated.

Richard

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Re: Above Rent Guidelines and demolition of buildings
« Reply #1 on: February 25, 2022, 01:21:36 pm »
Hi TheDonway,

I'm sorry to hear about the trouble your landlord is giving you.

This Forum has a section that deal specifically with Above Guideline Rent Increases, here:

   https://www.torontorentersforum.com/above-guideline-rent-increases/

and there's a terrific document to get you up to speed, that may answer some of your questions:

   https://www.torontorentersforum.com/index.php?action=tportal;sa=download;dl=get5

You should probably read that document first, but to answer your second question, I would think that you could make a pretty strong argumant that the repairs ("capital projects") that your landlord is using to justify their application for the AGI were unnecessary given that the buildings are being torn down.  You should probably consult with a paralegal or lawyer who is versed in AGIs, and show-up at the hearing ready to argue against your landlord's AGI application.

Also, you should spread the word to your neighbours, that if any of them are thinking of returning to apartments in the new building, then they have to inform your landlord in writing of their intention to return before they move out.  Otherwise they could lose their right to return at the equivalent rent.

- Richard


TheDonway

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Re: Above Rent Guidelines and demolition of buildings
« Reply #2 on: February 26, 2022, 08:18:31 am »
Thank you for your response.

Does the landlord have to give us back the same unit and rent we pay when they turn these into condos.

IE have two bedroom with private garage and pay around $1100 rent.

What document do I have to have signed or written so it is legal and avoids them changing the game later when the new buildings are built.

Richard

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Re: Above Rent Guidelines and demolition of buildings
« Reply #3 on: March 15, 2022, 01:58:41 pm »
The Steps to Justice website has some terrific and trustworthy legal information about your situation.

The section dealing with evictions for renovations starts here:

   https://stepstojustice.ca/questions/housing-law/can-my-landlord-make-me-move-out-repairs-or-renovations/

but the part that addresses your specific question about preserving your right to return is here:

   https://stepstojustice.ca/steps/housing-law/protect-your-right-move-back-later/

So I believe you only need to send your landlord a letter (probably best to send it registered mail) declaring your intention to ustilise your right to return, and your new address (if you have it at that point).  And keep your landlord updated in writing with regards to your address while you are out of the building.  You should probably speak with a lawyer to make-sure that this is done right, and that no details are missed.

I believe that the law requires the landlord to provide a similar apartment (similar square footrage and facilities, etc.) while allowing for some changes, as the renovations may be quite significant (i.e., your exact apartment may no longer exist following the renovations).  But you would be better to ask a lawyer about this.

With regards to the rent, they are only allowed to charge the rent that you would have been paying, if you hadn't been temporarily evicted.  So, for example, if while you are out of your apartment, you would have received your annual rent increase, then the landlord is allowed to include that rent increase in your new rent.  So your rent stays the same as it would have been, not exactly the same as it was the day you move out.  Again, you should probably check with a lawyer.


TheDonway

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Re: Above Rent Guidelines and demolition of buildings
« Reply #4 on: July 04, 2022, 10:43:45 am »
There is a virtual meeting tomorrow in regards to the demolition of these buildings.

Has anyone done this before and what questions would you ask.

For example: when a tenant comes back to their new apartment once the condos are built at the same rent, how long does this apply.

I heard the same rent is only good for one year and after that the rent will go to market value. Is this true?

Any suggestions would be greatly appreciated.




 

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