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Messages - Richard

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16
Above Guideline Rent Increases / Rent Reductions follow Above Guidelines...
« on: September 02, 2022, 11:36:45 am »

This is important!  Not everyone knows that Above Guideline Rent Increases only last for a certain length of time (prescibed by the Landlord and Tenant Board when they award an AGI to a landlord), and after that time the rents are decreased by the same amount.

So for example, if you receive an AGI for 1.75% (which applies in addition to any regular annual rent increases you will receive) for 12 years, then after twelve years your rent will decrease by 1.75%.

Note, however, that typical landlords are not predisposed to lower your rent on their own (if you don't know about this rent lowering, or forget about the AGI because it happend so long ago), and if you continue to pay the higher rent for a full year, then you lose the right to have your rent lowered.

A real-life example of this is 111 Lawton Blvd, here in Toronto.  These renters have received three AGIs over the last 15 years or so, but those rent increases are about to come off their rents.  (Thank goodness these renters are organised, and know the rules!)  Here's a link to their blog 111 LAWTON BLVD. ABOVE GUIDELINE RENT REDUCTIONS - AKELIUS CANADA LTD.


17
Above Guideline Rent Increases / News Article about Above the Guideline Rent Increases
« on: September 02, 2022, 11:21:56 am »

An article written by Jenna Moon was recently published in the Toront Star about landlords (and especially corporate landlords) abusing the "Above Guideline Rent Increase" process to unfairly hike rents:

Toronto Star:  Concern is growing that landlords are using ‘above guideline increases’ to raise rents far above the yearly cap

This article also appeares in the Hamilton Stectator, which I believe is not hidden behind a pay-wall.



18
General Discussion / Landlord and Tenant Board is in a total state of crisis
« on: August 25, 2022, 09:12:38 am »

Doug Ford's conservatives have been underfunding the LTB for years, and have deliberately suspended appointing new adjudicators (judges), hobbling the system.  Having created the crisis, my guess is that their next step is going to be to bring in a new even more "efficient" system further slanted against tenants.  In the meanwhile, these "online proceedings" have been imposed upon us, that are very unfair to a majority of renters.

Here's an article in BlogTO:

Ontario's Landlord and Tenant Board is in a total state of crisis
https://www.blogto.com/real-estate-toronto/2022/08/ontario-landlord-tenant-board-state-crisis/

19
General Discussion / Eviction notice after landlord tries to raise rent $200 per month
« on: August 25, 2022, 09:01:33 am »

Another news story about a fradulent eviction...

Toronto woman gets eviction notice after landlord tries to raise rent $200 per month
https://toronto.ctvnews.ca/toronto-tenant-fears-she-s-being-evicted-so-landlord-can-hike-rental-prices-1.6037766

20
General Discussion / Re: Landlord evicting tenants wants a new ‘demographic’ of tenant
« on: August 04, 2022, 05:54:59 pm »

Terrific Article Jojo!!

For those who don't subscribe to the Toronto Star, here's a link to the article that is free:

   https://www.thestar.com/real-estate/2022/07/29/renters-facing-eviction-found-a-memo-from-their-new-landlord-saying-they-wanted-a-new-demographic-of-tenant-the-company-says-it-was-a-mistake.html

And here's a couple of social media posts reporting this article:

   https://www.facebook.com/CLEOLegalRights/posts/5266211340152813

   https://twitter.com/REWoman/status/1553392366857379841

This is outrageous!  These "demographic-ist" people shouldn't be allowed to own a building here in a multi-cultural country like Canada.


21
Starting a Tenant Association / Tenants stopped their entire building from being evicted - Here's How
« on: April 22, 2022, 10:43:30 pm »
These Toronto tenants stopped their entire building from being evicted. Here's how they did it

https://toronto.ctvnews.ca/these-toronto-tenants-stopped-their-entire-building-from-being-evicted-here-s-how-they-did-it-1.5872412

  • TALK TO YOUR NEIGHBOURS
  • ACCESS COMMUNITY RESOURCES
  • WORK AS A GROUP
  • PREPARE FOR A LONG PROCESS
  • ...in short...  Start a Tenants' Association in your building!!

22
Rent / The average cost to rent a condo in Toronto in 2022 revealed
« on: April 22, 2022, 10:38:18 pm »
The average cost to rent a condo in Toronto in 2022 revealed

Quote
New data from the Toronto Region Real Estate Board suggests that the average monthly rent of a one-bedroom unit processed through its MLS system reached $2,145 in the first quarter of 2022, which equates to a year-over-year increase of 17.8 per cent.

The average monthly rent of a two-bedroom unit, meanwhile, was up 17.2 per cent year-over-year and now stands at $2,867.

https://toronto.ctvnews.ca/the-average-cost-to-rent-a-condo-in-toronto-in-2022-revealed-1.5870207

23
General Discussion / Landlord Tenant Board backlog: Ontarians are waiting months
« on: April 22, 2022, 10:35:25 pm »
Landlord Tenant Board backlog: Why Ontarians are waiting months for resolutions


https://toronto.ctvnews.ca/landlord-tenant-board-backlog-why-ontarians-are-waiting-months-for-resolutions-1.5872030

Quote
Major backlogs at Ontario's Landlord Tenant Board, due in part to the COVID-19 pandemic, is forcing people to wait months, even years for a hearing, drawing out disputes between property owners and renters.

24
Akelius / Re: subletting a unit, being asked to sign a new lease with a huge rent increase
« on: March 15, 2022, 02:09:15 pm »
Quote from: Incrediblystressed on March 01, 2022, 05:11:12 pm
Hello All,

It is is my first time posting here, I apologize if I'm doing anything incorrectly.
I am currently subletting an apartment in an akelius building of off st clair. The original tenant is not returning, and both they and the landlord said I would be able to stay in the unit after the sublet agreement. The landlord insisted on a new lease rather than a lease assignment. They are asking I pay more about $300 more monthly. I can't really afford this, but I also have less than a month to find a new place now and I am having trouble finding anything. Is there anything I can do? Is it worth talking to the landlord and essentially begging them to keep the rent the same?

Thank you for anyone who took the time to read this.


Hi Incrediblystressed,

That's a difficult situation.

I'm assummiong that you weren't on the lease previously?  In which case the landlord is allowed to ask you to sign a new lease, which unfortunately menas that they can ask for a newer higher rent too.

You should definitely try to negotiate with the landlord.  Stress how you've been a good and conscientious tenant, etc., and explain that you simply cannot afford the higher rent.  They may say "no", but they definitely won't bring the rent down if you don't ask.

Has the tenant that you were subletting from given their final notice to move out?  Any chance you can convince them to stay in the apartment, at least on paper?  Thereby allowing you to remain subletting from them?

If Akelius won't reduce the rent, you could try asking them whether they have a more affordable apartment either in the same building, or perhaps a nearby one?

Finding apartments is tough right now.  I hope that you find one soon – keep looking!


25
General Discussion / Re: Above Rent Guidelines and demolition of buildings
« 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.


26
General Discussion / Re: Above Rent Guidelines and demolition of buildings
« 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


27
Other Tenant Problems / Re: Claiming pet violation
« on: February 25, 2022, 01:12:08 pm »

In Ontario the Residential Tenancies Act (the law that covers renting a residence) does not allow landlords to ban pets of any kind.

This is such a common question that the FMTA ("Federation of Metro Tenant Associations", which is a terrific tenant advocacy group her in Toronto) covers this in their FAQ:

See here (and scroll down to “Can my landlord evict me if I have a pet?”):
   https://www.torontotenants.org/tenant_faq

And here’s a link to the relevant law:

   https://www.ontario.ca/laws/statute/06r17#BK19

Which states:

Quote
“No pet” provisions void

14 A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.  2006, c. 17, s. 14.

That said, there may be other laws that pertain to your situation.  For example, if you have a pet that hurts or is a nuisance to other people, or that damages the premises, then that could be grounds for a landlord to legitimately complain.

Also, (and this would seem to apply to your situation) condominiums may have bylaws that restrict pets, so if you rent in a condo then you have to follow those rules too.

And lastly, if you are renting a room in the landlord’s house, whereby you share the kitchen and/or a bathroom with the landlord, then they can impose pet restrictions.

Steps to Justice (a terrific information source written by lawyers about the laws here in Ontario) has a couple of pages explaining this:

https://stepstojustice.ca/steps/housing-law/find-out-if-building-can-restrict-pets

https://stepstojustice.ca/steps/housing-law/be-responsible-pet-owner

So so answer your question:  it depends.  If you were renting a separate apartment (not just a room in your landlord’s house where he or she lives too), not in a condominium that forbids pets, then your landlord couldn’t do anything.

But in your case the condominium bylaws would seem to apply.  It sounds like you are not allowed to have a pet.





28
Rent / Re: Rent Increase
« on: December 23, 2021, 08:37:29 am »

In addition to what Sandy says above, I think that in 2019 your rent increase was illegal, because you agreed to a new higher rent without your landlord providing a benefit to you (either a capital expenditure or new service).

Here’s the law:  https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html#sec121subsec1

“121 (1) A landlord and a tenant may agree to increase the rent charged to the tenant for a rental unit above the guideline if,

(a)  the landlord has carried out or undertakes to carry out a specified capital expenditure in exchange for the rent increase; or

(b)  the landlord has provided or undertakes to provide a new or additional service in exchange for the rent increase.”

Also, see: https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html#sec134subsec1

“134 (1) Unless otherwise prescribed, no landlord shall, directly or indirectly, with respect to any rental unit, […]

(b)  require or attempt to require a tenant or prospective tenant to pay any consideration for goods or services as a condition for granting the tenancy or continuing to permit occupancy of a rental unit if that consideration is in addition to the rent the tenant is lawfully required to pay to the landlord;”

However, because you kept paying the illegally high rent for more than one year, that is now your legal rent:

https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html#sec135subsec1

“135 (1) A tenant or former tenant of a rental unit may apply to the Board for an order that the landlord, superintendent or agent of the landlord pay to the tenant any money the person collected or retained in contravention of this Act or the Tenant Protection Act, 1997.

[…]

135.1 (1) An increase in rent that would otherwise be void under subsection 116 (4) is deemed not to be void if the tenant has paid the increased rent in respect of each rental period for at least 12 consecutive months.”

Just so everyone knows, especially as a provincial election is coming next year, the provision in section 135.1 that makes illegal rent increases legal if the tenant hasn’t filed an official complaint within one year, was added to the law in 2020 by the Conservative Ford government.  This is yet another example of the sorts of things he has done solely to protect his rich landlord buddies at the expense of renters, in this case protecting criminal landlords who raise rents more than the legal amount!










29
Other Tenant Problems / Re: Can my landlord ask my girlfriend's ID, while I'm the only tenant on lease?
« on: October 10, 2021, 08:34:08 pm »
Also, just so you know, you can get good information regarding your specific situation by calling the Federation of Metro Tenant Associations Telephone Hotline:

   https://www.torontotenants.org/hotline

at:   416-921-9494


30
Pests / Re: Pest Issues
« on: October 08, 2021, 11:33:34 am »
Quote from: CoffeeLover on October 05, 2021, 08:30:56 am
Don't you have to let the building know. Otherwise they may not allow an exterminator to come in. Who will be paying the pest control company ??


Hi CoffeeLover,

If one has an infestation problem, then it is probably a good idea to let your landlord know because they may act to solve the problem on their own (as it is the landlord's legal responsibility to resolve pest issues).

But if the landlord doesn't act, then complaining to Toronto Public Health through the "Health Connection" line, or to "Property Standards", is the next logical step.  Those organizations are able to inspect and legally compel the landlord to resolve the problem.  Their inspectors will deal directly with the landlord and have a lot of power.

Regarding who will be paying - the Toronto Municipal Code and Residential Tenancies Act make it clear that resolving pets is the responsibility of the landlord - so your landlord has to pay for the exterminator, as well as any fines leveled by the city inspectors.


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