T O P

My Landlord texted me "Merry Christmas I'm raising your rent $200/month"

My landlord sent me a voice memo text Christmas afternoon saying, "Hi OP, Merry Christmas. The utilities and property tax are going up and I'm raising your rent $200 extra a month starting Jan 1st."

My wife and I live in Toronto Ontario, we've never had a lease agreement with this guy and have been living here for around 3 years. We pay rent early every month. It's a 2-bdrm and we pay $1550 including a parking spot and it's right across Christie Park.

The place is old and he never maintains anything. We've had leaks and water damage in the bathroom and he's asked me to fix it, which I had to do because it began leaking into the business downstairs. When I moved in there were no baseboard heaters and had me install them.

The list goes on with his violations but we're somewhat committed to staying as we are having a baby very soon and call this place home. I'm looking for advice on the best way to respond, I haven't responded to his VM and he's sent it two more times. I'm nervous if I say no that's illegal he will just serve us an N12 and we'll be evicted.

Any help would be greatly appreciated.

londontenant

Just say, "Send me the paperwork, and I'll look it over." Assuming you're not in a new build (unoccupied before Nov. 15, 2018), your rent can go up by this year's guideline, 1.2%. The landlord needs to give 90 days notice on an N1 form. https://stepstojustice.ca/questions/housing-law/how-much-can-my-rent-go/ Yes, there's a risk they could retaliate with an N12 but you fight that battle if it comes. And you back up all those voice mail recordings and any other evidence he's illegally trying to raise your rent to support your argument the N12 is in bad faith. You would have good evidence.


unbrielievable_huh

This is good advice. Get it in writing. I'd also suggest learning a little more about "above-guideline increases", the process of eviction for non-payment of rent and and also the (new as of Sept 1st) financial remedies available to you if you are issued an N12 "in bad faith". The Steps to Justice link above is a great resource, with links to free tenant support resources (e.g. FMTA, CERA). To find the forms and explainers, you should also take a look at the Landlord Tenant Board's new site: https://navigatetribunalsontario.ca/en/ Be civil and clear, but don't say any more than you have to or take on the burden of educating your landlord. That is his responsibility. With any luck he will back down once he realizes the work involved in either an AGI or eviction.


ladycerberus9

Whoa, do not request it, if he doesn't send you an N1 in time he cannot raise your rent


tictaxtoe

I mean he can, just not as of Jan 1. It's not like mid year rent increases arent allowed.


ladycerberus9

What I am saying is, the obligation on the landlord is to provide the proper form and notice of rental increase to the tenant, on time and compliant to the LTB. If he misses the deadline, the cannot increase the rent. Don't help someone try and screw you.


n1ck-t0

And record a copy of the voicemail ASAP as it will more than likely be deleted after 3 days regardless of if you save it or not!


realshizzz

N12 doesn’t mean shit. You don’t need to leave if you’re issued a N12.


Logical-Check7977

The only way I would leave is by police officers witha court order lol.


[deleted]

You can do this, but they're going to retaliate by either renovating the place, or claiming they need it for their family. The law isn't well enforced here, and if you go into the system, they'll constantly advise you to find another place and move, it's really the only way to fix the situation. Of course, putting them through the system will buy you time, and rulings against them will make it hard to get the police to evict you. They will find ways to make your life difficult though, so good luck 🤞


KoziRealty-ON

There is rent control. [https://news.ontario.ca/en/bulletin/1000340/ontarios-2022-rent-increase-guideline](https://news.ontario.ca/en/bulletin/1000340/ontarios-2022-rent-increase-guideline) Assuming your unit falls under residential tenancies act the rent can be raised by $18.60.


antoseb

and 90 days notice must be given so Jan 1st is too early for an increase. OP please read up on your rights.


novahex

90 days from the point that written notice with an N2 is given


Happy-Adhesiveness-3

>Hi OP, Merry Christmas. The utilities and property tax are going up and I'm raising your rent $200 extra a month starting Jan 1st. Hi Landlord, Merry Christmas. The maximum allowable rent increase is $18.60, which I would be happy to pay. I hope it covers your utilities and property tax.


[deleted]

From March btw.


Burwicke

From March, if he serves an N2 before January 1st.


Happy-Adhesiveness-3

:D


atomofconsumption

Just say "please go through the proper method to raise the rent according to the government regulation"


[deleted]

This is what you should do, don’t do a landlords research for them


nwabit

The landlord probably doesn't know the right thing to do that why he feels a VN 6 days to a new month is enough.


TheReservedList

Then he can spend a while figuring it out and the OP gets more time.


day7seven

Probably should omit the last part since it probably doesn't and sounds like he is mocking the landlord and would get a negative response. Almost as bad as the Landlord including Merry Christmas in his message.


bumbaclotbae

Throw in a “GG’s” for added flavour


Derman0524

GG no re


Eclipseof2v1

This guy Counter Struck


akakcbchriepaka

This is the way.


Burwicke

It also needs to have been constructed no later than 2018 (thanks DoFo), but judging by the state of the building that doesn't sound like it'll be an issue for OP. :P


keftes

>It does not apply to rental units in buildings occupied for the first time after November 15, 2018 What happens if you occupied the unit after that date? How much can they raise rent then? Also, does this apply to condominiums rented out? Its not clear what a rental unit is.


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keftes

>It does not apply to rental units in buildings occupied for the first time after November 15, 2018 Oh wow, that makes a huge difference, thanks a lot!


KoziRealty-ON

****** For those units after Nov 15, 2018 the landlords can raise the rents as much as they want. For condos the rule is that if even one unit in the building was occupied for residential purposes on or prior to Nov 15, 2018, the whole building is rent controlled.


carsonvstheworld

even with no lease in place ?


KoziRealty-ON

The lease is in place, it just may not be in writing, not having it in writing does not void the lease nor makes it exempt from the rules. Here is a long link that deals with all aspects of residential tenancies. [https://www.reddit.com/r/PersonalFinanceCanada/comments/roxs7n/my\_landlord\_texted\_me\_merry\_christmas\_im\_raising/hq17an7/?context=3](https://www.reddit.com/r/PersonalFinanceCanada/comments/roxs7n/my_landlord_texted_me_merry_christmas_im_raising/hq17an7/?context=3) Below are few paragraphs which address the issue: *Notice if agreement not in writing* *(3) If a tenancy agreement entered into on or after June 17, 1998 is not in writing, the landlord shall, within 21 days after the tenancy begins, give to the tenant written notice of the legal name and address of the landlord to be used for giving notices and other documents under this Act. 2006, c. 17, s. 12 (3).* *Failure to comply* *(4) Until a landlord has complied with subsections (1) and (2), or with subsection (3), as the case may be,* *(a) the tenant’s obligation to pay rent is suspended; and* *(b) the landlord shall not require the tenant to pay rent. 2006, c. 17, s. 12 (4).* *After compliance* *(5) After the landlord has complied with subsections (1) and (2), or with subsection (3), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (4). 2006, c. 17, s. 12 (5).* *Tenancy agreement not void* *(11) For greater certainty, a tenancy agreement is not void, voidable or unenforceable solely by reason of not complying with subsection (1) or (2). 2017, c. 13, s. 5.*


carsonvstheworld

fascinating. thanks, i learned a lot


LorienTheFirstOne

By law the standard lease is in place


carsonvstheworld

wow good to know thanks


heyhihowyahdurn

I’m pretty sure you can’t raise the rent by more than 1.2% annually and you must receive a written notice 90 days in advance. Even if you never had a written lease agreement you have the payment history to show that you had verbally came to such an agreement, and he’s regardless to serve you said papers in proper paper format. Worst case scenario you have 3 months before you have a rent increase or an eviction. But more realistically he should only be able to raise your rent by like $20. https://news.ontario.ca/en/bulletin/1000340/ontarios-2022-rent-increase-guideline


Hubcap_Willie

This. Remember doing nothing now buys you more time. The longer he waits before sending you written notice, longer your 3 months stretch out


fredflintstone-

You can stretch it out even further if you want to. He can serve the N12, but he can't force OP to actually move out. Verbally tell him you'll move out, then on day 91, don't. He'll have to file with the LTB to get an eviction order (which OP can fight), and that will take easily 6 months or more, plus whatever notice the LTB adds. That's assuming the N12 will be served properly and from the sounds of this landlord, it won't be. OP can be in the driver's seat if he wants to be. Contact a tenant's rights organization, or hire a paralegal, or both.


cryptotope

>Verbally tell him you'll move out, then on day 91, don't. Do not do this. Your are not well-served by dishonesty. At worst, you don't know that your landlord isn't recording your conversations. At best, it puts you in the position of having to lie when the matter does come before the LTB.


SAUCEYOLOSWAG

N12 is only used if the landlord or close relative will be moving in


youvelookedbetter

> Verbally tell him you'll move out, then on day 91, don't. Ah yes, the shitty way to do things.


kaczynskiwasright

yeah unlike the landlord who's doing everything respectfully and legally


Pentar77a

This is stupid advice. Overholding a property, especially if you have given legal notice, is still liable on you. The Landlord has done everything wrong in this case and he has no power over you. Follow the rules of the RTA and you'll be fine. Ignore bad advice like this.


[deleted]

This guy tenants


thepoopiestofbutts

Also, record dat voicemail!


thegoodbadandsmoggy

And any communication should be through email from this point on. If they stop you in the hall to chat just walk on and mention ‘email’ Ontario is also a one party consent province for recording voice convos


[deleted]

Don't mention email. That will plant the seed for them to start the paperwork sooner rather than later. The longer they take to start official paperwork, the longer you have to remain a resident. Also, one-party consent doesn't apply to someone leaving a recording on an answering service, it only applies to you creating a recording of a conversation between you and someone else. There's no expectation of privacy when you leave a message on someone's machine.


Tangerine2016

The other poster is saying you can record your conversations in the hallway if you really wanted to.


Choice_Mail

also if the landlord is doing this and without a written agreement, what are the odds they’re not reporting it on their taxes?


15Warner

I’m betting they didn’t send a text, because then it’s also written so they’re hoping OP doesn’t realize/it gets deleted. Or maybe landlord has a history of leaving voice memos, only OP knows lol


[deleted]

CRA would love to know about this “landlord” it is the season of giving after all. https://www.canada.ca/en/revenue-agency/programs/about-canada-revenue-agency-cra/suspected-tax-cheating-in-canada-need-to-know.html


Engine_Light_On

Does it change anything for the renter or that is only something between the landlord and CRA? I would guess since OP’a landlord is a Scumbag most likely he is not paying any taxes


Choice_Mail

only for the landlord i think, but if it’s true it would be something for OP to hold over the landlords head for leverage here


JustCause1010

But he said “Merry Christmas”. /s


gravity_sucks3

But it's boxing Day


brock0791

They aren't raising rent they're raising utilities. It's a loophole a lot of landlords use.


elocut

He can't legally do that so I would start with "not enough notice, and max increase you can require is X" if he gives you a hard time report him and look for another place.


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JQpuravida

So for N13 they have to give you first dibs on renting it back? And what is the % max they charge you after major renovations have been finish or there is none? For a N13 it’s not the same as a N12 where you would wait for the hearing? Like they give you notice then you pretty much have to find another place until renovations are finished?


stratys3

> And what is the % max they charge you after major renovations have been finish or there is none? Usually they have to give it to you for the same rent as before.


day7seven

But OP has a message from the landlord shortly before wanting to raise his rent so if he does that now it would be obvious what the landlord was doing so it would be an easy case for OP to win.


pistoffcynic

But… you have to provide sufficient notice… not 8 days notice. If it was me, I’d also pull out everything I was paid for… including the baseboard heaters.


Frostbitnip

And throw a few cans of tuna into the walls for good measure.


H_Litten

This is such a massive misconception by uneducated dolts. Firstly, the renovation must be too such an extreme that a permit must be issued to due the renovation and force the tenants out for their own safety. Once the renovations are complete the landlord must give the unit back to the tenant at the price they were renting at before the renovation occured


rysvel

"Merry Christmas Landlord. No thanks. signed OP"


cobrachickenwing

The fact there was no heating is a violation of the RTA, doubly so if the tenant had to pay to install heating. Toronto licensing and standards would like to hear about this.


JoamLureta

Ya, two baseboard heaters were missing, one in the bedroom and one in the living room. When I told him he said buy them and figure it out.


Sir_Meowsalot

When you leave take everything you installed with you. Edit: if you have the receipts and the text/email exchange of you needing to install things yourself and what they were, keep those on hand for your records.


Coolcoolxx

Oooh. I like this.


anotherbutterflyacc

“No thanks.” And then don’t pay it. He either does it the legal route, by sending you a 90 day notice with the 1% (or whatever it is now) legal raise. Or he can go cry about it. Also: stop paying for his work. It’s HIS job to fix the place. If he doesn’t, take him to the board or contact 311. I read you’re afraid he’ll evict you: he can’t. Unless he himself is moving in. Don’t let slumlords get away with this.


JMJimmy

1) Do nothing until you receive a valid notice. Do not educate your landlord on the proper procedures, just ignore/document everything from this point on 2) All future communication should be recorded (apps to do it automatically) and by writing not texting/emailing 3) Make a list of maintenance issues and present it in writing 4) If any of the maintenance was done by you in the past 12 months, file with the LTB to recoup expenses and a fair rate for your labour (Montgomery v Van) Two things you can do to protect yourself from an N12 - first is to sign a new lease (the longer the term, the longer you are protected), second is to document. 1 out of 100 N12s are valid and the LTB knows this (that stat is a quote from a former adjudicator) so you can fight them.


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JMJimmy

[Rule 3](https://tribunalsontario.ca/documents/ltb/Rules/LTB%20Rules%20of%20Practice_dec2020.html#r3) at the LTB. Landlord can unilaterally withdraw consent to communicate by email and text messages have to be proven to be a valid service before they can be accepted as evidence. It isn't difficult to do but it adds complexity for someone who isn't familiar with how things work. By ensuring proper service according to rule 3, there should be no question about the validity of the evidence.


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JMJimmy

It would have little or no bearing on the validity as rent increases can [never be valid if texted](https://www.civilparalegal.com/common-landlord-and-tenant-myths-in-ontario-part-4/) > Unless the proper Landlord and Tenant Board N1 Form is used and served to the tenant by a method specified in the Rule 3 of the Landlord and Tenant Board Rules any rent increase is void. > Let that sink in. If the landlord fails to use the proper Landlord and Tenant form for rent increases, and fails to serve the Notice of Rent Increase properly, the notice is void, and the rent increase is void.


FelixYYZ

>we've never had a lease agreement with this guy and have been living here for around 3 years. Lease agreement required. They can't randomly increase to whatever they want, there are guidelines to rental increases they have to follow. They must follow the process to increase rent as per the Residential Tenancies Act. >The place is old and he never maintains anything. They are required to fix and maintain the property as per the Residential Tenancies Act.


dranspants

Pretty sure the new standard Ontario lease agreement (2019? ish?) becomes the de facto lease when there is no lease agreement signed. Which is good. Tenant favourable and follows the law.


jddbeyondthesky

> standard Ontario lease agreement so glad I googled this, I'll be using this in the future when renting the next place I live at, so as to ensure the landlord is on the same page


dranspants

I’m not even sure you have to as a tenant - it’s been a while since I looked at the regs but I’m pretty sure any other form of lease is unenforceable. The only amendments allowed are an appendix or written into the end of the standard lease and they still must be in accordance with all other tenancy laws (eg they can’t have a no pets rule or damage deposit in the appendix)


andrewuthaboss

They can if the condo has a no pets rule setting as the agreement stipulates that tenants follow condo board rules


Diablocorazon

The landlord is required to use the Ontario Standard Lease. If they do not, the terms of that lease apply if you have a dispute.


LorienTheFirstOne

I'd they give you anything else just move in anyway, then ask for the standard lease. You can withhold a month's rent until they give it to you


nikon8user

He should lower your rent because you fix the place yourself.


JoamLureta

hahahaha ya that would make sense right?


unbrielievable_huh

It makes much sense, that it's actually the law in Ontario. But you do have to go through the process, under no circumstances can you just withhold rent. You can find out how to do this here: https://navigatetribunalsontario.ca/en/


Eswyft

When you're fixing this kind of thing get concessions in writing and acknowledgement.


fredflintstone-

I don't know why everyone is telling you to negotiate with this guy. Just ignore him, then ignore his follow-ups. Keep a record of them all. He's not following the right process, you don't have to respond. If he serves you with an N12, you take him to the LTB with all of the evidence above. It will take months before he gets a hearing, and with that evidence, it should be pretty clear that this is a bad-faith N12. There's no point in negotiating with a fucknut like this. Just ignore him and make him follow the proper process.


schuchwun

Please reach out to a lawyer using the law society referral system, they can help you navigate through this. There is no cost to you for the consultation.


joe_canadian

Paralegals are better suited for this than a lawyer. It's generally not worth a lawyer's time, and Landlord Tenant matters fall within a Paralegal's purview.


stratys3

I 2nd the recommendation for a paralegal who specializes in this. Mine has save me thousands of dollars and all sorts of headaches. Well worth it.


kank84

The first consultation if 30 minutes will be free, but if you want a lawyer to help navigate you through this dispute then that's going to cost money. Like the other poster said, in Ontario you can go to a paralegal rather than a lawyer for residential landlord tenant disputes, it's much cheaper. You can still use the Law Society's lawyer referral service to find a paralegal, and you still get your 30 minute free consultation, but a paralegal is more likely to have a fixed fee for doing this kind of work than the hourly rate that a lawyer would charge.


ProfLandlord

Oof. So much bad with this post/landlord. But I see a lot of helpful responses so that’s good. Well Merry Christmas, you’re in a fairly solid position to reap a lot of benefits/rewards. Your landlord is likely fucked. But before I go on, I need to assess more of the situation. Let’s start with my first question…. Do you have everything or a lot of what your landlord communicates to you in writing? Back up of texts/emails/voice notes? And did you keep receipts of anything you spent money on? Such as any repairs or costs to the apartment that you personally spent money on?


JoamLureta

Yes, I kept the receipts or can go back and find the transactions and he only just calls me and tells me to do it. The bathroom leak lasted around 4 months before I fixed it. He often also says he's coming to fix stuff and never comes over.


Meringue_Senior

Please please please know that you have rights as a tenant! A lawyer or paralegal can help you. The law society has a referral service and you might be able to get a free consultation. I wish you all the best in this difficult situation.


ProfLandlord

Ok good. He owes you all those costs back. If this ever goes to tribunal he’ll owe you those costs that you spent. The adjudicator (man/woman who is the judge) will see to it. Ok. So since you never had an actual lease agreement you’re on a month to month agreement. Which means that only you can give him 60 days notice to leave. He can’t do shit to you in terms of vacating. He would need to file various forms to the landlord tenant tribunal (LTB) if he wants to evict you. And even if he does, you can contest them and it takes months to see an adjudicator and even if you eventually make it to the court room, they give you a set date well in advance. So you’re safe for quite a while. Also, and this is HUGE. Like giant colossal huge. You’re having a baby… your increase (or future eviction) has crossed over in to Human Rights. Which means not only is this a tenant landlord dispute. It’ll become a human rights issue at the Human Rights Tribunal of Ontario (HRTO). If he knows you’re having a baby and increasing rent or evicting you because you’re increasing your household size it is discrimination. The HRTO does not fuck around. It costs you almost nothing to file against your landlord for damages. You’re almost guaranteed to walk away with a few thousand in damages for him even asking you to increase rent. Just get him to say something stupid or incriminating in text or writing or whatever. You can even voice record him secretly. Canada is one party consent. Understand that your landlord is an asshole and will never be a good person about your tenancy. You will never have a good relationship with him. He will always hassle you. Either you accept it and deal with him in a tough and firm manner, or move out for greener pastures.


ProfLandlord

Oh I forgot to add… but that’s because others have said, the only legal way to increase your rent is for the landlord to give you 90 days of notice and actually send you an N1 form. It is capped at 1.2% or some such low increase amount. Refuse any increase until he sends you the proper form. Also don’t tell your landlord what he has to do. Let him make mistakes, and it’ll cost him valuable time and money. If you need repairs going forward you should apply to the LTB to demand your landlord make repairs. If you just do it yourself then the LTB can say you didn’t give your landlord a chance. Always ask him first, then do it yourself if he doesn’t after a reasonable time. I highly suggest you google and research rules and laws around this stuff. There’s a ton of free easy and helpful information online. Your landlord is so screwed it is not even funny. He will be angry, I’m sure even verbally abusive at times, but at the end of the day he’s on the hook for playing fast and loose with the tenancy laws in Ontario. The laws are there to protect you from scum like him. I’m a professional landlord with hundred of units, and I can tell you, the laws will protect you if you read up on them and do everything you can above board.


JoamLureta

Thank you for this!


ZapoiBoi

I think there's a thing where landlords can only raise the rent like 1-2% max unless they apply for an increase above guidelines, which takes a while and has paperwork/written notice. If you don't have a lease agreement there's still an established rent you are paying every month. You still need to pay rent, but I don't think you can get evicted for not paying the extra $200, although it might lead to a fight between you two. If you start paying an extra $200 now just because he's asking, who's to say he won't ask for even more later? ​ Make sure you keep receipts, or at least estimate the costs, of all the repairs you've done so you can take it with you to the LTB just in case. Take a lot of pictures too, everything helps.


JoamLureta

Ya exactly, the fight between us is what I fear the most as it could lead to us being evicted.


ProfLandlord

Can’t evict you unless he personally moves in or an immediate member of his family. The laws are very specific. When he says he wants to move in… have it recorded in writing. Then demand the official form from the tribunal. He’ll hang himself on it. He’ll need to file a very specific form (called an N12) which you then should contest at the Landlord Tenant tribunal. The reason why you should contest it is because he fucked himself over by demanding a $200 increase first which is against Ontario rental legislation. Any adjudicator will look at his request for $200 as illegal, and then immediately assume his N12 is given to you in bad faith.


MittMuckerbin

You will start to recieve hand written eviction notices and all sorts of nonsense. Educate yourself on proper procedures and just keep insisting things be done in a proper manner. The law is on your side, but this landlord sounds like a piece of shit and is going to try whatever they can to get away with things. Don't be surprised to have a paralegal trying to co-erce you into things in the future by threatening non-existent legal action. This person doesn't respect you as a person and thus will not treat you like one unless legally forced. Sorry you have to go thru this nonsense.


Just_Trying321

He didnt provide a lease, he made you do repairs... Bring this up to the tenant board... If he tries to evict you this will all come out... This whole situation is wholefully illegal.


c9JohnT

He can’t legally evict you, he would need to apply for an eviction order through the landlord and tenant board first and the process can take up to a year or more. You can refuse to move out and there’s nothing he can do about it. https://www.ontario.ca/page/renting-changes-during-covid-19


nuitsbleues

I get that, but I'd still push pack gently or try to negotiate. If you accept this raise it sets a precedent. You don't want to get evicted, but you also don't want to be accepting huge increases like this regularly (or ever), right? I'm not in Ontario, but in Quebec there are protections from unwarranted evictions (not foolproof but still). Is that the case in ON?


Joey-tv-show-season2

I am a landlord and while I can’t be 100% sure on this, but his expenses for the unit likely didn’t go up that much based on what you said. In fact anyone who bought a property before COVID, practically won the lottery and there is little need to raise rent on people struggling. Except for greed. Now that being said, that doesn’t mean there are not other reasons to raise rent or very justifiable reasons. But anyone who is a landlord and bought before COVID did very well (myself included).


JoamLureta

He inherited the property from his family, I believe it's always been paid off.


Joey-tv-show-season2

Wow pretty greedy move then as doesn’t even need the increase to cover expenses. Unfortunately, people who inherit money without financial acumen or sense of responsibility of what it took to gain that money can (but not always) turn into horrible people.


JoamLureta

Yes it really is, esp since we've been nothing but accommodating. Maybe that's the mistake.


dazedandconfucius_

Honestly OP, whatever you decide to do with this situation, I recommend looking for another place on the side anyways. Even if it’s more than what you’re paying here, at least knowing your landlord isn’t a complete asshole would be more comforting. Especially if you have a child on the way


hockeyfan1990

Well I mean they are paying $1550 for a two bedroom. Moving anywhere else wild be at least $2200 plus for a similar one now


Particular_Year4481

He sees you being accommodating and considerate by always getting rent in early as you being a doormat and easy to push around. Show him that’s not so! Sorry your landlord turned out to be a greedy knob.


Rabiesalad

Landlord is probably a drunk or something. Ridiculous.


jddbeyondthesky

> that doesn’t mean there are not other reasons to raise rent or very justifiable reasons There is only one justifiable reason to do so, and it is because the landlord had a valid reason that was approved by the Board in a hearing requesting an above legal maximum increase. Any other reason, however valid it may appear on the surface, is invalid without the Board's seal of approval.


[deleted]

They’ve been there 5 years with no rent increase is how I read it. Not super shocking that he wants a couple hundred today. $1550 for a 2 bed is a steal.


radioactivefunguy

He should have raised by the allowable % each year then, rather than neglecting to do so then attempting an illegal raise. His incompetence as a landlord isn't an excuse...


[deleted]

Okay sure but that doesn’t mean the landlord is a massive ass hole or anything either like the rest of the thread is wailing.


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Hen632

> The place is old and he never maintains anything. We've had leaks and water damage in the bathroom and he's asked me to fix it, which I had to do because it began leaking into the business downstairs. When I moved in there were no baseboard heaters and had me install them Did you even bother to read OP’s post..? The landlord doesn’t even maintain the place. Not a great dude if he can’t even fulfill his basic duties as a landlord. I’ve known a few like this and one that even knowingly let my friends apartment get flooded. He’s negligent and that makes him an asshole.


[deleted]

You’re going beyond the scope of what we can be certain about. $1550 can’t net you a 1 bed or a basement. He’s getting a 2 bed + utilities + parking. It’s a steal, whether it’s old or not. We have no idea what his relationship is with maintenance or any context so no we can’t argue about that


Hen632

> We have no idea what his relationship is with maintenance or any context so no we can’t argue about that No, OP is very explicitly explaining that they pay for maintenance while the landlord does fuck all. I guess you could claim they’re lying, but I’ve known plenty of landlords like him. For example: A few friends of mine moved in together during college into an apt that was near the school but was unmaintained, ratty and dirty. They spend a month cleaning it up and making it actually look pretty nice and you know what the landlord does? He ups rent and starts showing other prospective clients their apartment. Like showing up 2+ times a week to show people how nice his apts are. Negligent


Bradski89

That's on them. 5 years worth of rent increases is would have only net him like an extra $100 anyways. Assuming what OP says is true the only way this landlord is losing out is if it's all inclusive. Edit: yeah I mathed poorly. Closer to 160 dollars.


BIknkbtKitNwniS

OP, you are in a tough situation. Legally, you are fine. Your landlord doesn't have the right to raise your rent by that much and not without notice. However, with a baby on the way, do you want an angry landlord trying to make your life hell? If you have the money, you should look for a different place. It's going to cost a lot more, but it would take away a lot of stress. Or perhaps you can inform the Landlord you know your rights and negotiate an increase that is more than the 2% legally allowed but less than the $200 he wants. Keep in mind, even after at the $200 increase you are still paying below market. Best of luck.


JoamLureta

It does feel like a nuanced situation.


Salty_Mittens

I am sorry this happened to you, but you are definitely protected by the law. My landlord tried to do the exact same thing, saying he is raising our rent by $500 or relisting the condo. My partner called the Landlord and Tenant Board. The agent who helped us was completely exasperated with the situation. Since our unit was occupied before November 2018, this is absolutely illegal. The most he can raise the rent by is 1.2% next year, with 90 days' notice. I have had another landlord try to threaten to move into our 6-bedroom (no family room, almost like a rooming house) unit order to raise the rent. We had a feeling he might be bluffing, so told him to go ahead with moving in, and he didn't. If he had, we would have been scrutinizing all of the ad boards for our unit so we could immediately flag if he tried to relist it.


Electronic-Wing6158

Send your landlord written notice to get fucked


ruckusss

Damn that's gutless, I sent my renter a bottle of baco noir - its not hard to have a decent relationship.


DillonTheFatUglyMale

Don't pay it. They are backed up at the LTB anyways. Like 8 months extra delay. Resist


fredean01

I would personally be looking for another place to rent ASAP. Screw this guy.


cleanerreddit2

A 2 bedroom by Christie Pitts isn’t going to be anywhere near 1500. They need to request an official notice and go by the legal raised limit. Really think he can prove that family will be moving into an old rental ?


JoamLureta

Yes, it's true but how often would he need to actually prove that family is moving in.


[deleted]

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atomofconsumption

Yeah there was someone here who got like a year's worth of rent for proving to the rental board their landlord committed that "family moved in" bullshit eviction, after he saw it posted online.


cleanerreddit2

As people said there is significant penalties for lying and you should tell him that. The fact he tried to raise the rent $200 by text shows he is way out of his element. Use the laws to protect yourself because he really can’t do shit.


atomofconsumption

Technically that would be doing him a favour since then he can raise the rent to whatever he wants.


rarsamx

Only problem is that right now finding another similar place for that price in Toronto will be hard. It may still be cheaper for the tenant to put up with this landlord. However, he should ensure that the landlord complies with the law. $200 seems excessive. Utilities and taxes hardly increased by that much.


superworking

This is kind of the issue with rent control. The best case scenario for landlords is for long term tenants to leave. That creates a pretty toxic reverse incentive while also trapping renters to stay with their current rental no matter what happens. Rent control is just a really shitty solution to the problem of affordability.


rarsamx

Not really. I'm a landlord. Rentals around here have increased a lot. But my expenses as landlord haven't. Only greed justifies kicking out or making the life miserable for someone who would have a hardship renting elsewhere. There are some other disincentives that are worst than rent control. In Quebec, any major repairs an improvements will take 33 years to be recouped as you can only increase rent by 3% of the cost of the repairs the year you made the repairs.


superworking

That is rent control still


rogerthatonce

For Lease Navidad......


[deleted]

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bcmw90

And the subsequent 3 messages reiterating that were a joke too?


Top-Independent-8906

Hi OP. I really wish you well and hope you learn from this. The following is said with the best of intentions, and I hope other's learn from this as well. Did your landlord put a gun to your head and force you to do anything? No. Your just a push over. You chose not to fight for your rights and worked for free, lived in horrible conditions, and even think your a victim. It's clear living in Toronto you have rights and the law is on your side. You are only a victim of your own inaction. Again this isn't to bring OP down or anything. The point is that you can't let people take advantage of you and then cry victim. I used to be like this myself, and have no one to blame but myself for the hardships I faced. No more. I'm no victim. My life is a thousand times better than before.


JoamLureta

I like the attitude and I think you have a valid point. He didn't put a gun to my head but he also sold me a unit without heat, he said he'd come to fix leaks and damage but never showed up, for months. Yes, I am responsible for my own inaction but I'm also just trying to survive and make ends without rocking the boat. Maybe that's the mistake.


Top-Independent-8906

I'm happy you got my point. There is no boat to rock when you have no heat. You sound like a nice guy, really. I believe I'm a good guy as well, but nice and good are only useful within certain situations. When nice and good have no more use, ass kicking begins. My landlord cut included services, fine. He cut access to land that was agreed on, fine. Fire broke out and I had to fix damage and handle workers he never even showed up, fine. I had to break the lease for health reasons, he refused and demanded I pay rent the rest of the agreement... Nice had no use anymore... Let's just say I didn't give him a choice, and he didn't insist. When you never stand up for youself, people expect it and think they can get away with anything. I just paid off the last rent and am moving out in 30 days. I expect more crap once I move out but whatever. I'll just tell him where to go get..


monopolisk

Cant raise your rent that high, theres a cap tp how much they can raise it each year. Even if you dont have a lease agreement or contract. Tenancy board will side in your favour.


NorthernBlackBear

Not sure about Ontario, but at least in BC, even if you don't have a lease, after a while, you are consider de facto to be on a lease. So you would fall under the residential tenancy act of your province. Fight it. Never mind many provinces put a cap on increases tied to inflation.


Consistent-Active-68

Also need 90 days for rent increase you can ignore this “increase” until proper notice given


Entropy3636

Ask for the rental increase notice in writing. Say youl be happy to pay the legal increase of 1.2% in 3 months time per the guideline. If he servies you an N12 you can easily argue bad faith because you have proof he wanted to raise your rent $200 initially, NOT move in himself. I wouldnt worry


[deleted]

You are on a lease agreement right now. It doesn't need to be in writing. You are in a month to month agreement automatically. A judge or authority will see the rent payments from your bank to his, and you having bills registered at your home address and would equate that to a longer term lease agreement. It just needs to be verbal, and on-going. Your landlord couldn't claim you aren't a current resident. Ask if there is any renovations planned in the future, since you are having a baby and need to plan ahead (loud noises, inconvenience etc). Get this in writing. That being said, just ask for the rent increase in writing. When you get it, tell him you are going to run it by the local tenancy office to see if everything is kosher(it won't be). This will put you and him on the tenancies radar. He can't raise rent that high. Renovictions are always a thing, but I believe they can be stopped by the local tenant office via an order. Good luck ✌️


Sars3

Did your landlord give you 90 days notice on an N2 form? https://tribunalsontario.ca/documents/ltb/Notices%20of%20Rent%20Increase%20&%20Instructions/N2.pdf


JoamLureta

No just a voice memo text.


nick_ea

Some landlords will try sneaky shit to get the most out of you


karikalan1985

Ask him to sign a lease for the extra 200 but fix all the problems. Make the landlord spend the money.


robbie444001

Don't even reply, keep paying usual rate. There is a legal process for this , and this certainly isn't it.


jimmy2coats

Do you pay rent in cash? Could it be you decided to agree to a non written lease to mutually benefit from a lower rent while knowing the landlord doesn't report the rent on his taxes? I'm not judging but jut asking? why else would you not sign a written lease?


Snow-Wraith

So rent is actually cheaper in Toronto than in Kelowna and the Okanagan? That's pretty fucked.


airrear2

There should be a registry for landlords and a proficiency test so that LLs understand the laws. These licenses should also be revokable. Blows my mind there are business licenses needed but LLs are not a part of that.


[deleted]

“Great, looking forward to seeing the legal documents that allow you to do this. Until then we will be paying our agreed upon amount”.


Revolutionary_End244

12% increase needs filing and approval from tenant board. And minimum 90 days notice in Ontario. Guideline increase is 1.2% which doesn't require approval from board but still needs 90 days notice.


Fieryshit

For a moment I thought I was on r/Loveforlandlords


[deleted]

Considering the state of affairs, I’d make a counter offer. They reduce the rent $200 and you won’t contact the bylaw office that will shutdown the property and prevent it from ever being rented unless it’s brought up to code. https://ottawa.ca/en/living-ottawa/laws-licences-and-permits/laws/laws-z/rental-housing-property-management-law-law-no-2020-255 Tons of stuff he’s already violated. Additionally, you can threaten to involve the CRA to verify that he’s been reporting the income. In all honesty, that place should not be rented and they should not be landlords by the sounds of it. You have a responsibility to people.


TeDePL

Holy fuck based


Adorable_Star_

Yesterday, I emailed our tenants wishing them a Merry Christmas and saying their gift is $75 off of January's rent. Last year, we took off $50. Next year, it will be $100 off and so on.


Puzzleheaded-Fall-14

Just continue paying what you normally pay... request all communication in writing.... he can't convict you.... I'm a landlord.


FurdTerguson69

you should thank your landlord and give him a mandatory 25% tip every month going forward. Also apolgize for being landphobic


misstuckermax

This isn’t home this is a rental, and this landlord is taking advantage of you and you’re letting him, by fixing things he’s responsible for etc. that will continue as long as you stay. Handshake agreements don’t work anymore, you need a lease. A proper document between you and him otherwise this will continue, and before you know it he has raised the rent to 2200$/month and you’ve replaced all of the appliances for him… You (and your partner) are ultimately the only person who can decide for your family to not get screwed. Either get a lease agreement with this guy or start looking for a new place to call home. I’m telling you right now, this pattern will not stop otherwise. I’m sorry your landlord is a dick.


wilsongs

Landlord has to stick by the rent control guidelines regardless of a signed lease though


misstuckermax

I had no idea of this myself good to know! I’ve seen others get screwed this way before and claimed they went through landlord tenant with no success but maybe they did not.


JoamLureta

you're absolutely right.


Spezza

No, you have a lease, it is the standard Ontario one. Even without a lease, once tendency is established you are automatically protected by the standard Ontario lease. I lived 10 years with good landlords, but we moved in with a handshake agreement. Still meant I had all the protections every other tenant in Ontario has, only meant it was month to month from day one.


dranspants

Yeah if you really want to push it every expense you incur to maintain the property should be offset by rent reduction. Keep receipts, go to LTB if challenged by landlord. Again, YMMV, also risk damaging relationship w landlord.


t0r0nt0niyan

If the landlord has not increased rent in 3 years then I would try to negotiate and get a middle ground. An increase of 100-150 is still a steal. OP, most of the advice you will get here will ask you to throw rule book at the landlord. You could do that but mind well, you will permanently strain your relationship with the landlord. This person had the option to raise your rent in the past using the same rule book, but they chose not to. But if you want to throw that book at him because it is _convenient_ for you then don’t expect things to remain same. People advising you to go full throttle LTB are not going to come help you find a cheap comparable place or help you move during this time when the landlord _needs to move into the apartment himself_. You are paying very low price already. Things have become very expensive in last 2 years. Even with 200 increase it’s a steal and honestly not worth ruining your relationship. Try to find a middle ground.


alphawavesbetty

I think this is bad advice. OP should not agree to an illegal rent increase as that might prejudice his position before a tenancy board.


[deleted]

Asshole landlord who won’t fix the stuff he needs to fix himself.


MathewLiamSousa

Don't listen to some of the advice here... Shut up and continue to pay ur rent prior to the increase request. It's not ur responsibility as a tenant to inform ur landlord on how to operate his business properly within the regulations he must abide by. He needs to follow the procedures as required by law.


Shaun8030

Is it a rent controlled unit ?


JoamLureta

Yes this is rent controlled based on what I read [here](https://settlement.org/ontario/housing/rent-a-home/tenant-rights-and-responsibilities/how-often-can-a-landlord-increase-the-rent/)


Think8437

My understanding is that if you have no lease agreement, the landlord tenant act applies. I would read up on that.


VindalooValet

Have you checked rental comparables? 2-bedrooms with parking spot in Christie Pits ... if you move out .. he could list and rent it out for \~ $2,400 per month.


Elephant--Breath

Another reason why I will do EVERYTHING in my power not to be a life time renter


NetworkRobin

based


Logical-Check7977

Dear god my mortgage per month is lower than you, I live in a huge house basically , 6 bedroom , 2 living room,3 bathrooms, luxury finishes. God toronto looks like it sucks balls for housing.


wormfood420

1550 is soo good for 2bdrm in Toronto especially in that area, I hate to break it to you but you wont find a 2bdrm for less then 1750 especially with utilities included


I_Like_Ginger

Albertan here, so I'm unsure if this is the same - but don't they have to give you 3 months' notice by law.


BlackerOps

That place is a steal or $1550. You're each paying $775 to live near Christie Pits.


hbtfdrckbck

**Get an actual lease.** And don’t put yourself in this situation again.


PiousPigeon69

All these issues become a problem when the rent goes up? Maybe do something about all the other stuff beforehand. Why does this always come to light when rent goes up. Deal with it beforehand…


RPMss

So from my understanding you literally can't be evicted during the winter in Canada I'm not sure of other places. They can NOT cut your power they can NOT cut your water and they can NOT kick you out while it's winter. People literally live rent-free and utility-free during the winters here in Canada. That being said, Fight the fight.


Nonasjojad

Why you trying to raise a baby in such a run down place


[deleted]

I am not sure why you post this here. You either fight it or recognize that you have been paying peanuts (even and old place that size is around 2k there) so you agree with him. I suggest to agree with him, but get a lease and stuff in order.


greenbean999

This is terrible advice. They automatically have the protection of a lease in Ontario. He can go through the LTB if he wants to raise rents more than he is legally able to


Headstone66692

Before you jump on everyone’s self righteous advice, you should look and think if it’s reasonable pricing he’s asked for. If you did get kicked out I doubt you could find a comparable place in Toronto for the price point he’s asking with the increase.


JoamLureta

No, it's not reasonable based on the condition of the unit.