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Rent Question! Help!!!

mandapanda

TRIBE Member
I just got home to a note from my landlord (who is also my roommate. ugh) saying she needs to increase my rent by $85, which according to my horrible math is around 15%. so...i just looked up the ontario landlord and tennant act and found this:

"The landlord must give you at least 90 days' notice in writing of any rent increase, or you do not have to pay the increase, but you still have to pay the rent."

also this:

"The Annual Guideline Increase is an amount set each year by the government. The "Annual Guideline Increase" is 2.6% for 2007. For previous years see the: Ontario Rent Increase Guidelines.

The landlord can apply to the Landlord and Tenant Board for an above-guideline rent increase. They can get annual increases of up to 3% above the "Annual Guideline Increase" amount for things such as repairs or renovations or new security measures, and those increases can be carry-forwarded for an additional two years. And by exclusion from Section 126, subsection 11 it appears landlords can also get rent increases with no maximums for increases in municipal property taxes, municipals fees, or increased utility costs.

The landlord can not charge you above the "Annual Guideline Increase" without first getting approval from the Landlord and Tenant Board. Under the law, the landlord must make available to you a copy of their "Application For An Above Guideline Increase" and inform you of the date for the hearing. You can challenge the landlord's application if you have good reasons. See Part VII - Rents, Rent Increases and Decreases particularly sections 116 through 136.

Many landlords will include bills for ineligble items, or even work not yet completed that should not be permitted for an increase, so get advice from your legal representative or legal clinic on what to do. If you do wish to challenge the landlord's application it is usually wise to do it as a group, and the easiest way to do this is to form a building tenants' association."

http://www.ontariotenants.ca/law/law.phtml#Q13

so basically, i don't have to pay the rent increase until 90 days from now and she can only increase it by 2.3%? am i missing something? help me!!!!!! and please don't tell me to search, i already did.
 

LeoGirl

TRIBE Member
because your landlord is also your roommate she may (and that's a big maybe) be excluded from that. I know there is a portion of the tenant protection act that covers this.

but... based on what you've posted - your are right. however it might cause for an uncomfortable living arrangement.

did she give you a reason?
 

mandapanda

TRIBE Member
her reason was that the bills keep increasing. fair enough. i don't pay that much as it is, but i still think i should get 90 days notice. i would actually leave and move in elsewhere with a friend, except that place isn't available until july.

i also feel like being an asshole and making her pay for half of the internet now which she uses for free.

ugh. i need a drink.
 

Wiseman

TRIBE Member
If she is you roommate then it is probably best in the long run to sit down together and negotiate.
 
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mandapanda

TRIBE Member
.housefrau. said:
do you have a lease?
yep, i did sign one back in the day. except i don't have a copy of it!!! argh. and she's just written up a new one.

i do need to talk to her about it, but i also rarely see her. just wanted to check on the legalities of this. i have a week to decide.
 

janiecakes

TRIBE Member
call the toronto tenant hotline at 416-921-9494 for advice. the fact that your landlord is also your roommate may mean that you're not covered by the residential tenancies act.
 

janiecakes

TRIBE Member
from the landlord and tenant board's website:

Who is covered by the Residential Tenancies Act, 2006 (the Act)?

The Residential Tenancies Act, 2006 covers most residential rental units in Ontario including mobile homes, care homes and rooming and boarding houses. However, there are some situations where a rental unit may not be covered by the Act or certain parts of the Act.

For example, the Act does not apply if:

* the tenant must share a kitchen or bathroom with the owner, or certain family members of the owner;
http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111462.html
 

rentboy

TRIBE Member
mandapanda said:
i also feel like being an asshole and making her pay for half of the internet now which she uses for free.

ugh. i need a drink.

you pay for the internet yet she has full access? Fuck that noise, if she's going to raise the rent then she can also pay her share of the bills.

Yes, get a drink, it'll help :)
 
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depraved

TRIBE Member
I thought this thread was about the stageplay

Everyone has AIDS, AIDS, AIDS, AIDS, AIDS, AIDS, AIDS, AIDS, AIDS -- AIDS!
 

litespeed

Well-Known TRIBEr
Wiseman said:
If she is you roommate then it is probably best in the long run to sit down together and negotiate.


they don't call him wiseman for nothing!


also, if she's your roommate and you start pulling out all this land lord tenant act shit... it's probably going to make you look like a cunt to and make for an uncomfortable living situation.

sit down and talk it out.
 

lucky1

TRIBE Member
^ yeah but as a roomate she's trying to pull a bitchy move to begin with... (the incraese.. that is a large increase)
 

technowelt

TRIBE Member
lucky1 said:
^ yeah but as a roomate she's trying to pull a bitchy move to begin with... (the incraese.. that is a large increase)
I would say it is in her best interest to try not to aggravate the situation.
 
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Michlerish

Well-Known TRIBEr
lucky1 said:
^ yeah but as a roomate she's trying to pull a bitchy move to begin with... (the incraese.. that is a large increase)

well yeah... but mandapanda said she doesn't know the whole deal. Maybe the bills ARE getting huge and manda isn't paying her fair share.

Ask the roommate which bills she's referring to, and why they have increased. If it's true she's just splitting them evenly, then say you think you should also split the internet bill evenly. Also, $85 seems like a weird amount to increase the rent by... hard to believe it's just an arbitrary number.

I'm kinda in the same position as your roommate, where my roommate writes her cheques to me. If the bills go up, I wouldn't want to wait 90 days.
 

billy

TRIBE Member
i'm assuming this is an inclusive rent situation?

maybe i'm missing something but i don't understand how the rules of the LTA would not apply if the owner is a co-inhabitant. if you are paying your monthly dues as required then how should it be any different?

follow up question is, is your roommate the owner or just the landlord? sometimes they are not the same person.
 

Jennika

TRIBE Member
I agree with Michlerish,

I think you should talk to your friend before you start pushing around with the landlord tenant act. if this person really is a friend then maybe there's a fair reason for this. Perhaps s/he gave you an extra cheap deal on the rent in the first place, not really taking into account how expensive the bills would be. or maybe s/he feels that you're being wasteful with hydro/gas and wants you to either pull your weight or is trying to send you a signal to cut back.

If there is a friendship here then I hardly think this person is out to screw you, they're probaby just trying to be fair because they feel your current situation isn't
 

mandapanda

TRIBE Member
janiecakes said:
call the toronto tenant hotline at 416-921-9494 for advice. the fact that your landlord is also your roommate may mean that you're not covered by the residential tenancies act.
thanks for the info, that's the kind of thing i was worried about!

rentboy said:
you pay for the internet yet she has full access? Fuck that noise, if she's going to raise the rent then she can also pay her share of the bills.
well, i wouldn't say full access as she doesn't have her own computer...she uses it and pays nothing, but she uses my computer which is in my room. frankly, i'm not really cool with her being in here randomly either, but i let her cos i am nice like that. maybe i will change that!

Michlerish said:
Ask the roommate which bills she's referring to, and why they have increased. If it's true she's just splitting them evenly, then say you think you should also split the internet bill evenly. Also, $85 seems like a weird amount to increase the rent by... hard to believe it's just an arbitrary number.
yeah, i'm curious as to what bills they are. also, I'M not the one who leaves the heat blasting all day, or the lights on all the time, unlike her! i think the $85 is just to bring it up to $600. still that's a pretty big fucking increase, but if the same rules don't apply here, then i guess she can do whatever she wants.

billy said:
i'm assuming this is an inclusive rent situation?

maybe i'm missing something but i don't understand how the rules of the LTA would not apply if the owner is a co-inhabitant. if you are paying your monthly dues as required then how should it be any different?

follow up question is, is your roommate the owner or just the landlord? sometimes they are not the same person.
she owns this house, i rent from her and yes, it's all inclusive. so i guess she is the landlord/owner/roommate!

i can't wait to talk about this!!!! :rolleyes:
 

janiecakes

TRIBE Member
billy said:
maybe i'm missing something but i don't understand how the rules of the LTA would not apply if the owner is a co-inhabitant. if you are paying your monthly dues as required then how should it be any different?
it's different because the law says it's different. the act of paying rent doesn't mean you're automatically covered by the legislation.
 
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LeoGirl

TRIBE Member
mandapanda said:
well, i wouldn't say full access as she doesn't have her own computer...she uses it and pays nothing, but she uses my computer which is in my room. frankly, i'm not really cool with her being in here randomly either, but i let her cos i am nice like that. maybe i will change that!
I certainly wouldn't be comfortable with her being in my room while I wasn't home. Does she just help herself or does she ask first?
 

billy

TRIBE Member
janiecakes said:
it's different because the law says it's different. the act of paying rent doesn't mean you're automatically covered by the legislation.
i still don't understand how living with the owner makes things different. i guess there are perks like if you need shit fixed it probably already has been because who do you go to when they (the owner) use the same amenities you do?
 

Michlerish

Well-Known TRIBEr
if you're also living with the landlord, and rent needs to be increased, it can be assumed that the landlord/roommate will also incur a rent increase.
 

peko

TRIBE Member
suggestions:

1. Offer to sit down and talk about the bills coming in that you're a part of (hydro, cable, phone etc), BUT request to see previous bills with current bills (so you can see what the increase is like yourself).

2. Writing a new lease is PRIME negotiation time with her and figure out a lower monthly rent and offer to split on bills - including internet costs.

3. Create some 'house rules'/ ways to reduce using energy - come to a common ground on a standard house temperature (71F or what ev and lower when you're both at work or not home - ditto on lights, water).

4. If her property tax went up, then I don't think that's your problem and should NOT be incurred in the increase - tough bananas for her.

5. Suggest she invest in her own computer because you've noticed that she's been eating up your bandwidth, or what ever - indicate that you frikin' don't want her in your room without 24 hours notice. :D

AND, BEFORE you agree to anything - do your landlord/tenenant background work - know your rights, but just don't talk about it.

good luck!

p.s. I was in a semi-similar situation once. I felt like I was getting taken for a ride in utilities expenses by a roommate, so I brought a friend (worked at a bank) into the situation for support and she audited all the bills in question (got our own copies from the utility companies) and reconcilled them with my bank statements/ cheques (always pay for bills with a cheque or some kind of paper trail) and called their bluff.... honestly, save up for your own place.
 
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