Rent problem!

[rhibes]

if anyone can clarify this for me it would be much appreciated...

3.5 years ago I moved out of my apartment, for which i have lived in from almost 5 years. When I moved out, I was under the impression that the tenant is required to provide a 3 months notice. So I went to my superintendent and asked her to clarify...found out that it was really two months. so I gave my two months notice and left. Fast forward to 2007! Two weeks ago, I recieve a letter from the Property Management Stating that I owe them one month of rent in arrears! What does this mean?? in addition I wanted to know whether legally the tenant is responsible for giveing a 2 month notice or a 3 month notice and if this contributed to the problem.

 

[SexyLacy]

did you have a lease? it should say on the lease...

also i do believe there is a number you can call ... "the landlord tenant tribunal" something like that.

Goodluck i hope you can get it straightened out

 

[papasmerf]

if anyone can clarify this for me it would be much appreciated...

3.5 years ago I moved out of my apartment, for which i have lived in from almost 5 years. When I moved out, I was under the impression that the tenant is required to provide a 3 months notice. So I went to my superintendent and asked her to clarify...found out that it was really two months. so I gave my two months notice and left. Fast forward to 2007! Two weeks ago, I recieve a letter from the Property Management Stating that I owe them one month of rent in arrears! What does this mean?? in addition I wanted to know whether legally the tenant is responsible for giveing a 2 month notice or a 3 month notice and if this contributed to the problem.

I would have to see your copy of lease as well as municipal laws to assist

 

[Aardvark154]

if anyone can clarify this for me it would be much appreciated...

3.5 years ago I moved out of my apartment, for which i have lived in from almost 5 years. When I moved out, I was under the impression that the tenant is required to provide a 3 months notice. So I went to my superintendent and asked her to clarify...found out that it was really two months. so I gave my two months notice and left. Fast forward to 2007! Two weeks ago, I recieve a letter from the Property Management Stating that I owe them one month of rent in arrears! What does this mean?? in addition I wanted to know whether legally the tenant is responsible for giveing a 2 month notice or a 3 month notice and if this contributed to the problem.

Depending on the amount they are demanding, it may be both wise and cost efficient to speak with a lawyer.

 

[DistantVoyeur]

Unless specified in a lease, believe the Landlord Tenant Act requires 60 days notice.

 

[papasmerf]

Unless specified in a lease, believe the Landlord Tenant Act requires 60 days notice.

there is a premise in the law that states no contract can supersede civil rights.

 

[raven@mirage]

Legally its a 2 months notice. if that property management changed owners and they are going threw the paper work. they are just trying to charge people who no longer live in the building/apartments.

You have to go the Rental Tribunal and make a counter claim. and you might have to dig up some paper work proving you gave them your 2 weeks notice.

The way these property managements are they are really shaddy on thier paper work

Right now I am in a beef with my current building managers trying to charge me for a building pass that I had for the whole 4 years I have been living in my place.

I can just imagine the bull shit they are going to give me when I move out.

http://www.ltb.gov.on.ca/

Call the tribunal office and ask them what you should do, they are very helpful.

I have called them so many times I am on a first name basis with them almost.

 

[xix]

True ... but

Unless specified in a lease, believe the Landlord Tenant Act requires 60 days notice.

unfortunately the above is true. Even if you decided to give 3 months notice, the landlord would have come after you. Why?

Well you can blame this flaw in the law to NDP-Bob Rae. It turns out ( a few family members are landlords) I'll give and easy example.

1. tenat pays 500/month. Actuall rate is 600 decide by Gov't
2. Once you move Landlord has right to chase for the difference since Bob Rae allowed it because of economic hardship times at the time his gov't era. Bob didn't want anyone in the street so he put a freeze on rent increase.
3. tenant pays 600/mon. but rate is set at 500/mon, tenant can go back to ask for difference.

But there is a problem with all this. Lawyers FEE.
In the end you are going to loose if you are tenant. A small Landlord will loose too unless of course you are Corp Landlord and you have 500 people to chase and the lawyer is in retainer contract.

Then come the taxes you have declare income or loss. In the end one family member had a tenant who came back screaming without a lawyer this time, originally they used one to get their 1300 back rent. Demanding why they claimed; " the Revenue Canada law" was the answer, "beside you also garnished the new tenant income"; which turn out to be associated with him way back. In the end it was discovered the taxman came after defucnt tenant and owed more, I guess he was scheming some under the mattress. After the lawyers fee and the taxman, he didn't have enough for coffee.

Blame Bob Rae for this crap plus the 407.

 

[Fabulous]

if anyone can clarify this for me it would be much appreciated...

3.5 years ago I moved out of my apartment, for which i have lived in from almost 5 years. When I moved out, I was under the impression that the tenant is required to provide a 3 months notice. So I went to my superintendent and asked her to clarify...found out that it was really two months. so I gave my two months notice and left. Fast forward to 2007! Two weeks ago, I recieve a letter from the Property Management Stating that I owe them one month of rent in arrears! What does this mean?? in addition I wanted to know whether legally the tenant is responsible for giveing a 2 month notice or a 3 month notice and if this contributed to the problem.

They can send you a letter, but you don't have to pay them if you don't feel you owe them. Their next step would be to pay $150.00 to have their case heard with ORHT, and it sounds doubtfull. Wait till they send you an official notice.

 

[raven@mirage]

http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111862.html

This brochure provides general information only. For more information, or to obtain copies of the Board’s forms and publications, you can:

* call the Board at 416-645-8080 or toll-free at 1-888-332-3234, or
* visit your local Landlord and Tenant Board office. A list of Board office locations can be found on our website, or you may call us at the numbers listed above.

 

[gww]

Did you sign the last rental increase notice... believe they lock you into a year depending on the situation. If you just pay and don't sign the section you become a month to month. If you sign its a 1 year commitment.

 

[gww]

Rented a apt for 9 plus years and I got one asking for $1800 to repaint a 1 bedroom cause it was not white... well it was not white when I moved in and I have it in writing from my original lease and pictures.

I ignored the first letter so the second one 11 months later said they would sue me. Talked to a lawyer and they told me to wait for them to file then give them the surprise of signed documents stating the condition when I moved in. Got pics from day 1 and when I moved.

 

[thompo69]

Alright, lets correct a couple of misconceptions:

1) Your annual rental increase notice. You are NOT locked into a year if you sign it. The rate is locked in for a year, but unless you sign a new lease, at the end of the previous lease you automatically go month-to-month.

2) I am still trying to figure out what xix was saying, but it seems a few things have been confused. It sounds like he's talking about the maximum rent stipulations that existed in the previous landlord-tenant act. Essentially, each unit was assessed a maximum rent, which increased by rate set each year. You signed your lease at a given rent, and at the end of the term, the landlord could increase the rent up to the maximum rent. This did not mean that your rent could change mid-lease, or once you were month-to-month. It was fixed for a year, but at the end of that time, the rent could increase, again, to no higher than the maximum rent. This is irrelevant to your situation, as the Tenant Protection Act would have come into force by the time you signed your lease. It did away with the maximum rent, instead allowing rent to be set by the market. However, once you are in, the increase could only be as much as a rate set annualy, unless otherwise authorized by the tribunal.

3) 60 days notice -- this is partially right. You are required to give 60 days notice on a month-to-month tenancy. If you were in a lease, you're stuck with the duration (unless you can show the landlord was able to rent the property). There is, however, a catch. The 60 days must end at the end of a month -- meaning if you game notice on February 15 for April 15, you could be on the hook for a month's rent. Essentially you have to give two complete calendar months' notice to terminate a tenancy.

Beyond those points, I like rubmeister's response. Good strategy to pursue. Get them to set out their grounds, and then take it to them. Good luck.

 

[KBear]

The rental tribunal is used to deal with current landlord/tenant disputes, this issue would not apply. The landlord would have to take you to court.

If you were month to month then the 60 days notice, or so, applies.
http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111482.html
If you were in the middle of a one year lease then the cost to terminate the contract has to be negotiated with the landlord.

I would call and ask wtf this bill is about, or ignore it and hope they think they do not have your current address and forget about you. Was the letter they sent you registered?

 

[gww]

Standard rent increase form has a place there that net effect makes it a commitment for 1 year .. got caught in this before a number of years back so might have changed since.

If you ignore it .. pay attention to your credit reports.. they can report it as delinquent and then you have the trouble of trying to get it cleared.

 

[tboy]

Let me ask Rhibes this:

Did you pay for the 1st month of your 2 months notice and then use your month's rent they had on deposit for your last month? Or did you just not pay any rent for the last 2 months then leave?

If you did the latter, you're on the hook and must pay them plus interest.

If you did the former you've nothing to worry about. Just hope you have some record of the rent you did pay them and the exact dates you gave notice and the date you left.

 

[Mr. Downtown]

I think its only 2 months but just think about the situation. After 3.5 yrs, the Pty Mgt is just now coming after you for only one months rent. How much are we talking about $600 or $800? Your first response is to tell them to shove it because they are hoping that, perhaps, one in ten people are gulible enought to write out a cheque. Their cost, so far, is a postage stamp.

Now that they now you are not going to pay, its step 2. Are they going to pursue a lawsuit themselves, which takes time and money to show up at the Small Claims zoo office at Yonge/Sheppard, file, pay the fee, and then go after you by registered mail ,etc etc? Or, they could sell your debt to a collection agency but for a few hundred bucks they would get, if an agency be interested in buying it, they will probably scrap that thought too.

The third alternative...there probably isnt one. Once they realize your not going to pay, thats the last you are going to hear from them.

 

[thompo69]

Standard rent increase form has a place there that net effect makes it a commitment for 1 year .. got caught in this before a number of years back so might have changed since.

If you ignore it .. pay attention to your credit reports.. they can report it as delinquent and then you have the trouble of trying to get it cleared.

Not sure how long ago it was when you got caught, but it certainly isn't like that now. The rent is fixed for a year, but not the tenancy.