Tenant Act Question

Jade4u

It's been good to know ya
Personnally inmho I feel if it is to be reasonable it should be reasonable and agreed upon by the tenant. If the tenant does not feel it is reasonable then imho it isn't. If you were to tell a judge you felt it unreasonable then how could it be reasonable as it is not agreed upon by both parties?
 

Jade4u

It's been good to know ya
KWI said:
She doesn't need to respond for it to be consider giving notice. He just has to give it. I stand corrected on the 24 hour part, that is for other reasons of entry. The rest was just joking.

But the guy is s dick if wants her out of her house everyday between 5pm and 8pm, until he has rented it, don't you think?

Yeah I think so too. I personnally would not want to leave my property alone if they are packed or slightly packed or not. I may know the landlord but I do not know these other people that are entering. Why does it matter the landlord will likely tell the people that are viewing the reason for there being boxes around etc... is because there is a tenant still occupying the place and it is available once you are gone and not sooner.
 

Papi Chulo

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If he does not give notice.. you should put some porn on when you hear the door open and sit there watching it, naked, cock in hand!
 

tboy

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Aug 18, 2001
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First of all, as stated, he HAS given you notice that he will be entering the unit for purposes of showing it to prospective new tenants. According the the tenant act (in the link provided) he doesn't have to do that......

Secondly, it isn't HIS problem that you work from home or what work you do. I am curious to see if anywhere in the lease agreement that it states that the unit cannot be used for commercial purposes.

Third: I think telling you that he will be showing the unit at no other time than 5 pm - 8 pm. I mean, he COULD say he is showing it from 8 am - 8 pm everyday and then you'd really be screwed (no pun intended) and he could do it.

Finally, why are you being a dick about it? Hell, the guy's just trying to rent his place now that you're leaving....What do you have against that?

I think (according to the story here) that he's being totally reasonable in his efforts to rent his place without inconveniencing you that much.

My advice is: accept the fact that he may come by between the hours of 5 pm and 8 pm everyday. Such as life when you're living in someone else's place.
 

Hard Idle

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Jan 15, 2005
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hunter001 said:
I am not sure if he can insist but you might suggest that if he doesn't you can't gaurantee the appartment will be in a state that is suitable for viewing...
I agree. Forget the porno videos, just arrange for group sex on the living room floor between 5:00-8:00, that'll learn the lazy ass to call ahead!

Hey I think we just found a location for that Bukakke....
 

tboy

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Hard Idle said:
I agree. Forget the porno videos, just arrange for group sex on the living room floor between 5:00-8:00, that'll learn the lazy ass to call ahead!

Hey I think we just found a location for that Bukakke....
Again, I say: what's the big deal? Why go out of your way to make it difficult for the owner to rent the apartment?

Why not be a good person and just let him show it......???
 
Funny, How an SP's business, is So much more important than a landlord's business.
Look, your leaving, he needs to fill the space, vacancy rates are at an all time high..
Please be reasonable. He needs to show the place when ever he can.
 

fuji

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GOLEAFSGO67 said:
What he has done is..starting today..given 24 hr notice...48 hr notice..72 hr notice.
I think it's debatable whether or not this is reasonable notice. It might be. It might not be. Are you a real estate lawyer? Are you familiar with previous case law in this area?
 

tboy

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Not to get into it with you again K but what does her operating an incall on his premises have to do with being more reasonable? In fact, since operating an incall is actually illegal in Ontario you're telling us that the landlord should take into consideration that the current tenant needs more notice because she's breaking the law?

Sorry, but I don't agree one bit. I understand how it will bite into her business but really, what's that have to do with the landlord?

As I said before, he could have said: I will be showing your place from 8 am - 8 pm everyday then that would really screw her up....but he didn't, he gave her a reasonable time window.

As for his state of mind, I bet the landlord was thinking that a couple hours in the evening is better than anyday at any time (which is his right) not knowing that it would upset the illegal business that is going on on his property.....

But my comments were directed at the people who are suggesting things to make it difficult for him to show the property (ie: orgy, bukkake, loud porno etc)......
 
KWI said:
Guys I don't think she is denying him the apartment for showing. I never read that anywhere in her posts. She is asking for a little more reasonable notice then everyday from 5pm-8pm when that is not always the case.

Why should she lose out on apointments that can be booked{I mean moving is a big expense in itself} because the landlord can't say, even a couple of hours ahead of time on her voicemail, hey I am actually going to show the place tonight.

Reasonable is a two way street. If the place is available for March, then for almost 2 weeks for 3 hours a day she has to have her place viewing ready and herself gone from her apartment????? And no one thinks that is a little unreasonable when a phone call by about 1pm would do fine?????
The problem, KWI is that the prospective tenant my not be reasonable.
They may drive by, see the for rent sign and drop in.
Should he be denied a prospective "sale" cause she's screwing some guy?
 

tboy

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fuji said:
I think it's debatable whether or not this is reasonable notice. It might be. It might not be. Are you a real estate lawyer? Are you familiar with previous case law in this area?
Jesus Fuji, gimme a break. The guy is just trying to rent his apartment not turnover the common law act of 1946......

Maybe she should hire a lawyer and review the letter, schedule a hearing with the tribunal and defend herself...shit.....
 

Hard Idle

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Jan 15, 2005
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tboy said:
Again, I say: what's the big deal? Why go out of your way to make it difficult for the owner to rent the apartment?

Why not be a good person and just let him show it......???
I might well do that. It would all depend on how flexible and lenient the Landlord had been with my requests during my tenancy.
 

Jade4u

It's been good to know ya
I'd just like to know why she has to leave. It is still her place imho with her stuff on the premises till the day she is gone. Obviously the people coming will know it is still occupied anyhow just by the packed boxes etc...
 

tboy

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Jade4u said:
I'd just like to know why she has to leave. It is still her place imho with her stuff on the premises till the day she is gone. Obviously the people coming will know it is still occupied anyhow just by the packed boxes etc...
I don't think she needs to leave during the time the landlord has booked for the showings, only during the 10 minutes the showings take ....
 

GOLEAFSGO67

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Its So Easy

The current tenant does not have to leave...All he asked is..."I'm coming in between these times" ...."Keep it clean"....and Im sure the current tenant can stay put if they like.

NO big deal. And They could narrow it even more. The current tenant could say.."No problem" I will have it ready..."would ya mind giving me a ten minute heads up call?" Im sure the landlord would comply. Easy


The current tenant needs to be reasonable!!!
 

oldjones

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KWI said:
She doesn't need to respond for it to be consider giving notice. He just has to give it. I stand corrected on the 24 hour part, that is for other reasons of entry. The rest was just joking.

But the guy is s dick if wants her out of her house everyday between 5pm and 8pm, until he has rented it, don't you think?
If I read correctly, what the landlord said (and the issue here) is that he would not give notice because the phone was sometimes not answered. Nothing in the law excuses him from his responsibility to give notice except if the tenant agrees to the visit.

However, if he says, "I phoned and you didn't pick up" and you have no voicemail he's gone a fair way towards establishing he gave reasonable notice. Your word against his. Best to focus on finding a notice method that can work for both of you.

But I doubt he can demand the tenant leave the rent-paid premises, only that he gets access after reasonable notice. Failing that reasonable notice, you get to say, "Sorry, this is not a convenient time, but now that you've given me notice, I'll rearrange my schedule and let you in at …"
 

bestillmehard

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Jun 21, 2006
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Having been a landlord for many many years now, Ill throw my 2 cents in.



Any time I have needed to rent a unit, I have always arranged a time span for viewing each day. Say between the hours of 10 am and 4 pm. I would tell prospective renters...this is the time span...pick a time. I found 15 mins per showing to be perfect. Just enough time to see it, take an application and go...next. Keep in mind you aren't showing the place continuously all day. Then I try to book times for the next day from the phone calls and inquiries I would get later on in the day. That also leaves time for those who really want the place to bring back their applications. I found most will take one but not many bring them back. This helps to weed out the less desirable tenants...(lack of effort and caring)



btw...if your landlord calls you on the way over and you don't answer, that is reasonable effort to notify you. (in the eyes of the tribunal) He must try to contact you each time....if he doesn't set up other arrangements with you.
 
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