Can landlord rise my rent?
04-14-2011 at 02:51 AM
|
#1
|
Member
Join Date: Dec 2010
Posts: 68
Thanked:
0 Times
Liked:
0 Times
|
Can landlord rise my rent?
the landlord is going to rise more than 15% of my rent for next year
currently i already lived in the place for more than a year
can the landlord literally do this?
Thanks so much
|
04-14-2011 at 02:53 AM
|
#2
|
RocketSaurus
Join Date: Mar 2010
Posts: 330
Thanked:
16 Times
Liked:
110 Times
|
yes. you only signed a one-year lease.
once that lease is over he can change the terms to his liking. you can decide not to sign and look elsewhere.
|
04-14-2011 at 03:26 AM
|
#3
|
Senior Member
Join Date: Aug 2009
Posts: 290
Thanked:
84 Times
Liked:
83 Times
|
Quote:
Originally Posted by penguinppy
the landlord is going to rise more than 15% of my rent for next year
currently i already lived in the place for more than a year
can the landlord literally do this?
Thanks so much
|
Probably Not. The residential tenancy act does limit rent increases to the increase in the consumer price index (0.7% for this year), but there could be a couple of ways for your landlord to slip around that requirement by being sleazy / convincing you to sign a new lease without knowing your rights. To better understand your situation, please answer the following questions:
a) What type of rental agreement did you have last year? Was it a year long lease? Was it an individual lease or a group lease?
b) Did your rental agreement include utilities?
c) How did you landlord inform you of the rent increase? Did they just give you a new lease to sign with a larger number or did they just tell you or what?
d) Have you signed anything since the lease/agreement you had for last year?
For reference, the Residential Tenancy Act (which likely governs your rental agreement) is available here:
http://www.e-laws.gov.on.ca/html/sta... f.htm#s116s1
The Ontario tenants webpage (just a privately run site, not official) is also a good place for generation information:
http://www.ontariotenants.ca /law/law.phtml#Q13
Last edited by dsahota : 04-14-2011 at 03:37 AM.
Reason: Clarification
Mahratta
says thanks to dsahota for this post.
|
04-14-2011 at 03:35 AM
|
#4
|
Senior Member
Join Date: Aug 2009
Posts: 290
Thanked:
84 Times
Liked:
83 Times
|
Quote:
Originally Posted by Scuderia
yes. you only signed a one-year lease.
once that lease is over he can change the terms to his liking. you can decide not to sign and look elsewhere.
|
This is completely false.
From: http://www.ltb.gov.on.ca/en/Key_Info...02_111862.html
"The end of a fixed term tenancy or lease does not mean that a tenant has to move out. A new lease can be made or the landlord and tenant can agree to renew the lease for another fixed term period.
If a new agreement is not reached, the tenant still has the right to stay:
as a monthly tenant, if they paid their rent by the month in the expired lease, or
as a weekly tenant, if they paid their rent by the week in the expired lease.
Where the tenant stays on as a monthly or weekly tenant, all the rules of the former lease will still apply to the landlord and tenant. But the landlord can increase the rent each year by the amount allowed under the Act."
|
04-14-2011 at 04:09 AM
|
#5
|
Moderator
Join Date: Jul 2010
Posts: 2,998
Thanked:
277 Times
Liked:
526 Times
|
depends on the contract. most contracts allow an increase in rent up to a certain value immediately (as in for next month). mines was 15%. double check ur agreement that u signed for that year else ask the off campus counsellor
|
04-14-2011 at 04:43 AM
|
#6
|
Member
Join Date: Jul 2010
Posts: 28
Thanked:
1 Time
Liked:
0 Times
|
it states in the contract when the contract is up you need to sign a new contract or it is going to be a monthly rent. If you need to sign a new contract yes he can increase the rent.
|
04-14-2011 at 05:42 AM
|
#7
|
Senior Member
Join Date: Aug 2009
Posts: 290
Thanked:
84 Times
Liked:
83 Times
|
Quote:
Originally Posted by Leeoku
depends on the contract. most contracts allow an increase in rent up to a certain value immediately (as in for next month). mines was 15%. double check ur agreement that u signed for that year else ask the off campus counsellor
|
A contract such as that would clearly violate the residential tenancy act. The landlord can't get around the act by just adding a clause that says they can raise the rent by an amount in excess of the act. The act is also very clear that 90 days notice MUST be given for any increase in rental amount.
http://www.e-laws.gov.on.ca/html/sta..._ e.htm#BK136
"A landlord shall not increase the rent charged to a tenant for a rental unit without first giving the tenant at least 90 days written notice of the landlord’s intention to do so. 2006, c. 17, s. 116 (1)."
Just because a landlord tells you something, doesn't mean its legal or enforceable. You should consider the word of your landlord to be about as good as a telemarketer who calls claiming you've just won a free trip. Especially in student areas, landlords regularly ignore near every section of the residential tenancy act. They do this because they know most students aren't aware of their rights and are under of lots of pressure to find a place to live, thus they are ripe for exploitation. Its up to you as an adult to know your rights and make sure they're not being stomped on by an exploitive landlord.
As a side note, I've been landlord for over 5 years, so I don't say this out of spite. Rather, I think all renters deserve to be treated fairly (which the act generally provides for) and the rampant exploitation of student renters by landlords in the McMaster area really frustrates me.
|
04-14-2011 at 06:33 AM
|
#8
|
Elite Member
Join Date: Nov 2010
Posts: 645
Thanked:
46 Times
Liked:
227 Times
|
Quote:
Originally Posted by dsahota
As a side note, I've been landlord for over 5 years, so I don't say this out of spite. Rather, I think all renters deserve to be treated fairly (which the act generally provides for) and the rampant exploitation of student renters by landlords in the McMaster area really frustrates me.
|
I wish all landlords were like you.
|
04-14-2011 at 08:05 AM
|
#9
|
Elite Member
Join Date: Mar 2008
Posts: 893
Thanked:
97 Times
Liked:
207 Times
|
Do you live with your landlord and share at least a kitchen? If you do, the RTA goes out the window.
|
04-14-2011 at 08:15 AM
|
#10
|
Elite Member
Join Date: Jul 2010
Posts: 965
Thanked:
59 Times
Liked:
203 Times
|
hmm, say my landlord lives in the house i live in, and does share a kitchen, is he allowed to raise my rent mid way through if he wants, cus u just said the RTA doesnt work then does it?
__________________
~ moksa - liberation from mundane existence ~
|
04-14-2011 at 10:28 AM
|
#11
|
Account Disabled by User
Join Date: Aug 2007
Posts: 16
Thanked:
3 Times
Liked:
Liked 3 Times
|
krup92, that's correct. If you share a kitchen or bathroom with the landlord, or their immediate family, the RTA doesn't apply to you. That means the landlord can basically do whatever they want.
|
04-14-2011 at 11:27 AM
|
#12
|
Elite Member
Join Date: Jun 2009
Posts: 721
Thanked:
38 Times
Liked:
284 Times
|
Quote:
Originally Posted by dsahota
This is completely false.
From: http://www.ltb.gov.on.ca/en/Key_Info...02_111862.html
"The end of a fixed term tenancy or lease does not mean that a tenant has to move out. A new lease can be made or the landlord and tenant can agree to renew the lease for another fixed term period.
If a new agreement is not reached, the tenant still has the right to stay:
as a monthly tenant, if they paid their rent by the month in the expired lease, or
as a weekly tenant, if they paid their rent by the week in the expired lease.
Where the tenant stays on as a monthly or weekly tenant, all the rules of the former lease will still apply to the landlord and tenant. But the landlord can increase the rent each year by the amount allowed under the Act."
|
Wow, and I just thought my landlord was a dick. Turns out he was actually going against the rules. Wish I'd known this before..
__________________
Health Sciences Rep 2010, 2011
|
06-23-2011 at 07:59 AM
|
#13
|
Member
Join Date: Nov 2009
Posts: 67
Thanked:
10 Times
Liked:
14 Times
|
I had the misfortune of sharing the house with a landlord's daughter (she also went to Mac). After the Brandon fire I had to move there because there was nowhere else to go (it took a few weeks for them to get us to hotels). So on the one hand I lucked out. On the other hand I lived in a nightmare (I cannot stress the word NIGHTMARE enough) for a year and a half before me and another cut our losses and moved out (which is tough when you are on OSAP). The daughter and landlords were vindictive, shady people. The daughter would make lies and rumours about everyone in the house and then tell the landlords who would try to press charges (we had students aiming for their P.eng, Med School here).
So long story short, never live with a landlord's family, and always make certain when looking at houses that none of their family will live there or has a room there.
__________________
Dustin Manley
Master of Arts in Professional Communication (Royal Roads University, 2014)
TOEFL iBT Canada Manager | Educational Testing Services
|
Thread Tools |
Search this Thread |
|
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
McMaster University News and Information, Student-run Community, with topics ranging from Student Life, Advice, News, Events, and General Help.
Notice: The views and opinions expressed in this page are strictly those of the student(s) who authored the content. The contents of this page have not been reviewed or approved by McMaster University or the MSU (McMaster Students Union). Being a student-run community, all articles and discussion posts on MacInsiders are unofficial and it is therefore always recommended that you visit the official McMaster website for the most accurate up-to-date information.
| |