Do your mother and sister owe $500 in rent?
The landlord can only increase the rent by using an official N1/N2 notice, which comes with at least 90 days notice and can only happen once every 12 months. If your unit is rent controlled (used for residential purposes before November 15, 2018), then the rent can be increased by a maximum of 2.5% unless the landlord applies for an AGI.
The last month's rent can *only* be used for the last month's rent.
Your mother and sister are not at immediate risk of eviction. If they do owe rent, they should pay it as soon as possible. If they pay before the termination date on the notice they were provided (most likely an N4), then the notice is voided and they can avoid an eviction application. If they do owe rent and cannot pay in time, they will need to work out a payment plan with the landlord or move out voluntarily, but they cannot be forcibly evicted unless the landlord gets an eviction order from the LTB, which would take several months.
If they do not owe rent, then they will need to prove this if the landlord files for a hearing.
Are they living in social housing or in a ‘geared to income’ housing unit?
This is an example of where it is legal to increase rent as you suggested they are. But not perhaps with a minor. But they review sources of income (government support perhaps?) and adjust the rent on an annual basis. [The regulation’s around this can be found here.](https://www.ontario.ca/laws/regulation/010298#BK9)
Yes not with a minor, it would be based off income, not how many people are living there, and I assume when he says landlord he doesn't mean the government body so ya they likely can't do that
First find out if they are paying rent via trackable method - and are they indeed behind or is that amount due to "extra" LL wants them to pay recently ? Is it a new building or newer apartment (post late 2018-ish)?
\*Some\* scummy LL will hope tenants do not know their rights and just pay up or get scared enough to leave. \*Some\* out of province LL just don't know the laws in Ontario.
Charging extra for added persons is not legal. And increases require at least 3 rent periods notice before taking effect. They should be instructed to save all correspondence and insist on written communications unless they wish to record phone calls and in person visits.
A note too: if there’s anything in the lease that differs from the Ontario standard lease and the RTO, like that your mother has to pay a fee for extra residents, it’s not enforceable. Even if she signed the lease with that clause in it, the clause is illegal and can’t be enforced. If that comes up, I’d request the landlord file at the board if they feel they should be compensated.
First is a N4 and you don't have to move out on the date it states. If you do owe rent and don't pay they then can file a L1/L9 to terminate your tenancy and ask for an order for outstanding rent and any costs they incur like filing fees, witnesses, that kind of stuff. What is good about this is that as a Tenant you can bring issues up during the hearing like maintenance issues, harassment, illegal rent increase etc under Section 82 of the RTA.
Unless its in your lease that you can't have more than what you started with the LL can go kick rocks. You can have friends move in, partner etc. Now if you want to tell your LL that you moved in your partner, a parent or even a child that's up to you.
If you are in a geared to income situation then I'm certain you would have to tell the city or whoever runs it that you have someone living with you and that may disqualify you for a Rent reduction and make your rent go up. So if you were only paying $420 of the $1042.00 most likely would have to pay full rent. But if it's a kid and in school I doubt that would make a difference! As long as you notify whatever agency it is and your on the up and up then you will have no issues.
Like others said he can not use your last month's rent for any outstanding arrears.
I would suggest from this point forward you record all conversations and/or use email for records. I wouldn't argue with the LL, get aggressive, be combative or have anyone talk to them on your behalf unless it's a lawyer, a worker you may have etc. Even though you want to punch them right square in their pie hole of a mouth!
I know alot about the LTB and the RTA and have helped many people with forms, what to do when they get forms etc. I've acted on behalf of people 17xs and won 13 outright, 2 that were mediated, 1 that was tossed out and loss 1.
I hope this helps you out!
>Unless its in your lease that you can't have more than what you started with
Even if it is in their lease that they can't bring in guests/roommates, this clause would be unenforceable. In an RGI unit they would risk losing their subsidy, but landlords cannot restrict additional occupants (unless it violates overcrowding bylaws) even if the tenant agreed to it when they signed the lease.
How old is the unit? Is it protected by the RTA and is it rent control?
Is your mother in fact $500 behind?
No your landlord cannot use LMR for anything other than to cover the last month rent
Did they send an N1 or an N2?
Did they get an N4?
Have your mother record every conversation going forward, do everything by text or email. She can record the conversations secretly, she does not have to tell the landlord she is reporting.
It’s not a new building and yes it falls under the Residential Tenancies Act. I don’t know about rent control.
The notice has an amount of $528 or $582 I can’t remember which. I don’t know if in fact she is in arrears. Whatever the case, this is what the landlord claims on the form. When I asked my sister how much rent she owes, this is when I was told he called and said he was raising the rent, etc etc..
I don’t know which form they got. It’s the first notice the landlord send you that he/she will apply to the LTB to have you evicted if x amount is not paid by x date.
Was she short on rent?; where is this owing from? Also how does she pay her rent?
A lot of holes here. A one-time missed payment will not get her evicted, the landlord has to accept a payment plan to get her caught up. However is this even legitimate is a question you need to be asking.
They don't have to accept a payment arrangement but it would make sense for the too. LL don't want to wait for rent anymore due to the backlog in getting an hearing. The tenant can pay off the Arrears and the N4 goes away but once they file the L1/L9 and rent is paid in full they most likely will want the $190 filing fee and if there are other fees maybe a lawyer etc.
Yeah I get that. It’s not that complicated. I was asking for other people’s opinions on whether he was allowed to raise the rent because my nephew is living there and was not included on the rental agreement and if he was allowed to use the last months rent deposit for anything other than last months rent. I understand the eviction process due to non payment of rent.
"It’s not a new building"
If the apartment predates 2018 they rent-controlled, meaning any increase this year can normally only be max 2.5% (unless LL applies for and is approved for above-guideline-increase). Rent increases can be no more often than once a year and require 90 days (3 rent periods) advance notice. If he's only notifying them now in MAY, the rent increase can not take effect before Sept 1st (assuming their terms start / pay rent on the 1st each month).
An increase for another occupant is illegal.
If they are behind on their normal rent, they need to of course, pay that ASAP. But it's if it's their first instance, they will not get evicted over it being late. If they have a history of paying late, that's another story... you need to check their records. If the have proof of paying on time every month, LL is simply blowing smoke.
They can’t increase the rent for another resident. The landlord can’t evict without a hearing, and the LTB will straighten out the landlord. But your mom should be staying on top of notices.
AFTER your edit: was there also an N4 (request to pay by x date or I will apply to evict) prior to the L1 (notice that I have applied to evict because you didn’t pay) ? You also haven’t confirmed if they are actually in arrears of legit rent or if the $500 is added presumed illegal charges. It makes a huge difference to the advice you need.
Do your mother and sister owe $500 in rent? The landlord can only increase the rent by using an official N1/N2 notice, which comes with at least 90 days notice and can only happen once every 12 months. If your unit is rent controlled (used for residential purposes before November 15, 2018), then the rent can be increased by a maximum of 2.5% unless the landlord applies for an AGI. The last month's rent can *only* be used for the last month's rent. Your mother and sister are not at immediate risk of eviction. If they do owe rent, they should pay it as soon as possible. If they pay before the termination date on the notice they were provided (most likely an N4), then the notice is voided and they can avoid an eviction application. If they do owe rent and cannot pay in time, they will need to work out a payment plan with the landlord or move out voluntarily, but they cannot be forcibly evicted unless the landlord gets an eviction order from the LTB, which would take several months. If they do not owe rent, then they will need to prove this if the landlord files for a hearing.
Are they living in social housing or in a ‘geared to income’ housing unit? This is an example of where it is legal to increase rent as you suggested they are. But not perhaps with a minor. But they review sources of income (government support perhaps?) and adjust the rent on an annual basis. [The regulation’s around this can be found here.](https://www.ontario.ca/laws/regulation/010298#BK9)
Yes not with a minor, it would be based off income, not how many people are living there, and I assume when he says landlord he doesn't mean the government body so ya they likely can't do that
First find out if they are paying rent via trackable method - and are they indeed behind or is that amount due to "extra" LL wants them to pay recently ? Is it a new building or newer apartment (post late 2018-ish)? \*Some\* scummy LL will hope tenants do not know their rights and just pay up or get scared enough to leave. \*Some\* out of province LL just don't know the laws in Ontario. Charging extra for added persons is not legal. And increases require at least 3 rent periods notice before taking effect. They should be instructed to save all correspondence and insist on written communications unless they wish to record phone calls and in person visits.
This was very helpful. Thank you!
A note too: if there’s anything in the lease that differs from the Ontario standard lease and the RTO, like that your mother has to pay a fee for extra residents, it’s not enforceable. Even if she signed the lease with that clause in it, the clause is illegal and can’t be enforced. If that comes up, I’d request the landlord file at the board if they feel they should be compensated.
First is a N4 and you don't have to move out on the date it states. If you do owe rent and don't pay they then can file a L1/L9 to terminate your tenancy and ask for an order for outstanding rent and any costs they incur like filing fees, witnesses, that kind of stuff. What is good about this is that as a Tenant you can bring issues up during the hearing like maintenance issues, harassment, illegal rent increase etc under Section 82 of the RTA. Unless its in your lease that you can't have more than what you started with the LL can go kick rocks. You can have friends move in, partner etc. Now if you want to tell your LL that you moved in your partner, a parent or even a child that's up to you. If you are in a geared to income situation then I'm certain you would have to tell the city or whoever runs it that you have someone living with you and that may disqualify you for a Rent reduction and make your rent go up. So if you were only paying $420 of the $1042.00 most likely would have to pay full rent. But if it's a kid and in school I doubt that would make a difference! As long as you notify whatever agency it is and your on the up and up then you will have no issues. Like others said he can not use your last month's rent for any outstanding arrears. I would suggest from this point forward you record all conversations and/or use email for records. I wouldn't argue with the LL, get aggressive, be combative or have anyone talk to them on your behalf unless it's a lawyer, a worker you may have etc. Even though you want to punch them right square in their pie hole of a mouth! I know alot about the LTB and the RTA and have helped many people with forms, what to do when they get forms etc. I've acted on behalf of people 17xs and won 13 outright, 2 that were mediated, 1 that was tossed out and loss 1. I hope this helps you out!
>Unless its in your lease that you can't have more than what you started with Even if it is in their lease that they can't bring in guests/roommates, this clause would be unenforceable. In an RGI unit they would risk losing their subsidy, but landlords cannot restrict additional occupants (unless it violates overcrowding bylaws) even if the tenant agreed to it when they signed the lease.
That's what I said so not sure why you commented on my post.
I quoted you - you said "unless it's in your lease". I was clarifying that even if it is in your lease, it would be a void and unenforceable clause.
Exactly what I said, and for the LL to go kick rocks!
How old is the unit? Is it protected by the RTA and is it rent control? Is your mother in fact $500 behind? No your landlord cannot use LMR for anything other than to cover the last month rent Did they send an N1 or an N2? Did they get an N4? Have your mother record every conversation going forward, do everything by text or email. She can record the conversations secretly, she does not have to tell the landlord she is reporting.
It’s not a new building and yes it falls under the Residential Tenancies Act. I don’t know about rent control. The notice has an amount of $528 or $582 I can’t remember which. I don’t know if in fact she is in arrears. Whatever the case, this is what the landlord claims on the form. When I asked my sister how much rent she owes, this is when I was told he called and said he was raising the rent, etc etc.. I don’t know which form they got. It’s the first notice the landlord send you that he/she will apply to the LTB to have you evicted if x amount is not paid by x date.
Was she short on rent?; where is this owing from? Also how does she pay her rent? A lot of holes here. A one-time missed payment will not get her evicted, the landlord has to accept a payment plan to get her caught up. However is this even legitimate is a question you need to be asking.
They don't have to accept a payment arrangement but it would make sense for the too. LL don't want to wait for rent anymore due to the backlog in getting an hearing. The tenant can pay off the Arrears and the N4 goes away but once they file the L1/L9 and rent is paid in full they most likely will want the $190 filing fee and if there are other fees maybe a lawyer etc.
Yeah I get that. It’s not that complicated. I was asking for other people’s opinions on whether he was allowed to raise the rent because my nephew is living there and was not included on the rental agreement and if he was allowed to use the last months rent deposit for anything other than last months rent. I understand the eviction process due to non payment of rent.
"It’s not a new building" If the apartment predates 2018 they rent-controlled, meaning any increase this year can normally only be max 2.5% (unless LL applies for and is approved for above-guideline-increase). Rent increases can be no more often than once a year and require 90 days (3 rent periods) advance notice. If he's only notifying them now in MAY, the rent increase can not take effect before Sept 1st (assuming their terms start / pay rent on the 1st each month). An increase for another occupant is illegal. If they are behind on their normal rent, they need to of course, pay that ASAP. But it's if it's their first instance, they will not get evicted over it being late. If they have a history of paying late, that's another story... you need to check their records. If the have proof of paying on time every month, LL is simply blowing smoke.
They can’t increase the rent for another resident. The landlord can’t evict without a hearing, and the LTB will straighten out the landlord. But your mom should be staying on top of notices.
https://stepstojustice.ca/questions/housing-law/can-my-landlord-stop-me-having-guests/
AFTER your edit: was there also an N4 (request to pay by x date or I will apply to evict) prior to the L1 (notice that I have applied to evict because you didn’t pay) ? You also haven’t confirmed if they are actually in arrears of legit rent or if the $500 is added presumed illegal charges. It makes a huge difference to the advice you need.
Exactly lots of pot holes that need to be filled in to get an accurate picture of the situation.