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So I got a letter from my landlord....

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HOLY CRAP! That wouldn't fly at my place. Heck just seeing that drives me nuts. That place is FILTHY! Your landlord has every right to refuse to renew your lease.
 
Originally posted by: mcvickj
HOLY CRAP! That wouldn't fly at my place. Heck just seeing that drives me nuts. That place is FILTHY! Your landlord has every right to refuse to renew your lease.
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Doesn't look like any permanent damage though. They can clean that up.
 
yeah, you need to go. "nothing is permanent" ... those stains (yes, they won't come up to the original color) on the stove beg to differ.
 
Originally posted by: chambersc
yeah, you need to go. "nothing is permanent" ... those stains (yes, they won't come up to the original color) on the stove beg to differ.
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I'll post the after cleanup picture and prove you wrong 🙂
 
That place is disgusting and unsanitary. If I were the landlord I would kick you out immediately.

WTH is wrong with people? How can you live in there? Are those pizza boxes in your hallway? How much effort does it take to just THROW OUT THE TRASH?

You need to immediately get with all your roomates and do a field day on that house.


You have dishonored yourself and your family with this shameful display.
 
The Ontario Tenant Protection Act defines your rights as a tenant to be protected against unlawful leasing/renting conditions.

deposit can only be used as the rent payment for the last month or week. It cannot be used for any other reason ? for example, paying for cleaning or repairing a rental unit.

A tenant has to keep his or her rental unit clean, up to the standard that most people would consider ordinary or normal cleanliness.

A tenant is responsible for any damage to the property caused by the tenant or any guest ? whether deliberate or by accident.

A landlord can enter a unit without written notice if:

* there is an emergency, like a fire,
* the tenant allows the landlord in,
* a care home tenant agreed in writing to let the landlord do " bed checks."

re-read that lease to see if you've agreed to this "bed-check" provision; if you have then there's no recourse for unlawful entry.

Renewing a lease

The end of a lease does not always mean a tenant has to move out. A lease can be renewed, or a new lease made, if the landlord and tenant agree.

If a new agreement is not reached, the tenant has the right to stay as a month to month or a week to week tenant ? depending on how often rent payments were required under the expired lease.

In this case, all the rules of the former lease will still apply to the landlord and tenant.

However, the landlord can increase the rent by the amount allowed under the Tenant Protection Act.

The only other poster with any relevant and helpful information in this thread already made this point. Here's the reiteration but in the writing of the act - you DO NOT have to move, as the landlord CANNOT "refuse to renew a lease" and require a tenant to vacate the premises without:

Termination for cause

Some of the reasons allowed by the Act relate to the tenant?s behaviour or actions or that of their guests. These include:

* not paying the rent in full,
* often paying the rent late,
* illegal activity,
* affecting the safety of others,
* disturbing the enjoyment of other tenants or the landlord,
* allowing too many people to live in the rental unit ("overcrowding"),
* not reporting income in subsidized housing.

this is not an exhaustive list. It would be up to the Ontario Housing Tribunal to determine if your actions would be justification of cause for termination

Reasons for Terminating a Tenancy By a Landlord.

Under the "Safety" subheading:
Reason: A tenant or their guest caused undue damage to the rental unit or property

Notice form required: Notice to Terminate a Tenancy Early (Form N5)

Landlord application: Application to Terminate a Tenancy and Evict a Tenant (Form L2) The application must be made no later than 30 days after the termination date shown in the Notice.

Tenant remedy: The tenant may void the notice and stay in the rental unit if they repair the damage or pay the cost of repair to the landlord within 7 days.

The tenant may dispute the landlord?s application.

This is unlawful in Ontario - a landlord cannot arbitrarily end a lease due to damage unless that damage endangers the safety of other tenants or goes unremedied for a week. I assume you've started cleaning up the mess and have since removed all offending articles stated in the letter from your property? The tribunal would side with you because of the unlawful entry but it woudn't hurt to also cover yourself if he/she does provide written notice for an inspection in 24hrs.

Not renewing a lease is illegal if the OP's statements are true. As long as you get the mess cleaned up and live out of relative squalour then you would be allowed to retain tenancy. Also, have a lawyer read the lease agreement before you sign any documents or agree to new terms; just to be on the safe side.😉
 
Originally posted by: UNESC0
The Ontario Tenant Protection Act defines your rights as a tenant to be protected against unlawful leasing/renting conditions.

deposit can only be used as the rent payment for the last month or week. It cannot be used for any other reason ? for example, paying for cleaning or repairing a rental unit.

A tenant has to keep his or her rental unit clean, up to the standard that most people would consider ordinary or normal cleanliness.

A tenant is responsible for any damage to the property caused by the tenant or any guest ? whether deliberate or by accident.

A landlord can enter a unit without written notice if:

* there is an emergency, like a fire,
* the tenant allows the landlord in,
* a care home tenant agreed in writing to let the landlord do " bed checks."

re-read that lease to see if you've agreed to this "bed-check" provision; if you have then there's no recourse for unlawful entry.

Renewing a lease

The end of a lease does not always mean a tenant has to move out. A lease can be renewed, or a new lease made, if the landlord and tenant agree.

If a new agreement is not reached, the tenant has the right to stay as a month to month or a week to week tenant ? depending on how often rent payments were required under the expired lease.

In this case, all the rules of the former lease will still apply to the landlord and tenant.

However, the landlord can increase the rent by the amount allowed under the Tenant Protection Act.

The only other poster with any relevant and helpful information in this thread already made this point. Here's the reiteration but in the writing of the act - you DO NOT have to move, as the landlord CANNOT "refuse to renew a lease" and require a tenant to vacate the premises

Termination for cause

Some of the reasons allowed by the Act relate to the tenant?s behaviour or actions or that of their guests. These include:

* not paying the rent in full,
* often paying the rent late,
* illegal activity,
* affecting the safety of others,
* disturbing the enjoyment of other tenants or the landlord,
* allowing too many people to live in the rental unit ("overcrowding"),
* not reporting income in subsidized housing.

this is not an exhaustive list. It would be up to the Ontario Housing Tribunal to determine if your actions would be justification of cause for termination

Reasons for Terminating a Tenancy By a Landlord.

Under the "Safety" subheading:
Reason: A tenant or their guest caused undue damage to the rental unit or property

Notice form required: Notice to Terminate a Tenancy Early (Form N5)

Landlord application: Application to Terminate a Tenancy and Evict a Tenant (Form L2) The application must be made no later than 30 days after the termination date shown in the Notice.

Tenant remedy: The tenant may void the notice and stay in the rental unit if they repair the damage or pay the cost of repair to the landlord within 7 days.

The tenant may dispute the landlord?s application.

This is unlawful in Ontario - a landlord cannot arbitrarily end a lease due to damage unless that damage endangers the safety of other tenants or goes unremedied for a week. I assume you've started cleaning up the mess and have since removed all offending articles stated in the letter from your property? The tribunal would side with you because of the unlawful entry but it woudn't hurt to also cover yourself if he/she does provide written notice for an inspection in 24hrs.

Not renewing a lease is illegal if the OP's statements are true. As long as you get the mess cleaned up and live out of relative squalour then you would be allowed to retain tenancy. Also, have a lawyer read the lease agreement before you sign any documents or agree to new terms; just to be on the safe side.😉
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Thanks! I guess we do have to keep it clean *shrug*
 
The clutter is somewhat excected but wipe the god damn stove off exery once in a while........
 
Yeah, after seeing those pics, I would do the same as your landlord.....out you go. You need to develop some day to day cleaning skills and personal responsibility.
 
Originally posted by: UNESC0
The Ontario Tenant Protection Act defines your rights as a tenant to be protected against unlawful leasing/renting conditions.

snipped
Click to expand...

Wow... great info. thanks for posting. when i read the op, i did not realize it was in Canada.

It must suck to be a landlord in Cananda though... it is pretty much like the tennant can move in and stay as long as he likes.

why bother to even have a lease to being with, since it is basically a case of... once someone moves in, unless they break a rule, they can stay for life....???

 
Originally posted by: KarenMarie

It must suck to be a landlord in Cananda though... it is pretty much like the tennant can move in and stay as long as he likes.

why bother to even have a lease to being with, since it is basically a case of... once someone moves in, unless they break a rule, they can stay for life....???
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that's what it does look like, however the amount of individuals who realize the OTPA even exists are few and far between - the de facto tenancy agreements contain many conditions that are downright illegal but most renters are just ignorant of the protections afforded to them.

And yes, it does place the burden of proof onto the landlord for eviction of a tenant; this is done to protect many families who were subject to unscrupulous practices that required legislation in the first place. Families having rent raised 200% or being evicted into homelessness during the middle of winter (and winter is cold up here!). Reality is that the landlord would have a very difficult time in evicting a tenant without a valid reason - there's many ways outlined in the OTPA where leases can end; it just can't be arbitrary.

As for staying for life - Hypothetically, yes. If the Landlord isn't able to create one of these instances:
* the landlord wants the rental unit as their own residence, or that of their spouse or same-sex partner, or a child or parent of one of them,
* the landlord has agreed to sell the property to someone who wants all or part of the property for their own residence, or that of their spouse or same-sex partner, or a child or parent of one of them,
* the landlord plans major repairs or renovations that require a building permit and vacant possession,
* the landlord plans to demolish the rental property,
* in a care home occupied for the sole reason of receiving therapy or rehabilitation, the rehabilitation or therapy program has ended,
* a tenant of a care home needs more care than that available in the home, or no longer needs the level of care provided by the landlord.

then the tenant may stay as a month to month renter in perpetuity. It would be fairly simple for a landlord to acquire a building permit to create a renovation and evict though; that'd be the route I'd go to be rid of bad tenants.
 
Originally posted by: CStan
Originally posted by: purbeast0
Originally posted by: CStan
I thought that as long as we clean it up before we move out (leave the house in the same condition as which we got it) it should be fine
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why make it a shlthole in the first place? 😕
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To clarify: The landlord is talking about a mess that was present during the christmas break. Although our house might be dirtier than average at a given time, we do clean periodically, vaccuum about once a month, etc. Our kitchen is usually clean too. However, we all had exams up until the 21st, leaving us no time to clean the mess we accumalated during that time.
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Gross.
 
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