Can the Landlord raise the rent if you want to have a roommate move into your apartment?

The Advocacy Centre for Tenants Ontario (ACTO) says that raising the rent when a new roommate moves in or barring a tenant from getting a roommate is against the law.

However, there are exceptions:

  • if the tenant shared a bathroom or kitchen with the landlord or a member of the landlord’s family, the Residential Tenancies Act (RTA) would not apply and the tenant would have to seek permission from the landlord to add a roommate.
  • if it caused overcrowding, the tenant could face eviction.
  • if the roommate was a drug dealer or party animal and it interfered with the reasonable enjoyment of the premises for other tenants or the landlord.
  • Condos have declarations that allow only single families to live in the unit and the condo corporation needs to know who’s moving in, in order to remain compliant with their condo policies.

In most cases tenants are within their rights to bring in roommates, with or without the permission of the landlord.

Since there is not much affordable housing or vacancies available, tenants usually just pay the increase as they do not want to fight with the landlord.

 

Source:
https://www.thestar.com/news/gta/2019/08/23/a-roommate-moves-into-your-apartment-can-the-landlord-raise-the-rent.html

LANDLORD AND TENANT BOARD BLOCKS RENOVATION EVICTION

Tenants residing at 394 Dovercourt Road get a reprieve, for now, as the Landlord and Tenant Board ruled that they cannot be forced out of their apartments.

They have been fighting this eviction for fear that if they moved, regardless what the law states, the landlord would replace them with new tenants paying higher rents.

The landlord told them the units had to be empty in order to replace the knob-and-tube writing in the building.  A decision was made that a building permit was not required in order to do this type of electrical repair. However, the tenants need to be forced to leave the units when the law governs that any renovations are extensive and require building permits.

Source: https://www.thestar.com/news/gta/2019/06/19/landlord-and-tenant-board-blocks-renovation-evictions-at-394-dovercourt-rd.html

TENANT SUPPORT GROUP BOMBARDED OVER RENT INCREASES

The Federation of Metro Tenants’ Association (FMTA)  is available to help educate tenants regarding rental increases and evictions due to development.  Last year the association responded to 30,680 calls.

In 2018 and 2019 the maximum rent increase was capped at 1.8%, but Landlords could apply for an additional 3% increase each year, over three years, to the Landlord and Tenant Board to cover major repairs.  If approved, this would mean a 4.8 per cent rent hike for both 2018 and 2019 as back rent.  A new tenant, Alana Ratcliff, and her boyfriend who moved into a one-bedroom unit on May 1 in 2017 in a Balliol St. apartment building would be responsible to pay this increase.

Wendy Lum, who is part of the FMTA, provides support and answers questions to tenants facing rent increases and evictions. Unfortunately, because of an out-of-control rental market the FMTA is getting bombarded with inquiries.

Source: https://www.thestar.com/news/gta/2019/03/04/tenants-support-group-getting-crushed-by-demand.html

FINED $75,000 IN EVICITIONS, PROFITTING $30,000 IN RENTS

A landlord who evicted five long term tenants from his 795 College St. low-rise building in order to do renovations to their units was fined a hefty $75,000. Due to a legal loophole the landlord ignoring their requests to return to their units and re-rented the new units for three times the price.

The Landlord and Tenant’s Board originally ordered the tenants out as a result of the rental housing law allowing the eviction of tenants during renovations.  The tenants complained that the law was being used in bad faith and the Board ruled against them.  It seems that the Board is powerless to order the new tenants out or to get the former tenants back into their units.

One of the tenants requested the Board find the landlord for acting in bad faith and to issue an order so they can return to their units.

795 College Inc. has been charged for Failing to Afford a Tenant a Right of First Refusal on three counts with $100,000 for each fine.  A hearing is scheduled for August.

Source: https://www.thestar.com/news/gta/2019/02/24/landlord-fined-75000-for-evicting-tenants-in-bad-faith-money-it-can-recoup-in-less-than-a-year-from-higher-rents.html