View Full Version : Free/cheap legal advice for tenants in Toronto?
Happy13178
Sep 26th, 2005, 03:44 PM
Looking for some advice as to what I should do here.
Trying to break a lease for a house I'm in. I've been there for almost 3 years....first year was on a 1 year lease, when it expired was doing month to month, then re-signed a new one for a year in february, so the new lease ends then.
Thing is, I don't want to be there anymore. The landlord lately has been more and more of a prick, nagging about various things (roommate was sitting on front step at lunch about a month ago, strumming on his acoustic guitar while he waited for a ride and landlord freaked as he was walking by, saying the house is for living, not playing music). He's also started coming onto the property, going through the backyard with no notice that he's coming by. My gf freaked when she saw him looking through the back window at her.
In the lease, it says that we're entitled to peaceable possession and the landlord should not coerce, threaten, harass, etc, and that he give 24 hours notice before he comes on the property, except in the case of an emergency.
Since he hasn't done this, I was to know if he's broken the terms of the lease so I can leave without penalty.
I gave first and last month's rent when I moved in, and the lease also says I'm entitled to 6% per annum interest on the last month's deposit...I was going to offer for him to keep it in exchange for the break.
Any ideas?
danfromwaterloo
Sep 26th, 2005, 04:11 PM
Looking for some advice as to what I should do here.
Trying to break a lease for a house I'm in. I've been there for almost 3 years....first year was on a 1 year lease, when it expired was doing month to month, then re-signed a new one for a year in february, so the new lease ends then.
Thing is, I don't want to be there anymore. The landlord lately has been more and more of a prick, nagging about various things (roommate was sitting on front step at lunch about a month ago, strumming on his acoustic guitar while he waited for a ride and landlord freaked as he was walking by, saying the house is for living, not playing music). He's also started coming onto the property, going through the backyard with no notice that he's coming by. My gf freaked when she saw him looking through the back window at her.
In the lease, it says that we're entitled to peaceable possession and the landlord should not coerce, threaten, harass, etc, and that he give 24 hours notice before he comes on the property, except in the case of an emergency.
Since he hasn't done this, I was to know if he's broken the terms of the lease so I can leave without penalty.
I gave first and last month's rent when I moved in, and the lease also says I'm entitled to 6% per annum interest on the last month's deposit...I was going to offer for him to keep it in exchange for the break.
Any ideas?
First, Google it. There's lots of info on the web for this sort of thing.
Second, document it. What proof do you have to bring to the Tribunal about this behaviour, besides your word versus his? Document every occurance. You're absolutely entitled to play guitar on your porch, so long as its not violating any noise laws. You also need to prove that this guy is snooping on your rental property without permission - something which is a lease-breakable offense.
Once you have this, you take him to the Tribunal, present your case, and abide by their ruling. Worst case scenario - they issue a warning against him, which keeps him away from your place - theoretically.
Thirdly, KNOW the law inside and out. Study it. Wait for an infraction to occur, record it, then hit the Tribunal again. Only the Tribunal can get you safely out of your lease.
Lastly, find someone to take over your place. If you can find it, the landlord is required to allow it. If he refuses, you can vacate. Again, this must be done to the letter of the law, which you should by now know inside and out.
And if that doesn't work, put up and shut up. Its only 5 months.
sportsfan99
Sep 26th, 2005, 06:46 PM
Looking for some advice as to what I should do here.
Trying to break a lease for a house I'm in. I've been there for almost 3 years....first year was on a 1 year lease, when it expired was doing month to month, then re-signed a new one for a year in february, so the new lease ends then.
Thing is, I don't want to be there anymore. The landlord lately has been more and more of a prick, nagging about various things (roommate was sitting on front step at lunch about a month ago, strumming on his acoustic guitar while he waited for a ride and landlord freaked as he was walking by, saying the house is for living, not playing music). He's also started coming onto the property, going through the backyard with no notice that he's coming by. My gf freaked when she saw him looking through the back window at her.
In the lease, it says that we're entitled to peaceable possession and the landlord should not coerce, threaten, harass, etc, and that he give 24 hours notice before he comes on the property, except in the case of an emergency.
Since he hasn't done this, I was to know if he's broken the terms of the lease so I can leave without penalty.
I gave first and last month's rent when I moved in, and the lease also says I'm entitled to 6% per annum interest on the last month's deposit...I was going to offer for him to keep it in exchange for the break.
Any ideas?
You can not break a lease because the landlord is a jerk.He does not have to give 24 hours in some cases.Noise by-law for one if your buddy was to loud your landlord has the right to tell you to stop playing.It seems you have both not up held your ends he to the more but still you really have not much of a case.
audit13
Sep 26th, 2005, 07:17 PM
I'm not sure if this will help but have a look at this website:
http://www.ontariotenants.ca/
gnuela
Sep 26th, 2005, 11:33 PM
this is the website for the ontario rental housing tribunal:
http://www.orht.gov.on.ca/scripts/index_.asp