Received a Notice from My Landlord Today

[alysomji]

In front of the large windows in my livingroom, I have a bunch of furniture. None of it is actually touching the window (there is at least a few feet between the window and any furniture), and it's there because I have no other place to keep it right now.


Today my landlord sent me a notice:

We require that you remove the items from your window, co per the attached sub-section of your lease.

Thank you in advance for your cooperation.
-Management

Sub-section states:

The floors, skylights and windows that reflect or admit light into passageways or into any place in the building shall not be covered or obstructed by any of the tenants; and no awning shall be put over any window without the sanction of the Lessor.


Here is the response I gave:

There are no items on my window. My apartment contains a lot of furniture. I decide where this furniture is placed in my apartment within the rules and regulations that govern my dwelling.

I have read the sub-section of my lease that you attached to your notice. I can assure you that within approximately three feet of my window there is no furniture, and that I have no intention of blocking my windows. In fact, a fair amount of light is admitted into my home – meaning that my windows are not obstructed.

Good day.


Do you think I will be okay? Am I in the wrong? What can my landlord do to me if I do not move the furniture?

Please provide me some advice. Thanks.

[awestruck]

Show us a picture.

[Chin-Pang]

Sounds like you should be okay. Do you have anything outside that might be blocking your window or maybe some items sitting on the window ledge? If they don't want the windows to be obstructed does this mean you're not allowed to have curtains or blinds?

[alysomji]

Sounds like you should be okay. Do you have anything outside that might be blocking your window or maybe some items sitting on the window ledge? If they don't want the windows to be obstructed does this mean you're not allowed to have curtains or blinds?

I do not have anything on my window ledge and nothing is outside my window.

Show us a picture.

I don't have a decent camera, unfortunately.

[tonychau]

very interesting...
are you in anyway slacking the furnitures on top of each other that cover the windows? Your furnitures might block a large window that might violate fire code. Your landlord didn't say your furnitures are touching the window.

are you living in Condo?

In front of the large windows in my livingroom, I have a bunch of furniture. None of it is actually touching the window (there is at least a few feet between the window and any furniture), and it's there because I have no other place to keep it right now.


Today my landlord sent me a notice:

Quote:
We require that you remove the items from your window, co per the attached sub-section of your lease.

Thank you in advance for your cooperation.
-Management

Sub-section states:

The floors, skylights and windows that reflect or admit light into passageways or into any place in the building shall not be covered or obstructed by any of the tenants; and no awning shall be put over any window without the sanction of the Lessor.





Here is the response I gave:




Do you think I will be okay? Am I in the wrong? What can my landlord do to me if I do not move the furniture?

Please provide me some advice. Thanks.

[alysomji]

very interesting...
are you in anyway slacking the furnitures on top of each other that cover the windows? Your furnitures might block a large window that might violate fire code. Your landlord didn't say your furnitures are touching the window.

are you living in Condo?

I live in an apartment building on the tenth floor. There are no balconies or staircases on the outside of the building I live in. My apartment faces out to the street. Thus, I don't think I would be violating a fire code (and the landlord has not even mentioned it) as you cannot go anywhere through the window - except ten floors down :razz: .

The Ontario Landlord and Tenant Act proclaims:

A landlord shall not at any time during a tenant's occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tenant or members of his or her household.


Thus, if I want to keep the furniture in my living room a certain way (regardless of my reasoning), I do not see why there should be a problem. I don't think my landlord can force me to move my furniture unless I am violating building rules and regulations (which I do not believe I am).

[Chin-Pang]

Maybe the notice was intended for some other tenant? Your neighbour? It may be had for your landlord to tell exactly which unit is which from the outside. Just a thought.

[cwb27]

A lot of landlords will try and get away with doing things, ether because they think the tennant is too dumb to think about looking it up in the Landlord and Tennant Act, or the landlord himself doesn't know the rules...

I'd say definitly persue this and see where the landlord tries to take it.

[gman]

Maybe the notice was intended for some other tenant? Your neighbour? It may be had for your landlord to tell exactly which unit is which from the outside. Just a thought.

That is what I am thinking too. They gave a letter to the wrong unit. I would take the letter to the landlord and ask what he is talking about. May be one floor down or one floor up.

[Ben31]

I live in an apartment building on the tenth floor.

Just a thought.....what is he doing looking at your window if you are on the 10th floor?....Is he trying to get a better view with his binoculars?

[gman]

Just a thought.....what is he doing looking at your window if you are on the 10th floor?....Is he trying to get a better view with his binoculars?

My guess is the landlord (or his representative) checked from outside and looked up. There is window covered by something such as a poster. However, he could not get the unit number correctly.

[alysomji]

Well, I'm waiting for the landlord to respond. I think the notice is for me but I'll have to wait and see.

If it is not, I will be happy.

If it is, I will be curious as to how the landlord will proceed given my letter to him.

Should be interesting, nonetheless.

[webdoctors]

u r over reacting, he probably saw the wrong window or the furniture gave the illusion it was right against the window, foot away from window is fine

[cookie-monster]

If the landlord did intend this to go to you, he could be concerned that your furniture "obstructs" the window. An obstruction doesn't need to touch, so the fact that your furniture isn't touching the window won't help.

It would then come down to whether this term in the lease interferes with your "reasonable enjoyment" of the property, as protected in the LTA.

[stevethewheel]

I'm not trying to hijack your thread but I don't quite understand what limitations the landlord or condo association can make on your windows.

Can they prevent you from having whatever style of blind or curtain you want?

Can they prevent you from having blockout curtains?

Can they dictate the style or installation of blinds? (eg. everyone will have the same kind and installation of blinds as approved by whoever)

Back to your topic:

If your furniture is dark in colour and the curtains/blinds are open it might be giving the appearance of being "in the window".

[haowong]

Why don't you ask the landlord for more explaination instead of asking on a forum?

The letter may have stemmed from misunderstanding and misunderstanding can only be cleared by good communication.

Go ask him (unless he is a RFDer, which would be ok)

[masterhapposai]

wow, what crack is he smoking?

why can't you obstruct light? that doesn't make any sense. I'd go nuts if I was forced to let light in.

What are you going to do, sleep in the closet during the day?

[haowong]

wow, what crack is he smoking?

why can't you obstruct light? that doesn't make any sense. I'd go nuts if I was forced to let light in.

What are you going to do, sleep in the closet during the day?


Try sleeping at night!
And get off your ass during the day and do something constructive with your time instead of sleeping in the closet.

[corrupt123]

Try sleeping at night!
And get off your ass during the day and do something constructive with your time instead of sleeping in the closet.

So you're sayng he should come out of the closet?

eheheheheh I kill myself :lol:

[alysomji]

Well everyone, it seems the landlord has accepted my argument. Today, I received a reply from the landlord to my letter but it talked about an interest cheque that is due to me on a past lease. The issue of the obstruction of windows was not mentioned and it appears that it is now a mute topic.

I guess it was worth challenging the landlord in this case.

[wiggy]

Well everyone, it seems the landlord has accepted my argument. Today, I received a reply from the landlord to my letter but it talked about an interest cheque that is due to me on a past lease. The issue of the obstruction of windows was not mentioned and it appears that it is now a mute topic.

I guess it was worth challenging the landlord in this case.

Could still be a follow up letter if the other is just routine business that was in the pipe anyhow. You know - a coincidence.

And it's "moot".