Real Estate

I live with my landlord and she's asking for a huge raise in rent. What should I do?

  • Last Updated:
  • Feb 8th, 2019 3:43 pm
[OP]
Newbie
Feb 7, 2019
5 posts
1 upvote

I live with my landlord and she's asking for a huge raise in rent. What should I do?

Hello,

I live with my landlord at a small 1bed condo unit and apparently I am not protected under landlord and tenants act because I share bathroom with the owner.
Recently, she told me that the rent I am paying is unreasonably low (850) that she would raise it to 1100 from next month.
I can't afford that so I decided to move out.
The problem is, I already paid for Feb and I paid the last month rent deposit when I first moved in.
Can I get my rent deposit back if I move out at the end of this month?
My landlord is telling me she cannot give it back unless I find someone else to rent the room for 1100.
Is this even legal?
I appreciate any input!
26 replies
Sr. Member
Jan 12, 2017
505 posts
190 upvotes
If you're paid for Feb and March (last month), then stay until the end.

Unless you have a contract, you are probably stuck with small claims from a legal perspective.
Deal Fanatic
User avatar
Mar 23, 2008
9263 posts
5720 upvotes
Edmonton
Do you have any kind of contract?

C
Deal Expert
User avatar
Nov 15, 2004
16900 posts
2640 upvotes
Toronto
Move out and call the cops on her for stealing from you.
Could HAVE, not could OF. What does 'could of' even mean?
Member
Jul 25, 2008
358 posts
225 upvotes
ottawa
I would find another place to live and inform her that you reject the increase and intend to move out at the end of the lease.
Deal Fanatic
User avatar
Mar 23, 2008
9263 posts
5720 upvotes
Edmonton
BTW... In the absence of a contract, my thought is that no, you're not entitled to your deposit back. But you would be entitled to stay until the end of March, without paying an increase in rent. If she wants the extra $250, she can take you to small claims court and try to prove she deserves it. If you want to move out and fight to get your deposit back, you would have to take her to small claims court if she refuses.

Check out this blog posting by a lawyer familiar with Ontario landlord/tenant issues:
http://ontariolandlordandtenantlaw.blog ... e.html?m=1

Basically, just because you're not covered by the RTA doesn't mean you don't have rights. She has to be "reasonable" in the notices she gives, and will have to get the courts involved if she wants to force you out.

C
Member
Aug 16, 2011
300 posts
166 upvotes
OTTAWA
that's close to calling the cops because MCDs left out the cheese on your Big Mac
Member
Aug 16, 2011
300 posts
166 upvotes
OTTAWA
CNeufeld wrote:
Feb 8th, 2019 1:22 pm
BTW... In the absence of a contract, my thought is that no, you're not entitled to your deposit back. But you would be entitled to stay until the end of March, without paying an increase in rent. If she wants the extra $250, she can take you to small claims court and try to prove she deserves it. If you want to move out and fight to get your deposit back, you would have to take her to small claims court if she refuses.

Check out this blog posting by a lawyer familiar with Ontario landlord/tenant issues:
http://ontariolandlordandtenantlaw.blog ... e.html?m=1

Basically, just because you're not covered by the RTA doesn't mean you don't have rights. She has to be "reasonable" in the notices she gives, and will have to get the courts involved if she wants to force you out.

C
What will she be claiming though at small claims? Its not like she is owed anything
Member
Aug 16, 2011
300 posts
166 upvotes
OTTAWA
CNeufeld wrote:
Feb 8th, 2019 1:22 pm
BTW... In the absence of a contract, my thought is that no, you're not entitled to your deposit back. But you would be entitled to stay until the end of March, without paying an increase in rent. If she wants the extra $250, she can take you to small claims court and try to prove she deserves it. If you want to move out and fight to get your deposit back, you would have to take her to small claims court if she refuses.

Check out this blog posting by a lawyer familiar with Ontario landlord/tenant issues:
http://ontariolandlordandtenantlaw.blog ... e.html?m=1

Basically, just because you're not covered by the RTA doesn't mean you don't have rights. She has to be "reasonable" in the notices she gives, and will have to get the courts involved if she wants to force you out.

C
What will she be claiming though at small claims? Its not like she is owed anything
Deal Fanatic
User avatar
Mar 23, 2008
9263 posts
5720 upvotes
Edmonton
Jeremyl007 wrote:
Feb 8th, 2019 1:28 pm
What will she be claiming though at small claims? Its not like she is owed anything
If she wants the extra $250 ($1100 - $850), she would have to go to court and demonstrate that she gave notice to the OP that there was a rent increase, and they haven't paid the new rent amount for March. So yes, she would be claiming that she's owed some money.

I suspect that if she tried that, it wouldn't go in her favour, depending on how long ago she gave notice to the OP (they just say "recently"). But it would be up to the JP to decide, which can be a crap-shoot.

C
[OP]
Newbie
Feb 7, 2019
5 posts
1 upvote
CNeufeld wrote:
Feb 8th, 2019 1:32 pm
If she wants the extra $250 ($1100 - $850), she would have to go to court and demonstrate that she gave notice to the OP that there was a rent increase, and they haven't paid the new rent amount for March. So yes, she would be claiming that she's owed some money.

I suspect that if she tried that, it wouldn't go in her favour, depending on how long ago she gave notice to the OP (they just say "recently"). But it would be up to the JP to decide, which can be a crap-shoot.

C
Thanks for your opinion
Deal Fanatic
Dec 11, 2008
9414 posts
1130 upvotes
Tell her that since you paid for last month ahead of time and she is giving you notice now, that you will stay until the end of March since it is already paid for.

Move out end of March and let her find someone to replace you.
Deal Addict
Nov 2, 2011
2451 posts
988 upvotes
I'd be staying until you are paid up and then moving out. Start looking now.

Sharing someone's place without a contract is a pretty bonehead idea.
Deal Addict
User avatar
Jan 2, 2012
2970 posts
846 upvotes
Toronto
KowoonK90510 wrote:
Feb 8th, 2019 11:37 am
Hello,

I live with my landlord at a small 1bed condo unit and apparently I am not protected under landlord and tenants act because I share bathroom with the owner.
Recently, she told me that the rent I am paying is unreasonably low (850) that she would raise it to 1100 from next month.
I can't afford that so I decided to move out.
The problem is, I already paid for Feb and I paid the last month rent deposit when I first moved in.
Can I get my rent deposit back if I move out at the end of this month?
My landlord is telling me she cannot give it back unless I find someone else to rent the room for 1100.
Is this even legal?
I appreciate any input!
No you are not covered by the LTA if you share living space (kitchen, washroom, etc ) with the owner. This means basically the owner can evict you anytime, at a moments notice and for any number of minor reasons. They can make some claim that they didn't feel safe anymore with you in their home.

So be careful if you are assuming you will stay there in March with last months prepayment, and she thinks you owe her at least the additional 250 for March, she may try to just kick you out. And if an owner wants a room renter out their house, it will happen whether you want it or not. If this did happen to you, then you'd need to go through small claims court to try and get your last month rent back if she didn't pay you back plus any other damages you think you may be owed if she didn't honour a verbal contract. Not having a paper contract in place would make recovery difficult so hopefully you have a paper trail for the last months rent being paid to her (like a bank transaction or cheque) and you didn't just give her cash with no receipt.

Top