Real Estate

Can a landlord of a parking lot refuse to renew the lease on the basis that I refuse to give her post-dated checks?

  • Last Updated:
  • Nov 2nd, 2018 9:19 pm
[OP]
Newbie
Jul 31, 2018
50 posts
53 upvotes

Can a landlord of a parking lot refuse to renew the lease on the basis that I refuse to give her post-dated checks?

Hi everyone. I live in a condo in Toronto. So my landlord of a parking lot in a condo asked me to give her post-dated checks three months in advance. In the past I always did so and had no problem at all. But this time all my checks get lost by the building security and I have to pay $15 per check to cancel them. So I told the landlord that I would only give her one month cheque from this month. However she refused and sent me a message indicating that "if we don't want to rent anymore, we can tell her at once". I replied her with the law saying that it is not permitted that a landlord can request post-dated cheque. Later on, she called me and telling me that she would not rent the parking lot to people like me when the contract terminates (next year).

I wonder given my circumstance, if there is any way to keep renting the parking next year?
19 replies
Sr. Member
May 12, 2003
801 posts
236 upvotes
IMHO, highly doubt you have any claim here.

Doubt parking lots are covered under LTB. You won't get anywhere.
Deal Guru
User avatar
Mar 23, 2008
11349 posts
7655 upvotes
Edmonton
You have no protection under the RTA. She’s not your “landlord” by most definitions. Just someone who rents you a parking spot.

Either give her the cheques, or be prepared to find a new spot. You set a precedent by giving her the post-dated cheques before. If you wanted to fight it, you’d end up going to small claims court. Just not worth it. IMHO

C
Deal Guru
User avatar
Mar 23, 2008
11349 posts
7655 upvotes
Edmonton
Just to add... She’s under no obligation to renew the lease with you in any case, whether you give her the cheques or not. You have no automatic “roll over” like a residential tenant would have.

C
[OP]
Newbie
Jul 31, 2018
50 posts
53 upvotes
Thanks for the help. Although it's not what I'd like to hear, it looks like I have no other choices but to give her what she wants.
Deal Addict
Dec 23, 2010
1806 posts
872 upvotes
Moon
yughred wrote: Thanks for the help. Although it's not what I'd like to hear, it looks like I have no other choices but to give her what she wants.
Yep. There is absolutely no legal protection for renting a parking spot. Only thing you got is what is written on the contract.
Penalty Box
User avatar
Aug 19, 2008
1925 posts
499 upvotes
yughred wrote: Hi everyone. I live in a condo in Toronto. So my landlord of a parking lot in a condo asked me to give her post-dated checks three months in advance. In the past I always did so and had no problem at all. But this time all my checks get lost by the building security and I have to pay $15 per check to cancel them. So I told the landlord that I would only give her one month cheque from this month. However she refused and sent me a message indicating that "if we don't want to rent anymore, we can tell her at once". I replied her with the law saying that it is not permitted that a landlord can request post-dated cheque. Later on, she called me and telling me that she would not rent the parking lot to people like me when the contract terminates (next year).

I wonder given my circumstance, if there is any way to keep renting the parking next year?

You have to fight fire with fire.

Many condos in Toronto only allow residents of the building to rent parking spots. Especially if it requires a fob to get into the underground garage. This would severely restrict her pool of available renters for the spot.

Call the management corp or the concierge and pretend you're an owner who wants to know if you're allowed to rent your parking spot. If it's a no, call your landlady and offer her the option of doing things the easy way or doing things the hard way.

Collecting rent cheques every month is one of my least favourite things to do - - so save her the hassle an offer to just send an etransfer instead.
Licenced Realtor and P.Eng
Deal Fanatic
Feb 22, 2011
7250 posts
7661 upvotes
Toronto
Donnie740 wrote: You have to fight fire with fire.

Many condos in Toronto only allow residents of the building to rent parking spots. Especially if it requires a fob to get into the underground garage. This would severely restrict her pool of available renters for the spot.

Call the management corp or the concierge and pretend you're an owner who wants to know if you're allowed to rent your parking spot. If it's a no, call your landlady and offer her the option of doing things the easy way or doing things the hard way.

Collecting rent cheques every month is one of my least favourite things to do - - so save her the hassle an offer to just send an etransfer instead.
Lol if someone did that to me I would cancel the agreement and rent it to someone else for less out of spite. Or offer a family member free parking for one of their sports vehicles.
[OP]
Newbie
Jul 31, 2018
50 posts
53 upvotes
Donnie740 wrote: You have to fight fire with fire.

Many condos in Toronto only allow residents of the building to rent parking spots. Especially if it requires a fob to get into the underground garage. This would severely restrict her pool of available renters for the spot.

Call the management corp or the concierge and pretend you're an owner who wants to know if you're allowed to rent your parking spot. If it's a no, call your landlady and offer her the option of doing things the easy way or doing things the hard way.

Collecting rent cheques every month is one of my least favourite things to do - - so save her the hassle an offer to just send an etransfer instead.
Yes, I’ve confirmed that the parking can only be rented to residents. But it seems that she works for a Corp and they control a lot of parking lots. So I’d better not cross her on this issue. I grudged because she doesn’t seem to show any appreciation and thinks that requiring post-dated checks are her right. When my checks got lost, she didn’t show any sympathy but only focused on the trouble it brought to her.
Sr. Member
Nov 10, 2017
751 posts
509 upvotes
yughred wrote: Yes, I’ve confirmed that the parking can only be rented to residents. But it seems that she works for a Corp and they control a lot of parking lots. So I’d better not cross her on this issue. I grudged because she doesn’t seem to show any appreciation and thinks that requiring post-dated checks are her right. When my checks got lost, she didn’t show any sympathy but only focused on the trouble it brought to her.
Are the post dated cheques agreed in the binding contract ?
Deal Addict
Jan 28, 2009
1940 posts
441 upvotes
Calgary
I hope you asked building security to pay you back for the cancelled cheques.
Deal Addict
User avatar
Dec 13, 2016
3477 posts
2933 upvotes
I think you should get compensated for lost cheques
Deal Addict
Nov 13, 2006
1086 posts
686 upvotes
Renew the lease with post-dated cheques and add the clause:

"The landlord accepts full responsibility for holding on to these post-dated cheques. When a cheque is lost by the landlord and/or security company and/or property manager and/or any employee/contractor/persons related to the landlord, the landlord has agreed to deduct $20 from the month in where a replacement cheque had to be re-issued"
Deal Addict
Mar 14, 2006
1318 posts
682 upvotes
Toronto
You are not required to provide postdated cheque to the landlord, however, having said, it is just more convenient for both parties to do so. Neither of the parties is obligated to renew the rental agreement once it is expired. So you either accept her rules or you are out of a parking spot. If there are charge that occur because of the lost cheque, your landlord should pay for the fees.

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