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Rental/Lease Agreement Questions - Toronto Condo - Repairs/Lease Breaks

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[OP]
Newbie
Jan 18, 2015
17 posts
1 upvote
Toronto, Ontario

Rental/Lease Agreement Questions - Toronto Condo - Repairs/Lease Breaks

Hey Everyone
I'm looking to sign a 1 year lease for a condo in downtown toronto and have a few questions about some clauses:

Repairs?
Is it normal for tenants to have to pay the first $100 of repairs and landlord to have to pay anything over and above this? Shouldn't landlord have to cover any damage (that is not fault of the tenant)?

Lease Break?
Is there usually a clause for the ability to break a lease halfway through the term?

Rent Increase?
If it doesn't mention rent increases, I assume the landlord cannot increase rent through the 1 year term - is this correct?

Are there any other important clauses for tenants that I should be adding? Any help would be appreciated!
15 replies
Deal Addict
Dec 21, 2010
1533 posts
813 upvotes
GTA
We generally put first $50 (and quite truthfully have never once collected that when needed).

The clause we provide for terminating the lease would be considered the option for the current tenant to find another tenant that meets our qualifications (sublease) or to pay out the remainder of the lease.

The landlord can increase the rent after the first year, but not during the first year.

Do you have a Realtor? If not, I would suggest you get one as it sounds like you are asking for random RFD advice on something should be dealt with by a professional so you aren't burned in the long term.

(and yes, there are MANY more clauses that are in a standard lease agreement!)
Award Winning Realtor - I LOVE MY JOB!!
At the end of the day, you're the boss and need to make sure I'm worth your rate of pay!
Jr. Member
Oct 4, 2013
141 posts
5 upvotes
Brampton
You can check the web site Landlord and Tennant Board and get familiar with the rules and regulations. You need the know your rights and the landlord's rights even if you have a professional realtor to help you out. Very often situations are different from one to another. There are also grey area that the regulation is not clear about.

http://www.ltb.gov.on.ca/en/
Deal Addict
User avatar
Jan 2, 2012
3881 posts
1716 upvotes
Toronto
Just remember that any clauses that may be included in your contract with the landlord, become null and void if they don't fall under the general rules of the Residential Tenancies Act through the LTB.

i.e. even if there's a clause you sign that you will not have pets in your unit, since it's illegal to ban pets in the RTA that clause would become void and you would be allowed to keep pets anyways (in accordance with any condo bylaws).

So for any clause in your lease contract you are questioning, you should check what the RTA states on the topic, and if the clause is legal to even be there in the first place.
Banned
Jan 16, 2015
869 posts
86 upvotes
Toronto, ON
Sounds like another weasel RE agents running rental properties. They only reason they do this is to meet new clients. They make you sign this ridiculous lease, then they disappear and you are left with the real LL. Then the LL is in LL tenant court in 2 months, LOL!
Deal Addict
Oct 29, 2010
4310 posts
656 upvotes
nextpage wrote: Hey Everyone
I'm looking to sign a 1 year lease for a condo in downtown toronto and have a few questions about some clauses:

Repairs?
Is it normal for tenants to have to pay the first $100 of repairs and landlord to have to pay anything over and above this? Shouldn't landlord have to cover any damage (that is not fault of the tenant)?

Lease Break?
Is there usually a clause for the ability to break a lease halfway through the term?

Rent Increase?
If it doesn't mention rent increases, I assume the landlord cannot increase rent through the 1 year term - is this correct?

Are there any other important clauses for tenants that I should be adding? Any help would be appreciated!
$100 is standard. It's pretty much there so the tenant wouldn't bug the landlord for every small thing.

If there is no clause in the lease to terminate early, you are responsible for payment for the remainder of the 1 year lease. In my lease that i wrote, i put a $6,000 "fine" which is just to be sure i have enough time to find a different tenant. It's about 2.5 months worth of rent.

It's illegal to increase the rent more than once every 12 months, so they can't increase it on you unless you been there for at least 1 year.
They are also very limited at how much money they can increase the rent by, they have rules for that that change every year.
Banned
Jan 16, 2015
869 posts
86 upvotes
Toronto, ON
flafson wrote: $100 is standard. It's pretty much there so the tenant wouldn't bug the landlord for every small thing.

If there is no clause in the lease to terminate early, you are responsible for payment for the remainder of the 1 year lease. In my lease that i wrote, i put a $6,000 "fine" which is just to be sure i have enough time to find a different tenant. It's about 2.5 months worth of rent.

It's illegal to increase the rent more than once every 12 months, so they can't increase it on you unless you been there for at least 1 year.
They are also very limited at how much money they can increase the rent by, they have rules for that that change every year.
What a load of BS. You are not responsible for any repair costs of the slum lords. Give 30-60 days notice and you are gone, pay nothing more. Better yet sublet to someone else. There is no such thing as a fine. If the LL has been overcharging your for a flee bag and not doing repairs you can with hold rent and the file in LL tenant court (free.) You will not have to pay rent until it is resolved.
Jr. Member
Oct 4, 2013
141 posts
5 upvotes
Brampton
I am interested to know if you enjoy changing a 50 cents light bulb every one or two months for your tenant, especially you need an hour drive to that apartment? Or, perhaps the tenant breaks something because the person doesn't read instructions and the cost of repair is all out of your pocket? A lease is a legal contract, if one breaks it, one will have to face the consequence in court, except what is not allowed by law. If one is so worry of being overcharged, hire a professional to fix it and don't call the landlord. You don't have to sign the contract if you don't agree to any clauses, go find some place else or buy your own home. Please put yourself into a landlord's shoe, not all landlords are slum lords. You may have come across one, I feel sorry for you. It takes one to meet the other.

It always needs to establish a good relationship with the landlord. In case you have to break the lease, give them a good reason, give them time to find another replacement, things can always work out if one is willing to co-operate. When you move out, the landlord can raise rent too, so it is not bad for the landlord and many are willing to let you go without punishment or fine.
Deal Addict
User avatar
Dec 16, 2007
3906 posts
1020 upvotes
Toronto
Buccio wrote: What a load of BS. You are not responsible for any repair costs of the slum lords. Give 30-60 days notice and you are gone, pay nothing more. Better yet sublet to someone else. There is no such thing as a fine. If the LL has been overcharging your for a flee bag and not doing repairs you can with hold rent and the file in LL tenant court (free.) You will not have to pay rent until it is resolved.
Wow, I actually agree with one point to an extent. Tenants shouldn't be responsible to pay for any repairs. Then again the tenant is responsible for light bulbs etc, and it is their duty to notify the landlord of any deficiencies

Tenants are responsible for the entire term of the lease. 60 day notice is required once the lease expires and tenancy becomes monthly
Banned
Jan 16, 2015
869 posts
86 upvotes
Toronto, ON
Oh the LL tenant board takes it seriously. I also have my own house so you slum lords can stick where the sun don't shine. If you RE agents and slum lords feel the need to cheat people and not obey the LAW in Ontario, i have a solution for you: GET A REAL JOB!

Your contract does mean jack all either you can file in small claims all you want, it will be just sent back to the board and the board will not take kindly to low lifes. You want to ruin peoples credit score go ahead, just check the review of your property on the bedbugregistry next time you try to rent, you might be in for a big surprise!
Deal Addict
Oct 29, 2010
4310 posts
656 upvotes
hitman_24 wrote: Wow, I actually agree with one point to extent. Tenants shouldn't be responsible to pay for any repairs. Then again the tenant is responsible for light bulbs etc, and it is their duty to notify the landlord of any deficiencies

Tenants are responsible for the entire term of the lease. 60 day notice is required once the lease expires and tenancy becomes monthly
How do you define a repair though? To me under $100 is not a repair and the tenant can and should handle it himself.
Deal Addict
User avatar
Dec 16, 2007
3906 posts
1020 upvotes
Toronto
flafson wrote: How do you define a repair though? To me under $100 is not a repair and the tenant can and should handle it himself.
It is the landlord's responsibility to maintain the unit and ensure that it is in a good state of repair, even if:
the tenant was aware of problems in the unit before they moved into it, or,
the landlord puts into the lease that the tenant is responsible for maintenance.
However, the tenant is responsible for keeping the unit clean, up to the standard that most people consider ordinary or normal cleanliness. The tenant is also responsible for repairing or paying for any damage to the rental property caused by the tenant, their guests or another person living in the rental unit.

You'd be hard pressed to find a repairman or trades person that will not only show up, but also fix something for less than $100 anyway
Deal Addict
User avatar
Jan 2, 2012
3881 posts
1716 upvotes
Toronto
http://www.ltb.gov.on.ca/en/Key_Informa ... 11890.html
The Residential Tenancies Act (the Act) has rules about the maintenance and repair of rental properties. This brochure explains some of these rules. These rules apply to all rental agreements, even if:
- a written agreement conflicts with the rules under the Act,


No matter if there is a clause in the lease that states a renter should pay the first $100 of any repair, this can NOT stop a landlord from making any necessary repairs to the unit if the renter simply decides not to pay it after something naturally breaks down. Landlord must fix everything in a timely manner regardless.

If renter refuses to pay based on this lease agreement clause, then landlord can decide to pursue it in small claims court if they want, through I imagine the cost/effort of this to get $100 back would not be worth it.
Deal Expert
User avatar
Feb 8, 2014
16873 posts
6082 upvotes
I have never heard of the tenant having to pay the first $100 or any dollars of a repair, thats why they rent
Lightbulbs are not a repair, they are a wear item until LED bulbs become more common and they start lasting decades, longer then most tenants will rent. Next someone will say mopping the floor is a repair since it could lead to damage or unsanitary conditions if it keeps getting dirtier and not cleaned
Is it legal to charge tenants for repairs, and are condos different in this regard to houses or apartments?
In fact in Rand McNally they wear hats on their feet and hamburders eat people
Deal Addict
Dec 21, 2010
1533 posts
813 upvotes
GTA
As a landlord, I would not charge the $50 of a repair, but yes, it IS in the contracts. Why? Because it helps prevent people from calling for every small item such as changing a lint trap on the dryer, a lightbulb, removing hair from the drain (and not a clog... just to get my handyman in to remove the hair), chipped paint, the curtain rod being uneven, etc. etc. etc.

For major repairs (and even some minor ones), I can't ever see a landlord scrutinise over something so basic, but it CAN happen.

I think it was mentioned earlier, but if this is a larger property and the landlord oversees several units, you can always try and talk to a neighbour and see what they say and if they have had any issues with the landlord making repairs in a timely manner and how they generally respond to issues.

For myself, this is a family business and we own all of our properties so we want to make sure that all issues are taken care of as it can affect our property. Slumlords do exist, but not every landlord is looking to have their properties damaged and want to ensure that they can show mutual respect.
Award Winning Realtor - I LOVE MY JOB!!
At the end of the day, you're the boss and need to make sure I'm worth your rate of pay!

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