[ont.general] Landlord/Tenant Act Question

soley@moegate.UUCP (Norman S. Soley) (04/21/89)

In article <3108@looking.UUCP> grant@looking.UUCP (Grant Robinson) writes:
>I've been tring to get in touch with some people at the Residential Tenancy
>Commission without luck for a couple days now so I thought i'd query the
>net...
>
>    On Jan 1st, I signed a one year lease on a four bedroom townhouse. I
>rent 3 bedrooms, and pay the remaining rent myself.  Due to certain new
>regulations in the condo complex in which I live, my landlord has told me
>that I can not rent the two basement bedrooms for the summer.  He has in
>turn said that he will lower my rent, but has not specified an amount.
>
>     My concern is that if he does not lower the rent by at least half
>(which seems unlikely), I am going to be suffering a large rent increase
>which I had not anticipated.  On top of that utilties will be higher, being
>split only two ways.  My question is this:  Is this adequate grounds to
>break lease?   I should think so since what I agreed to rent was a four
>bedroom townhouse, and it is no longer so.  

From the point of view of the Landlord Tenant Act I don't think you have
grounds to break the lease. But remember that your lease is a contract, a 
limited one since the LTA takes precendence over leases where the two conflict,
but still a contract. If you had it written into your lease that you could 
rent out 3 rooms and now the landlord wants to go back on that you may have
your grounds.

Personally I'd say that you should tell the landlord to take a hike. You're not
doing anything illegal (you're not operating a boarding house until there are 
5 unrelated people living in the place, nor are you likely to be breaking any
minimum housing standards laws since Waterloo has none) and I don't think the 
landlord is allowed to limit the number of people living in a place so long 
as the lessee is in residence and no laws are broken. If it's against the
landlord's contract with the condo association that's his problem not yours. 
You've got him over a barrel. Tell him unless he cuts your rent in half 
you'll move extra people in, he'll have to pay fines to the assocaition and 
legal fees if he trys to evict you, he'd lose more money that way than if
he gives in to you.




-- 
Norman Soley - The Communications Guy - Ontario Ministry of the Environment
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