Saturday, November 02, 2019

Messages and rental water heater

[Re: "My landlord keeps messaging me on messenger at 6:30 am .,is there a law against this?"]

- No, there is no law against it, but you need to make it clear that this type of messaging is unwelcome and that you consider it harassment. If it's polite communication and you are answering him like it's normal, you likely won't be able to claim harassment successfully.

After you tell him to stop messaging you, if he still keeps doing it, you can file a T2 application for tenant rights.

You can request all communication to be done in writing, literally by snail mail, it's up to you.

Tenant Rights
LTB Interpretation Guideline 6:
http://www.sjto.gov.on.ca/documents/ltb/Interpretation%20Guidelines/06%20-%20Tenants%20Rights.html

T2 application form (to be filed with the LTB):
http://www.sjto.gov.on.ca/documents/ltb/Tenant%20Applications%20&%20Instructions/T2.pdf

T2 instructions:
http://www.sjto.gov.on.ca/documents/ltb/Tenant%20Applications%20&%20Instructions/T2_Instructions_20170116.pdf

***************

[Re: "I pay for my hot water tank rental. Yet it is not stated on my lease anywhere that I am responsible for my hot water tank rental. Which is literally over half of my gas bill. It should be specified on my lease if I am to cover this cost, no?"]

 - Yes, I think you are right. If it's not part of your original agreement, you shouldn't have to pay it. But you do add:

["It wasn't even mentioned to me till i got the keys to a different apartment, then I viewed and put my payment down on, that I was told I had to call the gas company. And boy was that not fun."]

- So this is where I'm not sure. It's possible that you have some implied or verbal agreement re: hot water tank. But I think for things like utilities, it would be too easy for you to dispute that you had such an agreement. And the written lease doesn't state that you pay for hot water tank rental. So my understanding that you don't have to.

Contra proferentem doctrine would also work in your favour, because any ambiguity in the contract is to be interpreted against the offeror or the draftsman (in this case, against the landlord).

And the fact that that utility is not listed on the lease probably means that it's on the landlord.

**************

Re: maintenance and repairs issues, please file a T6 application with the LTB.
It would be great if you could get some legal counsel for this and for your T2 application, as well.

Breach of Maintenance Obligations
LTB Interpretation Guideline 5:
http://www.sjto.gov.on.ca/documents/ltb/Interpretation%20Guidelines/05%20-%20Breach%20of%20Maintenance%20Obligations.html

LTB Brochure: Maintenance and Repairs:
http://www.sjto.gov.on.ca/documents/ltb/Brochures/Maintenance%20and%20Repairs%20(EN).pdf

T6 application form:
http://www.sjto.gov.on.ca/documents/ltb/Tenant%20Applications%20&%20Instructions/T6.pdf

T6 instructions:
http://www.sjto.gov.on.ca/documents/ltb/Tenant%20Applications%20&%20Instructions/T6_Instructions_20170116.pdf

T6 Tip Sheet by ACTO:
http://www.acto.ca/~actoca/assets/files/docs/TipSheet_T6ApplicationAboutMaintenance_0107.pdf

What can I do if my landlord does not do repairs or respect my legal rights?
https://www.acto.ca/production/wp-content/uploads/2018/02/8-Tip-Sheet-WattodoifLLdoesntdorepairsORrights_ENG_Jan2018.pdf