Landlord/tenant rights, dealing with problems, where to get help...
Eviction notice to be served for having aquariums
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jesman1 Posts: 1
Posted On: 11/20/2019
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I'll lay out the facts here on what's happened. Hopefully someone can help me understand whether this is being done correctly.
I've been living in an apartment complex in St. Catharines Ontario coming on three years in December. New landlords took over the building at the beginning of this year. Recently I received a notice that a standard inspection of my unit was to take place. The superintendent noted when he was here that it was to locate appliances taking up extra electricity. He let me know that the new landlord wants to reduce electricity consumption costs in units where electricity was originally part of the lease, and that my two fish tanks were in his report.
I received a notice a few days later that if I do not remove my aquariums within seven days, they would serve me with an N5 notice to evict, on the grounds that they consider the aquariums additional appliances, and as per my lease I may not have additional appliances in my apartment without the written consent of the land lord.
Seven days is not much time to remove a fish tank as I'd have to locate a new home for the fish or choose to euthanize them to remove the aquariums in time. Tomorrow is the deadline and I'm set on keeping these aquariums after doing my own research on the matter.
I've let the landlord know as such and he has told me that we will be proceeding to court.
My dispute is that the aquariums were here from the first day I moved in, and the original land lords did not dispute them. I had regular inspections under the original landlords superintendents and was never questioned about my aquariums. It is my understanding that a new land lord may not make changes to my tenancy, and that this should fall under that clause. Additionally, in relation to the hunt for high electricity usage, my two aquariums are estimated to use approximately $10 per month in hydro total. Is this something I should make known?
Any insight is appreciated. I'm currently looking for legal advice from official sources, but I'm hoping to collect as much information from as many resources on this as I can.
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Moderator Moderator Posts: 4142
Posted On: 11/22/2019
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Hello,
Thank you for sharing your situation and question with us. We can appreciate that you would be concerned about this situation.
We suggest you review our Settlement.Org article When can my landlord evict me?
Here is an excerpt:
A landlord can not evict you for these reasons:
- You have children, or your children are noisy.
- You have pets (unless it disturbs others).
- You ask for repairs.
- You join a tenant association.
A landlord cannot physically remove you from the home. He or she must file an application with the Landlord and Tenant Board first. In most cases, the Landlord and Tenant Board will hold a hearing, and if the board decides that you can be evicted, only the Sheriff can physically evict you.
You may want to contact the nearest Community Legal Clinic for some advice regarding your situation.
If you do not qualify to receive services from a Community Legal Clinic, please contact the Landlord and Tenant Board directly.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Theresa
Settlement.Org Team, Certified Community Resource Specialist (CCRS)
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