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Landlord/tenant rights, dealing with problems, where to get help...

Parking charge dispute with Landlord 

jimmy
jimmy
Posts: 1


Posted On: 12/2/2020
jimmy
jimmy
Posts: 1
Hello Everyone,

Thank you in advance for reading and answering if you can.


I will brief my present dispute with the landlord with the timeline. It is an apartment building and I am a tenant for the last 3 years in North York.

(This is regarding the parking charge dispute with the landlord and I searched online with LTB but could not locate specific information. I tried to reach LTB over phone helpline but as of now they are not available on phone due to some unforeseen reason)

I was in need of underground parking for Feb and March 2019. (Two months)

They didn't allocate me parking due to nonavailability at that time and I managed on my own.

In April 2019 they charged me, 300 CAD, for parking charges from the month of March 2019 + last month's parking charge. (150 cad/month parking charge for underground parking)

I was not in need in April and they canceled my parking and return me charges. And they asked me to reapply if you need parking in the future.

In June 2019, I got a letter from the management office that please move your parking from the temporary space to the basement and they gave me a tag. Which I assumed that they sent by mistake. There was a renovation going on in the basement parking and everyone who had a parking spot in the basement was allotted temporary on-ground parking and

Since January 2020 I was using that tag with that parking spot.

During August 2020 they sent us forms to update the information to the landlord and I submitted all information to them including my parking spot no, insurance policy, etc.

Now they are asking me to pay 150 CAD per month from April 2019 till date and they increased my rent by 150 CAD from the current date. They threatened to drag me to court if will not pay that amount. (Approx 3000 Cad)

I never agreed to pay parking charges to them. And they issued me a parking tag. Do they have a right to charge me parking charges which I never agreed to.?

Also, they sent me a notice for a 3% rent increase to my rent (Which they considered as my rent + 150 Cad parking charges) from next year (March 2021) even if the government has frozen rent increase for next year due to Covid-19 situation.



Thanks once again

Regards

Vasav
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Moderator
Moderator
Moderator
Posts: 3700


Posted On: 12/10/2020
Moderator
Moderator
Moderator
Posts: 3700
Hi Vasav,

Thank you for reaching out and sharing your situation with us.

In this situation, it is best that you contact a Community Legal Clinic for some advice on the matter. You can find the nearest one by using this tool here. Steps to Justice also has a compiled list of programs and services about paying rent that may be helpful.


A rent increase guideline is the most a landlord can increase rent without applying to the Landlord and Tenant Board. According to the Steps to Justice guide to rent increases, the 2020 rent increase guideline is 2.2%.

If this is the case, here is an excerpt on the rules your landlord must follow:
To give you a guideline rent increase, your landlord must follow these rules:
12 months apart: After you move in, your landlord must wait at least 12 months before raising your rent. And any increases after that also must be at least 12 months apart.
90 days' written notice: Your landlord must give you a written notice at least 90 days before your rent goes up. This notice should be on one of the forms from the Landlord and Tenant Board. If your landlord does not use the Board's form, the notice could still be valid if it includes all the information that is on the Board's form.

For increases above the guideline, your landlord may take the following actions:
If your landlord applies for an above-guideline increase, the Board will schedule a hearing. Your landlord must give you a copy of the application and a Notice of Hearing at least 30 days before the hearing.
You and other tenants affected by the application have the right to challenge your landlord's application at the hearing. For example, you might be able to argue that the work done by your landlord was not needed or did not cost what your landlord says it did.
After hearing from you and your landlord, the Board will decide how much of a rent increase it will allow.




If your landlord makes this kind of application, try to get legal help. There is information about where to get legal help in the section Where to get help. You may also wish to contact 211 and speak to a Community Resource Navigator, they may be able to refer you to community services in your area.

211 Ontario is a free, confidential service. Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.



We hope this information is helpful. If you have any additional questions, please feel free to post them here.



Sincerely,

Your Settlement.Org Team
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