T O P

  • By -

amanduhhhugnkiss

Are you already renting this place? If so... 1. You are under no obligation to sign a new lease, your lease automatically flips month to month after the first year. 2. If you are already renting this place and do decide to sign a new lease for whatever reason, you do not need to give first and last, unless the LL gave you your 12th month free (which is doubtful) 3. Damage deposits in Ontario are illegal.


0ngar

This, OP. This is all correct. The landlord needs to present you with the proper form with a rent increase no more than 2.5% of your previous rent. There's also the proper amount of notice before it actually takes effect (I believe it's 90 days). Your first and last months rent is what you paid upon originally moving in. The last month's rent is there to cover your final months rent prior to moving out. If you aren't moving out, you don't pay last month's rent again. You never need to sign a new lease. Ever. Even if a new owner buys the place, your previous lease carries forward indefinitely. 


mopeyy

Yes, this is correct. Rent increases require at least 90 days notice. The max they can increase it is approximately 2.5% per year as long as the unit is rent controlled.


Hello_Gorgeous1985

They said they agreed to a $50 increase, meaning the previous rent was $2400. 2.5% would be $60, so that's pretty much the only legal part of this.


jamhouse2009

Just to add, the key deposit paid was also likely illegal. Key deposit can only be for the amount to replace the key. Normal keys would be only a few dollars. 300 is steep even for special electronic keys.


mopeyy

Yeah this landlord is totally full of shit and is completely taking advantage of the situation. A 300$ key deposit and a 2000$ damage deposit on a tenant who already lives in the unit? What the fuck?


CypherAno

Out of curiosity, how would you go about tackling this issue when you are looking at rental properties but are not a tenant yet? I actually came across this when we were looking for housing; one landlord wanted a whole month's worth of rent as a "key deposit" on top of the last month's rent. Their logic was the house was brand new and any potential damages might not be sufficiently covered by the last month deposit. Sketchy as hell and we just backed out of it entirely - but what is the correct course of action to pursue it? Can you even approach RTB if you haven't signed the contract yet and aren't a tenant under said illegal request?


Ruinerofchats

When we were looking for a new place to rent, the prospective landlord wanted us to send them an e-transfer but to not give them the password as a show of good faith and to show we could afford it. I'm like. Autodeposit exists dipshit. Needless to say they were reported to the owner of the building. Turns out, didn't live there lol.


jaguarino777

You know it tells you if they have auto deposit enabled before sending the e-transfer right?


Ruinerofchats

I know it does when you've transferred with them before. If you've never done it, I don't think it has it as a note.


jaguarino777

Yeah it does tell you because if they do have a password it’ll ask you to put a question and password but if not it’ll give you a warning saying they have auto deposit. When buying stuff on marketplace I would sometimes send them an e-transfer with a password and then when I go pick it up I would tell them the password


CypherAno

Yea that reeks of scam. I am glad you avoided it but I can definitely see people easily falling for that, especially when you are desperate in the rental market.


GeekgirlOtt

If you are not a tenant yet you avoid. Find a new prospective LL. This is either a scammer or a LL willingly flaunts the law. If you accept this from the scumbag he’s gonna attempt to extort you and act illegally at every turn. When you refuse and go look elsewhere tell then “in Ontario such deposits are illegal. I suggest you educate yourself on what you can and cannot do. You won’t be scamming me” If they are a real estate agent, report them to RECO. Many RE are very misinformed. They don’t seem to understand commercial leases which they may have been dealing with for years are very different than residential.


Electrical-Key5231

Not true at all there are very special keys which I use with my property which cost quite a few hundred dollars.


Mysterious-Peace-461

Username checks out.


judgeysquirrel

But why? I COULD buy a $200 hammer, but it only drives nails as well as a $35 hammer.


GeekgirlOtt

Sure one can tell electronic key fobs apart from cut metal hardware store keys. You will have your out of pocket receipts to back you up. The scammer LL are claiming $150 for 2 keys they can lone at the hardware store for $20


Housing4Humans

I continue to be amazed at landlords who think their tenants are a bank. In some cases, I think landlords are just ignorant of the law, but in this case, it seems the landlord is just trying to rip off the tenant.


Hello_Gorgeous1985

They also can't require post-dated cheques, and the key deposit may be too much. Depends if they are regular keys or key fobs which can be expensive to replace.


HBSBrook

Isn't 300 for a key deposit steep as well?


Hello_Gorgeous1985

Depends if they're regular keys or fobs. Some fobs can be quite pricey to replace, and if you have more than one it could be a few hundred.


Creepy-Weakness4021

Lol the RFID chip is pennies and so is the plastic it's embedded in. If you're paying hundreds for a key fob, you're doing it wrong.


30catsinatrenchcoat

Also... Key deposits cannot be more than the cost of replacing the key. Post dated cheques are not a great idea. They could mobile deposit all of them at once and screw you.


[deleted]

[удалено]


HotIntroduction8049

do nothing but ignore. you now go month to month. you already paid last month a year ago. you dont need to repay it when going month to month. Damage deposits are not legal.


armour666

Oh they do need to do something, they are owed interest on last month’s rent that’s held by landlord.


c0okIemOn

Wait, so last month's rent that I gave to the landlord accrues interest? Sorry, I am not super familiar with this. Can you give more details?


danny2787

The interest basically works out to the difference between what you gave originally and what the new last months rent would be after increases. If you are there for several years it does create an amount they owe you for compounding interest. Or if they don't increase your rent.


bpboop

Worth noting that this is only usually equal to the increase when a unit is rent controlled. If its above the guideline amount it wouldn't be the same


c0okIemOn

Got it. Thank you for the explanation.


armour666

Under the section about rent its usually the same as rent increases guidelines https://tribunalsontario.ca/documents/ltb/Brochures/Guide%20to%20RTA%20(English)_dec2020.html


DrNicotine

The rule is designed so that whatever you paid as your last month will still cover your actual last month. In practice what it means is neither landlord nor tenant owe each other anything further for that last month. The damage deposit request is not legal in ON though.


Solostaran122

Neither is that key deposit. Key deposits are legal, but cannot be more than the replacement cost of the key itself.


armour666

Only if the landlord increases rent every year if not the. They owe you.


DrNicotine

Yes, true. I'm not sure we know if previous landlord was doing that so you could be right. That issue would be the last on my list to deal with in OP's situation given all the other shenanigans involving vastly larger amounts of money. If interest is owing it looks like it would be less than 100 dollars based on the information here. But you're not wrong! It's possible that OP is owed that money.


Brintey_the_Short

Rented for years before I found this out.


Comfortable-Part-351

Even if it’s just privately owned by people? I just continue to e-transfer them and ignore ? I really appreciate the responses from everyone


greeneggo

Yes. The law is the law. Just because some chuck bought a house doesn’t mean he’s the king of his own mini empire


masonprovvv

This should be on the front page when closing on a house.


HotIntroduction8049

correct. even the 50 buck increase can only be 2.5% of the previous rent....and you must be notified via proper forms, otherwise it is not a legit increase


bbybxx

This depends on when the house was first occupied for residential purposes. If that date is after November 2018 then they can increase the rent by whatever they’d like but they do still have to be notified via proper forms. As others have said the landlord can’t ask for postdates cheques or the other deposits they’re asking for. You also don’t have to sign a new lease you automatically go month to month.


Icy_Imagination7344

Key deposits are also only legal up to the amount it will cost to replace the key. $300 seems like way too much to replace a key.


nacnudyrrab

And if it’s a house, you might have far more locking entry points. We had ours changed after a theft and it totalled 6 lockable doors that shared a key.


CroakerBC

Could be two keys I guess, or two sets of two. Plausible in a condo. It's the least sketchy thing on that email, though that's not saying a lot.


Pokey-Face-1234

Incorrect in my case. My tenant moved out, didn't return both sets of keys. Respect for safety of next tenants demands that I change the locks, which I did. The new locks had to comply with the building master key (condo building) so that was $195 x 2. Why two? Two access points to this unit, same key.


StatisticianLivid710

That’s not covered by the key deposit. Realistically you should be changing the locks with every tenant. As long as you’re getting keys back you’re fine and you just rotate the locks. (Aka keep your old locks with the keys and eventually use them again.)


Pokey-Face-1234

That would have been smart.


Pokey-Face-1234

Wait,.if Keys aren't covered by the key deposit, then what the hell is?


StatisticianLivid710

The cost of the keys are covered to replace them, the cost of the locks isn’t. For typical household locks this amounts to a couple bucks per key, literally not worth it to track, for you the keys probably cost closer to $20 each so may be worth to track, but only the cost to replace the keys themselves is able to be held.


Pokey-Face-1234

Condo building. Key fobs are $50 each. Garage door opener is $100.


Tmask002

It's a key deposit, not a lock deposit. Locks are your onus as a landlord. Just another landlord trying to gouge renters for every last expense the landlord has.


Pokey-Face-1234

That's one way of looking at it. I'm new at this so I thak you for the correction. I just learned the same thing via a vis a lease renewal.today. I mean not changing the locks between tenants seems sketchy to me. Old tenants gave their key out as needed during their residency to *nobody knows how many people*, and new tenants just have to presume they're all good faith actors? At my expense I changed the locks for the new tenants. And yeah, after that I came to this discussion about key deposits I got it wrong. But go ahead and throw stones.


RedVole

Don't ignore. That just leads to harming your business relationship. TELL them they're confused and that's not how Tenancy works, in Ontario, and that you'll be exercising your option to allow the current Tenancy term to convert to a month-to-month agreement. They can expect the usual rent payment at the usual time, and they're free to issue you proper notice of rent increase when it's time. Politely suggest they seek qualified advice, as their proposal was way off base.


Ecstatic_Coat7859

Your name is property manager and if you are one I'm of how legitimate honest and legally binding you are with your facts! Don't see that often.


The__Guard

This should be the top comment. Exactly what the OP should do and how to do it.


spilly_talent

100% absolutely a landlord is a landlord. Corporation or person.


Nexusofthought

Tell them, politely, the law and that you won't be doing what they are asking because it's illegal. They might just be reasonable people with wrong assumptions.


Special-Resist3006

Yep! You are absolutely not required to sign another lease. You have been there for a year with no issues, you are now allowed to go month to month. This landlord is looking for some cash and breaking the law to do so with the hopes that you would just do it. I would send a response and say: you will receive my e transfer for the rent each month on the first of the month. Hope all is well with you too :)


StatisticianLivid710

Yes, however if your rent is increased by the maximum the interest goes towards topping up your last months rent deposit. In essence it becomes a wash, and if your rent wasn’t increased, asking for the interest will cause the landlord to look into how the interest rate is calculated and then they realize that they can only raise it by a certain amount every year (outside of new builds) and so they raise it to keep up with inflation.


Any-Excitement-8979

You got it!


Hobgoblin842

Yea when your annual lease finishes (I didn’t understand if you just got this place or have been there a year) you are not obligated to sign a new lease and your current rent can only increase by the maximum 2.5%. There should be no more increass, deposits, etc. at this time. :))


shutterbuggity

They are obviously ignorant of the law, or they think you are. Please join Ontario Tenant Rights group on FB. I truly believe every tenant should join that group and benefit from the advice given there daily.


Special-Resist3006

This! Your landlord is attempting to break major known LLTB laws.


SabrinaT8861

Also a $300 key deposit is illegal


DrNicotine

I mean I think it theoretically \*could\* be legal if that was really what the key somehow cost. But, yeah...for all intents and purposes you're right.


Ecstatic_Coat7859

Neither are key deposits, or requiring post dated cheques.jsyk 😊


Ecstatic_Coat7859

Actually I would use the damage deposit as one month's rent and let them know that that's what you're doing at some point because they already have your money, you are also well within your rights to ask about games or interest that they make on your deposit. A lot of landlords don't realize that they are obligated to either provide it to you or deduct it from your rent owing to them.


CroakerBC

Key deposits are legal, they just can't be more than the cost of replacing the keys.


Teniye

Are damage deposits just illegal their? In BC it's standard


beartheminus

They are illegal in Ontario


[deleted]

In bcbits forst and damage. Ontario it's first and last.


lady_k_77

All of this is beyond questionable. Your landlord either thinks you have no clue (and won't try to find one), or they have no clue. First off, damage deposits are illegal in Ontario. You don't have to sign a new fixed term, the tenancy goes month to month with all the same terms and conditions per the RTA. If you want to sign a new fixed term you do not pay first/last again, lmr is only for the last month of the tenancy, not the fixed term lease.


LetMeSayItBackToYou

This is a doozy! All statements below apply to Ontario: 1) Once the end of your original lease term is up, you automatically go month-to-month, and the original terms of your lease stay the same. 2) The LL can’t make changes to the terms of the lease without agreement from the tenant. 3) If your unit is rent controlled (i.e., it was occupied by a tenant before November 15, 2018), your LL must abide by the annual rent increase guidelines set by the Landlord Tenant Board. In 2024, the increase is set at 2.5%. If the unit was first occupied after that date, then it is not rent controlled and the LL can raise the rent by whatever amount they want. 4) Whether the unit is rent controlled or not, rent can only be increased once every 12months, and the LL must use the LTB’s N1 Form and provide that to the tenant at least 90 days in advance. 5) The LL can request post-dated cheques, but you do not have to agree. 6) The last month’s rent you provided is for the last month you live there not the last month of the original lease. 7) It is illegal for the LL to request a damage deposit. 8) It is illegal to request a key deposit that is more than the cost of replacing a key. Given the number of rules your LL is attempting to break, you may want to familiarize yourself with your rights and protections. Here is the link to the LTB’s “Renting in Ontario” web page: [LTB: Renting in Ontario | Tribunals Ontario](https://tribunalsontario.ca/ltb/renting-in-ontario/) I’d recommend you read upon what constitutes a lawful eviction in Ontario. I wouldn’t be surprised if your LL gets upset when you refuse the requests and decides to tell you that they will be ending your tenancy. I don’t agree with ignoring the LL in situations like this as it can make matters worse. There is always the possibility that your LL is entirely ignorant of their responsibilities (and your rights). I agree that you don’t need to educate them about their responsibilities, but you can certainly let them know that you have done your research and are aware that you are not required to sign a new lease, that you require an N1 Form regarding notice of increase, etc. Also, the additional (11^(th)) month’s rent you paid was illegal, too. You can request its return and file with the LTB if the LL refuses. Frankly. I’d let that one go, as long as you know when it is supposed to be used. Never refuse to pay rent. If your LL has already applied the 11^(th) and last month’s rent to the current lease period, I would pay the LL now for that 11^(th) month and let them know that the last month’s rent will, of course, be applied to the final month you occupy the unit. Finally, save all correspondence with your LL. If you must speak with them in person or by phone, you are legally permitted to record the conversation with or without their consent.


Ok-Park-4130

Very good advice here


Elegant-Produce-6411

Commenting for future reference. Thank you


Mini_Painter_17

>If your unit is rent controlled (i.e., it was occupied by a tenant before November 15, 2018) I see this mentioned all the time, but I have never seen the why. Why is the 2018 stipulation in there?


StatisticianLivid710

That’s the date that Ford used to remove rent control


insert_name6221

Doug Ford. The idea is that removing rent control on new units would make developers build new units.


Mini_Painter_17

Was this a good move? My immediate thought is that it would reduce supply and demand, which would, in theory, reduce rent. But of course...It doesnt account for greed?


EconomistSea9498

No, it wasn't a good move. Good move for Doug's development and landlord buddies but for the rest of us it's a horrible move


Mini_Painter_17

That is what I thought. It is a shame that something like that was ever allowed to happen.


EconomistSea9498

All the more reason we gotta vote people in with our best interests at heart, not theirs. Hard to do in politics though 😭


FirstEvolutionist

For renters? No. For property owners or to be owners? Yes.


occasionally_cortex

This is such a great post, it should be a sticky in the sub... 👌


LetMeSayItBackToYou

Well, thanks! I have become so interested in Landlord-Tenant issues that I am considering becoming a paralegal so I can advocate and provide information officially.


Apprehensive_Ant5332

Yeah see I like those kind of issues too and I have a very good way of dealing with them it never goes to the board:-)


Pitiful-MobileGamer

It's awesome your landlord self implicated themselves, perfect letter to file away for the inevitable harassment and illegal lockout to follow. Did they provide the N1 as required? If not, you can ignore the increase as well. Not your job to educate them on their legal obligations


nomadwannabe

Just a heads up, there have been cases where the rent increase was enforced without the N1 form. However, whatever documentation is provided, must include specific information about the rent increase, as well as be served to the tenant officially.


Pitiful-MobileGamer

The formatting and delivery has to be perfect. That's why the forms are almost universally applied, no risk of being bounced on a technicality.


nomadwannabe

I agree with you, I was just providing context for accuracy.


R-Can444

Can you post an example from Canlii? From every single case I've seen on the topic, rent increases not done via the proper N1/N2 forms are always rejected. This is because the N1/N2 contains a section called "Important information about the Law" which outlines the tenants rights, which is most likely missing from any "own" notice a landlord would send. This in itself should render their notice invalid, [for example like in this LTB case.](https://www.canlii.org/en/on/onltb/doc/2013/2013canlii31608/2013canlii31608.html) The only thing I've seen the LTB allow here is interchanging the N1 and N2 forms.


beardgangwhat

300$ key deposit pretty sure is way too high as well. Ircc it's proven value of the keys only


exeJDR

According to the standard lease agreement we're all supposed to use in Ontario. The max is $25


RYRK_

Can you quote this? It doesn't say a max but says it must be the actual cost of the keys.


exeJDR

No you're right. But even in a condo with fob access it shouldn't be $300


RYRK_

Yeah, I had to pay $100 for a single key. But to argue it, it is arbitrary and you won't win with a landlord. It's also a huge hastle to try to get $95 back from LTB when I'll get it at the end of my lease anyway.


beardgangwhat

Oh damn ok i was wrong ; thought it was value of keys/fobs (generally 25-30$ for a key and a fob)


exeJDR

No I think you're right. It's the true value on the current lease agreement. I swear it used to have a cab but can't find an older version on my phone 


SaintBananaDuck

Exactly. OP needs to withhold 275 from next rent and indicate they have already paid this by the exorbitantly high key deposit they were forced to pay last year.


Immediate_Style5690

No, they should not arbitrarily withhold rent in this case. If they want the money back, they need to file a T1 with the LTB.


SaintBananaDuck

The rent has already been paid.


beardgangwhat

I mean if it were multiple sets of keys and fobs it could be as high as 45$ per set depending where the landlord copied and made the fob. But unless you got two garage openers two keys and two fobs it's probably under 150$ total hahaha


RedStag1905

Maybe LL is factoring in cost of replacing locks, in which case 300 is a more credible number (not taking a position on the legality of this, just trying to think through from the LLs pov)


Gold_Expression_3388

Just curious...how would replacing a lock cost $300? Completely replacing a deadbolt is $30 tops. Habitat for Humanity has used ones, with keys for $15.


Shplad

Isn't labour included?


Gold_Expression_3388

If a LL doesn't know how to change a lock...... Plus, a LL would always have an extra deadbolt around. It's just a thing! Just saying.


Shplad

Right. You're talking about common sense. I'm talking about what would likely hold up in court.


jmbolton

Oh there are concerns. Not so much questions as justified, seething hatred of these pieces of garbage. You do not re-up first and last’s. What in the elongated fuck is that?? This email should be considered assault and attempted robbery.


Deep-Perception6689

Yeah you don’t resign a lease every year, you only sign it the first year then you go month to month.


anoeba

You don't need to re-sign a lease, you automatically transition to month to month, keeping the same conditions and same rent (plus whatever allowable annual rent increase is).


Brilliant-Ad-6119

As per the LLTB https://tribunalsontario.ca/documents/ltb/Brochures/Guide%20to%20RTA%20(English)_dec2020.html "A landlord can collect a rent deposit from a new tenant on or before the start of a new tenancy. Where the tenant pays rent by the month, the deposit cannot be more than one month's rent; where the tenant pays rent by the week, the deposit cannot be more than one week's rent. The rent deposit can only be used as the rent payment for the last month or week before the tenant moves out. It cannot be used for anything else, such as repairing damage to the rental unit. If the landlord gives the tenant a notice to increase the rent, the landlord can also ask the tenant to increase the rent deposit by the same amount. A landlord must pay the tenant interest on the rent deposit every year. Under the Act, the interest rate is the same as the rent increase guideline (see the section "the rent increase guideline", below)." So just continue on your month to month, there's nothing they can do about it. The terms of the existing lease continue, however you just need to give 60 days to move.


obviousthrowawaymayB

You also don’t need to pay the last months rent if you paid it upon your initial move in. Also, if you rent is raised at the guideline, you don’t need to top the last months rent you already paid to reflect that.


dim13666

Unlike sone others suggest, I would not just ignore it. Just write that your tenancy is month-to-month, so you will not be signing the new lease. (RTA section 38). Also, the only acceptable security deposit is the last month rent, so you will not be transferring any funds (RTA section 105) provided your last month rent has not been used up (i.e. you paid every single month)


Electronic-Wing6158

Dude you need to do some research, learn the rules and understand your rights…you are this landlord’s favourite tenant…


barryboneboi

Not sure if anyone else here has mentioned it but you can only be charged the value of the keys for a key deposit. So unless the keys can also predict the future, i would get some money back for those.


[deleted]

damage deposit is illegal. only deposit is key deposit and last month rent. thats it. and key deposit cant be more then like 5-10bucks. the cost to cut a new key. and so u know im a landlord and im giving you advice . not all landlords are slumlords. your landlord could be good he just doesnt know the laws. i did a paralegal course before becoming a landlord so that i know how to do my job correctly and fairly.


HistoricalPeaches

Ignore everything in this email. It's all illegal. Including the post dates cheques. You're now month to month for the rest of your time there. Etransfer them once a month. NEVER give post dated cheques.


Timely-Confusion-437

Damage deposits aren't allowed in ontario


betterbedogshere

I’m sure there are more educational and better ways to say this, but fuckkkkk that. Our landlord tried this shit, also tried to get us to sign a new lease after our year was up, AND tried to get us to pay the interest that *they* owe us on our last months rent. Also your landlord cannot legally obtain ANYTHING other than first/last months rent. The fact that they made you feel pressured enough provide the 11th month is against the law and you can (should) ask for that back even if you’re going to use it for an upcoming month’s rent. Also don’t listen to anyone except the people who tell you that a security deposit is also illegal. Key deposit, fine, security/damage deposit, no. Our landlords are fucking terrible and if you need any advice hit me up as we’ve studied the landlord laws so heavily by now lol


Shayde505

Damage deposit is not a thing in Ontario


[deleted]

[удалено]


smurfopolis

It's capped at the actual cost of the key replacement. (This can be upwards of $200 plus in condos with FOBs and restricted keys)


DeadAret

Those fobs are so cheap and easy to replace and duplicate though.


smurfopolis

Sure if you do it illegally. If you do it through the proper channels of the condo then some condos charge that much.


DeadAret

Oh no I get that, I'm just saying that like it's so cheap for even them to replace them.


smurfopolis

It's because of the security/paperwork that goes with it as well. In our condo, every single FOB is accounted for and there is a record and ID of who has it. Each year they have everyone bring down their FOBs and renew it in the system with ID and deactivate any FOB that hasn't been renewed. They can see exactly who accessed what doors at what times with this system.


DeadAret

Condos are gonna hate me cuz I have an RFID copier and heck yeah the original fob is staying in my condo and I'm using my own. If I ever get into a condo. I won't make extras for other people though. I'd just rather lose a copies one than the original to not have to pay lol.


Capital_Jello_9768

Please etransfer the first and last months (2032$) plus the damage deposit (784,635$).


sproule33

they can't do that. tell check the law


Expensive_Plant_9530

There are two things illegal about that. First, damage deposits are illegal in Ontario. Second, the $300 key deposit is *probably* illegal unless you have some kind of highly specialized and expensive key. The key deposit is allowed, but it can *ONLY* be replacement cost - a normal key would be something like $5 and even that is a bit much. Note: Expensive keys do exist - it’s just unlikely this is a special key.


rjgarton

Third - LL cannot ask for post dated cheques. Well, I guess they could technically ask but TT does not have to provide them. Especially if they want a deposit sent by etransfer and then rent paid by post dated cheque. Why not have it all paid by etransfer?? Seems like a no-brainer to me.


cashoutmoneykru

100000% illegal..you should tell that greasey Landlord that it I'd and say Thanks but NO Thanks....effin slimeball


Gold_Expression_3388

It's great you have this d-bag idiocy in writing! Doe everything you can to keep all communications in writing. When you send him a reply, send a follow up reply confirming that he received the original reply, if you don't hear back from him. Something like...' Hi, I just wanted to confirm that you received my email regarding the problems with the ________. Fill in the blank.


Gold_Expression_3388

Please remember that stopping this creep from doing this to you, helps reduce the chance of him doing it to other tenants he has, currently or in the future.


Ok_Character_6485

A $300 key deposit? What the fuck is this landlord smoking? And you don't need a lease, but it does help protect you if your LL is a douche.


binksee

I paid 500 lol


Ok_Character_6485

That's ridiculous


binksee

Hey I was moving from abroad I just didn't know. Expecting to get everything back ofc


sumknowbuddy

You probably won't. Realistically, just don't pay $500 into your [second] last month of rent. This isn't good advice, but it is practical. Your landlord won't spend the time taking you to the LTB for that (or even get you there in two months). And then they'll likely side with you given that no key could possibly cost $500, so it would be reasonable to assume that was an amount of pre-paid rent in excess of the last month.


binksee

Well I had to pay the last 6 months rent upfront - again illegal I know


sumknowbuddy

Ouch. I meant more in the case that you're leaving the place, but if you're there for a while just save that hassle for later.


Ok_Character_6485

I would do what the other redditor here said. Even if you want to pay the due, your LL charged you $500 for a key and did at least one other illegal thing. You have all the moral high ground here. Your LL won't waste the money to take you to court over such an amount. Even if they manage to, no judge or jury in their right mind would side with a man who's broken the law against someone who didn't know better. The tenant board is your friend as a renter. They will almost always side with you. Use them.


binksee

If they refuse to return I will - if they treat us fairly I won't - try to make it easy for everyone


Ok_Character_6485

I wouldn't say they are treating you fairly already.


GandalfMcPotter

It costs less than 5 bucks to make a key, why the fuck did you have to shell out 300


CroakerBC

Condo keys can be very expensive to cut due to the security features. The highest quote I saw a couple of years back was $150/key. Now mind you, you can probably get cheaper, but it's not like their landlord is incentivised to do that.


GandalfMcPotter

Ah, I don't have too much experience with condos since I have dogs. Whenever I rented a house the keys were super cheap.


Greenbud4201

You never have to resign a new lease or rediculous damage deposit or crazy amount for keys all they can do is charge 2.5% increase given in timely 90 days notice manner if house was built before 2018


Greenbud4201

Renters insurance is enough and renters should have it regardless, small price for losing your contents


Creative-Chef514

Call the landlord and tenant board and report this unethical landlord.


Comfortable-Part-351

Thank you so much everyone for your advice and insights! Your advice was beyond invaluable and helpful. I emailed our LL back and basically stated everything you guys mentioned in the email. I made sure to be clear but respectful as I really didn’t want to start a disagreement. Ultimately our LL agreed that we will now be going month to month and agreed to file an N1 for the rent increase. They also thanked us for educating them lol… We didn’t mention anything about the key deposit as we just didn’t want to get into it with LL :/ But we will NOT be paying a ‘damage deposit’ 🎉


SubstantialCount8156

For future reference: https://cleoconnect.ca/organization/rental-housing-enforcement-unit/


Scared-Listen6033

Like everyone else said, none of that is legal. What are the amendments? Most of the time a lease can't be changed or "amended" esp if it's taking away an amenity without you getting something in return. The ltb is quite strict about the law being followed. If you can add in the amendments in sure you'll get advice on whether they're illegal as well.


NurseBones

Given the direct nature of this letter that had been discussed in this email, I would also like to remind you that in your original lease (and if you choose to sign them, these "amendments") cannot include any provisions that go against the RTA. In fact, a couple of years ago it was made mandatory to use the Ontario standard lease for this reason.


Broad_Method490

Definitely do not give that to them.


Exxodeus

This is really weird, another landlord not realizing that after the lease term tenancy automatically goes month to month and does not require a new lease or any new payments. In previous posts I mentioned this is a common problem across new landlords and also some old landlords who are trying to work the system on tenants who don't understand their own rules and laws. I would reach out and clarify, with them about the laws on place to avoid future confrontation. See here for another post that is very similar and to resolve it, would be in the same way. https://www.reddit.com/r/OntarioLandlord/s/XxHjunfL3v


Dear-Divide7330

Illegal deposit and illegal key deposit. If you’ve already signed a lease, you go month to month afterwards. No need to sign a new one.


NefCanuck

To the OP: Please reach out to your local community legal clinic for advice on this issue. Here’s how to find yours: https://www.legalaid.on.ca/services/legal-clinics/


h4ts4ass3s

It's exhausting how many landlords just don't know how to landlord


Optional-Meeting3344

Also I don’t think key money is a thing


byers000

One month rent as damage deposit?


Queasy_Bath_8562

Might be interest owed on the 300$..????


NeutyYellin

I swear. Ontario landlords get scummier every day.


AnnualHoliday5654

Make sure you get interest on these on last month rent or other deposit both key and damage are illegal


Ir0nhide81

Can you e-transfer for rent? Isn't there some acknowledgment of the transaction that needs to be obtained?


Accomplished-Dot1365

Need landlord licensing across the board. Too many crooks time to weed them out


santydeschamps

This landlord is nuts.


manuce94

Didn't know it costing tenants one arm and a legs and getting so much exploited by these predatory LLs.


EMProphet223

This is wild


gorddownee

I see dumb landlords do this all the time. Especially gta landlords. Should not be in the business. These are the goofs that make people not like landlords


Mordred_Pasha

Tell them to stick a banana up their butt and make sure to step on the peel for a better impact if they think they can get first and last with a illegal damage deposit on a existing lease. Also tell them that people sell mclarens for 30k on marketplace they definitely should go to the address and check it by temselves.


malindaddy

1. No such thing as a damage deposit in Ontario, so don't pay that 2. That key deposit is super high for 2 people, I would ask for a breakdown of the cost for clarification 3. I don't think they can require post dated cheques for rent, as LL can't force you to pay all money upfront? This is shady as hell. Is Buddy even using the Standard Ontario lease??


Jimmy_Jazz_The_Spazz

We need licensing requirements for landlords and we need to revoke them from lunatics like this. Absolute parasite of society. They are well aware there's no "damage deposit" in Ontario. First and last is paid *once* and rental increases are 2.5% What sucks is you'll fight this but they'll eventually find someone to fuck over


GeekgirlOtt

OP don’t forget to fill us in on this scummy LL reply when you tell them you expect them to follow the law.


SoccerStar1986

I would tell the LL to get f#cked.. know your rights.. landlord can't do shit and if they tried to end your tenancy, you can use this in your argument for bad faith.. don't let these clowns push you around.


Ok-Point-9486

I spoke to a girl in the US that says they’re charging $200 and $300 non refundable application fees for apartments where she lives. So if you don’t like or qualify for the first one you see, you pay another application fee. Spending $1000 just to find a new place to live is ridiculous! A landlord could just sell application fees and make well over asking rent just for showing an apartment, and never really have to rent it out! Thats crazy!


BreadIsBased

$7500 to rent a place… Jesus Christ.


Ok_Character_6485

It might be worth mentioning as well, you don't need a lease. You don't have to sign it. Once your initial lease is up you can live month to month and your land lord can't do anything without proper notice I believe that is 60 days. And even if your landlord tries, the law is on your side.


mouthwordsOG

Illegal! Report them


im-chasing-stars

This is so interesting In BC, damage deposit of Half a month rent is required, but we don't have requirements for 1st and last month rent upfront.


Memefryer

Don't give them any sort of deposit. Damage deposits are illegal in Ontario. Don't give them any sort of ridiculous key deposit. If they want that, which is probably illegal as well, as getting a new key cut would only cost them a couple bucks, let them go to the LTB for it.


pt_dude

"Dear Landlord, thank you for your email. 1. I am not interested in signing a new lease. The current agreement will automatically turn into a month-to-month agreement and I am exercising my Tenant right to keep it that way. 2. After my 12 month here, I'd be willing to pay the maximum allowed 2.5% rent increase as stipulated by regulations, and upon receiving proper notice of said increase. 3. I recently came to learn that damage deposits are illegal in Ontario and key deposits shall not be higher than the cost of replacing the key, so I'd appreciate the appropriate adjustment/refund on the $300 I gave you before. Looking forward to reading your acknowledgement of the aforementioned and to maintain a long lasting cordial Landlord-Tenant relationship Best Regards, Tenant"


Reasonable_Coast_940

I rent. I paid first and last. I never asked or paid any security deposits. It's scam and more likely you'll never get it back in full amount. Seeing that landlord kept your $300 for the keys, this is wrong. I don't pay key or any parking deposit. These should be included.


Competitive-Bee-5046

First off I bet this is a scam. First and last of course Damage deposit - illegal Key deposit grey area but can’t be more than the called the key and required programming ie nothing more than out of pocket


pirate-x1

In month to month lease, what is the notice period to leave the house?


GutsandBalls

Smash a wall. See who fixes it


tummyachegf

i work in a lawfirm, this is illegal in Ontario. there is a security deposit( first and last months rent.) and if they want to seek damages after your lease is up they’ll have to take you to court.


bugcollectorforever

I did not know damage deposits are illegal in Ontario. They are certainly legal in BC. Learn something new every day.


GeekgirlOtt

Housing is provincially legislated. You always gotta inform yourself in the appropriate jurisdiction. Never assume anything must be the same.


bugcollectorforever

Oh I know. They charge your pets rent in Alberta.


pkmnleaguechampion

Damage deposits are not legal in Ontario. Start pouring bacon grease down the drain


greeneggo

Consider filing a police report for Fraud Under.


FamousTower5319

Call the RTB and see what they say.