Definition of "casual guest"
Crystal
me. It's like a mini apartment.
Last weekend I had a friend drive in from Ottawa and stayed over night
for a few days. I notified my two roommates.
My super (who owns the house and lives in the main house) was a way
and she came back the day before my friend left.
In my "contract"....it is written, "Except for casual guests, no other
persons shall occupy the premises without written consent of the
landlord."
Okay I take this to mean a friend can stay over a night or two but
longer tell the landlord.
Oh no my super says its meaning is "no one can stay over night without
written consent and then she will charge me %15 of my rent per night"
Is this legal? Am I an idiot for not knowing what "casual" means?
B
that's really quite unreasonable to want to surcharge you for visitors (not
talking about your semi-live in significant other or the drunken buddies who
never go home)
Crystal <yourfin...@yahoo.ca> wrote in message
news:3ac2eeda.03101...@posting.google.com...
Marco Anglesio
> In my "contract"....it is written, "Except for casual guests, no other
> persons shall occupy the premises without written consent of the
> landlord."
Hmm. I'd say that the super is trying to boss you around; that kind of
provision appears to be a prohibition against sublessors, not against
visitors. The extra charge is not in the lease, by the way, so I wouldn't
pay it, and I suspect that the super is trying to generate some extra
cash on your back. That said, I am not a lawyer. But if the super/landlord
tries to collect, ever, I suggest that you get one.
Vacancy rates are at a ten-year low right now. Perhaps it's time to find
another place, as another poster suggested?
Regards,
Marco
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> http://www.the-wire.com/~mpa | --Louis Pasteur <
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Crystal
started on her stupidity.
It's a pain in the butt to look but for my own sanity I think I will.
I wanted to wait until after the winter. I just moved here from Ottawa
in September. So I can anticipate problems escalating.
Thank you both for your thoughts!
Crystal
O0000Mitch0000o
>My super (who owns the house and lives in the main house).
From your own words, the Super being the landlord and living in the house makes
your rental not covered by the Tenants protection Act.
What it means is that you and your landlord cannot use the Ontario rental
tribunal to settle disputes. You must then both abide by the terms of the
rental contract you signed. In case of major disagrement or violations you can
be evicted, or you may decide to leave on short notice .
>Oh no my super says its meaning is "no one can stay over night without
>written consent and then she will charge me %15 of my rent per night"
she can do it only if it's mentioned in the contract.
>Is this legal? Am I an idiot for not knowing what "casual" means?
>
Again your rental agreement is not enforceable by the tenant protection act.
It's up to you and your landlord to work it out one way or the other.
A legal recourse even in small claims' court by either party would not be worth
the costs.
sales...@globaltelecom.ca
ARE SHARING THE KITCHEN/BATHROOM WITH THE LANDLORD.
IF YOU AREN'T THEN THE TPA APPLIES OR THAN THAT YOU ARE ON YOUR OWN.
"O0000Mitch0000o" <o0000mi...@aol.com> wrote in message
news:20031017205919...@mb-m01.aol.com...
O0000Mitch0000o
>ARE SHARING THE KITCHEN/BATHROOM WITH THE LANDLORD.
Relax!...
Since they rent only rooms. it implies that the kitchen./bath can be claimed as
shared facilities, therefore we are saying the same thing except that I did not
feel like shouting it in upper case letters.
Crystal
separate entrance. There's nothing indicating I cannot have friends
stay the night. She has violated all her "rules" by coming here all
the time with no written notice as she wrote in her "contract".
I haven't violated anything. It is impossible for me to come to an
agreement with this lady. I tried to explain to her that the word
"casual" has lots of meaning and she just can't make one up to suit
her needs. As she is not a native english speaker she doesn't listen
to this... it is her meaning that goes. I don't want to argue. I want
to be comfortable.
<sales...@globaltelecom.ca> wrote in message news:<0W9kb.177784$ko%.118133@news04.bloor.is.net.cable.rogers.com>...
notes.d
apply? what applies then?
Marco Anglesio
> so because the landlord lives in the same place the tenant protection act does not
> apply? what applies then?
If the landlord lives in the same unit, not the same building, the TPA
doesn't apply, presumably because you're sharing space rather than having
space of your own. If you're renting a basement apartment with no shared
space and a separate entrance, for example, you're still a tenant and the
TPA applies.
The TPA is also superseded by provisions of the Condominium Act if you're
renting a condo - for example, under the TPA, you can't be evicted for
having a pet, but under the Condominium Act, your landlord is forced to
abide by the bylaws of the condominium corporation, and if they exclude
pets, you're gone.
IANAL, of course. If push comes to shove, don't post to Usenet; get a
lawyer.
Regards,
Marco
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notes.d
Marco Anglesio
Google to find other Acts, and the Condominium Act is available at:
http://192.75.156.68/DBLaws/Statutes/English/98c19_e.htm
The relevant sections are 56-59 (corporation's right to issue bylaws) and
17(3) (ensuring compliance).
As for the bylaws of your or any particular condominium, that I can't help
you with. Contact their business office; you should have received a copy
of the bylaws when you assumed your lease under 83 (1) (c). (No, I didn't
get one when I rented a condo, either.)
Regards,
Marco
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> Marco Anglesio | After the game, <
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> http://www.the-wire.com/~mpa | go in the same box. <
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notes.d
Marco Anglesio
and this particular case, best to talk to your lawyer.
Marco
Tanya Quinn
> so assuming the landlord is a live-in landlord, is there a protection act at all? thanks :)
It would come down to civil law. When you rented the place from the
live-in landlord you entered into a contract. If you got it in writing
its easier to enforce but a verbal contract is still a contract. If
the landlord changes the terms from the original contract, you could
sue him for breach of contract. You aren't going to get any
protections as far as being able to stay. So if you are forced to move
you might be able to sue him for moving expenses etc. Best to talk to
a lawyer though.
Tanya