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Bad Landlord

@speakeasy.net

[Serious] Landlord asking for payment

Hi there, I'm ending a tenancy of 2 years this month. The lease covers electricity, internet, cable, heating and has always been paid on time.

Today the landlord called asking for an air conditioning extra of $50 each month for the summer months to the beginning of me moving in so $300 that I just don't have. Can he do this, and if so why now and not last year.

NCRGuy

join:2008-03-03
Ottawa, ON
Reviews:
·TekSavvy DSL
said by Bad Landlord :

Hi there, I'm ending a tenancy of 2 years this month. The lease covers electricity, internet, cable, heating and has always been paid on time.

Today the landlord called asking for an air conditioning extra of $50 each month for the summer months to the beginning of me moving in so $300 that I just don't have. Can he do this, and if so why now and not last year.

Unless it is mentioned in your lease, no, he can't. Tell him to piss off.


mazhurg
Premium
join:2004-05-02
Brighton, ON
reply to Bad Landlord
Unless this was previously agreed to with the lease, you do not owe.


Bad Landlord

@speakeasy.net
reply to Bad Landlord
I missed out important details. The apartment is in Hamilton Ontario, and I'm posting from a VPN'd IP as I'm watching Netflix at the moment.


TOPDAWG
Premium
join:2005-04-27
Calgary, AB
kudos:3
reply to Bad Landlord
nope he can't do that. my landlord once tried that shit said he may ask $50 a month for running an AC. I just never said shit about having one and he never talked about it again. so nope he can't do that and it's illegal for him to try it.

cog_biz_user
i ruin threads apparently

join:2011-04-19
Hamilton, ON
reply to Bad Landlord
I would normally say take them to the landlord/tenant tribunal, but I lost my case with them about a run-down house that shouldn't have been rented out in the first place.


Bad Landlord

@speakeasy.net
reply to mazhurg
said by mazhurg:

Unless this was previously agreed to with the lease, you do not owe.

It is in the lease originally but was never acted or collected on until todays call.

It says window air conditioners can be installed for a charge of $50.00 per unit per month provided they are under 2 years old. Landlord is over monthly collecting cheques, never once mentions payment until now.


Juggernaut
Irreverent or irrelevant?
Premium
join:2006-09-05
Kelowna, BC
kudos:2
I would say, he has to prove you used it. That might be hard, and not worth it monetarily.
--
Better to have it and not need it, then need it and not have it.


mazhurg
Premium
join:2004-05-02
Brighton, ON
Reviews:
·MTS
reply to Bad Landlord
said by Bad Landlord :

said by mazhurg:

Unless this was previously agreed to with the lease, you do not owe.

It is in the lease originally but was never acted or collected on until todays call.

It says window air conditioners can be installed for a charge of $50.00 per unit per month provided they are under 2 years old. Landlord is over monthly collecting cheques, never once mentions payment until now.

If you agreed to this lease (i.e. signed it) (and as quoted by you), and the AC units are less than 2 years old, then yes you do own the money; notwithstanding that he did not collect this fee previously or whether you used the unit or not. In a matter of fact, he would be in the right to collect for every month that this condition applies.

Your obligation was to have this fee available.


DKS
Damn Kidney Stones
Premium,ExMod 2002
join:2001-03-22
Owen Sound, ON
kudos:2
reply to Bad Landlord
Contact your nearest Community Legal Clinic for the straight scoop.
--
Need-based health care not greed-based health care.


Bad Landlord

@ontario.net
reply to Bad Landlord
But where is the dates? No date is provided the Landlord has never collected nor mentioned in 2 years of monthly rental collection, how can he just suddenly claim owing?

NCRGuy

join:2008-03-03
Ottawa, ON
Reviews:
·TekSavvy DSL
said by Bad Landlord :

But where is the dates? No date is provided the Landlord has never collected nor mentioned in 2 years of monthly rental collection, how can he just suddenly claim owing?

If you owed it to him, you owe it him. It was incumbent on you to pay, not for him to collect. Now he's telling you what you owe.


shaner
Premium
join:2000-10-04
Calgary, AB
No, I seem to remember that you can't retroactively bill someone for something you didn't have due diligence in collecting.

Sure it may have been in the lease, but if the landlord was negligent at the time in collecting the $50 a month, then he can't come back and pull an "oh by the way..."

It is incumbent on the contract holder to attempt to collect the fees owed to him in a timely manner, not as an afterthought.
--
I'm a man, but I can change. If I have to. I guess.

»shaner38.blogspot.com/

NCRGuy

join:2008-03-03
Ottawa, ON
Reviews:
·TekSavvy DSL
said by shaner:

No, I seem to remember that you can't retroactively bill someone for something you didn't have due diligence in collecting.

Sure it may have been in the lease, but if the landlord was negligent at the time in collecting the $50 a month, then he can't come back and pull an "oh by the way..."

It is incumbent on the contract holder to attempt to collect the fees owed to him in a timely manner, not as an afterthought.

Even if that's true, he can still collect for this past summer. Although I'm not sure it is.

dragonfly5

join:2012-09-04
reply to Bad Landlord
I'd take it to the rental board. At least in Quebec we have the Regie de Logement for stuff like this.

DanteX

join:2010-09-09
kudos:1
reply to Bad Landlord
LOl Reminds me of what happend to my buddy him and his family movied into this place and for months on end the landlord who lived below in the basement suite was harassing him saying that my buddy owed him 1000 dollars for hydro. The best part was the landlord was trying to stick my buddy the new tenent with the hydro bill that got racked up when the previous tenant lived. there.


BigSensFan
Premium
join:2003-07-16
Whitby, ON
kudos:1
reply to Bad Landlord
So if they AC unit's are over two years old then you dont have to pay

If you signed it then you owe it (IMO).. the statute of limitations is 24 months in Ontario (he cant collect a debt that is over two years old if he has never tried before)
--
"The hardest thing about any political campaign is how to win without proving that you are unworthy of winning." ~ Adlai E. Stevenson

Sukunai
Premium
join:2008-05-07
kudos:1
Reviews:
·ELECTRONICBOX
reply to Bad Landlord
said by Bad Landlord :

Hi there, I'm ending a tenancy of 2 years this month. The lease covers electricity, internet, cable, heating and has always been paid on time.

Today the landlord called asking for an air conditioning extra of $50 each month for the summer months to the beginning of me moving in so $300 that I just don't have. Can he do this, and if so why now and not last year.

It sounds like he wants to be paid retroactively. I'd be inclined to say 'you should have asked in the beginning, and no I am not paying for something from the past'.

My landlord gets 30 a month for my two machines, not sure it was in the paperwork, but he's fair about it too. If the month was a really crazy hot weekend, and then fizzled and went cold and they were not run again that month, he declines to ask for it.

What I have always found odd though, is it is just AC in the summer. Why don't they consider the heating all through the winter as special? Not that I want them too. But dang, the heating is on 24/7 once the cold season arrives, and sure is a bigger hit than AC for 4 months on average.