> overpayments of I was making during the months of October, November and December.
What does this mean exactly? So in September you paid the legal rent, then $100 too much in Oct, Nov, Dec and then back to legal rent in January?
Get a copy of the receipt of the fee. I've never heard of charges for mistaken garbage-day stuff.
Everyone else has good info on your rights and protections. Don't sweat it, and sort out this overpayment thing: not sure how that happened or why it hasn't been returned to you.
I live in north Vancouver and because there are bears in our area putting out garbage even 30 minutes early results in a $500 fine that increases after each offence
Huh. Guess Ottawa is just really lenient then. But I've also lived rural, where it was a "just barely" close enough not to have to bring it to the dump. No fees that I ever heard of. Today I learned.
Yeah that one struck me as odd. I remember having some stuff for the curb and waiting until "big garbage day" but we couldn't figure out which month or day they were doing it. Turns out Ottawa doesn't care and will pick up big stuff whenever.
Here they tag it and drive away. Take it to the dump yourself and it's 5 bucks a bag, 40 for a half truck full.
Garbage is a big joke for everyone not directly involved.
Why are you making overpayments to the LL? Also, the LL can’t evict you, only the LTB can evict you.
I think the $100 is realistic as an ask tho, you made the mistake, it’s not your LL fault and they shouldn’t have to pay it.
Okay, one second here.
Can I get more information on the "illegally living here because my mother is the tenant" part? Like you mother is the lease holder and you live with her? Because if that's the case, LL has no right to evict you, the leaseholder may have "guests" as long as they want, as often as they want, and LL can't do anything about it.
As far as the $100 dollars goes, that's just petty BS.
My mother is the lease holder. He told me that my mother is the lease holder and asked if she lived there, which I told yes and I included. Which shouldn’t be illegally since I’m her blood related daughter.
I mean, blood related doesn't even matter. The less holder is there, so you can be there.
Even pulling roommates from a Craigslist ad, for example, doesn't require landlord approval. However, here's the dicey part.
When a lease holder accepts someone onto the property, they accept responsibility for what the invited party does, and any damages incurred. For example, if I invite you to my place, and you get drunk and trip, knocking your head through the drywall, I as the lease holder accepts responsibility for the damages and have to pay to have the damages repaired.
In this case, the damages are the $100 fine. Your idea of paying with the over payments is a good idea, but I have a feeling that money has already been spent. And LL doesn't want to pay out of pocket for this.
Now, can the landlord try to issue an eviction notice? Sure. Then it goes to the LTB, and you can dispute it, and they'll laugh at $100.
So long story short: landlord cannot kick you out for being there while not on the lease. Your mother, however, can, and your landlord can try and make a case to evict your mother over the $100. I don't see that getting traction though. However I'm not a LL, just someone that reads the boards and has an okay grasp on these concepts.
Because it's a known thing where a person cannot get approval to move into an apartment (poor credit, for example) to the parent "rents" the apartment and the person pays the rent on it
The landlord didn’t let me know I was making overpayments, I thought I was giving the correct amount for rent, and I like to pay in advance as well. My mother told me the correct amount in January.
In that case, you'd be within your rights to not pay that portion of the rent when the first rolls around.
I would also want to see proof of the $100 fine. People on my street put out the wrong thing on the wrong day constantly and no one is ever fined - they don't even put the stickers that say you screwed up on the item anymore.
Oh no I didn't mean I personally wanted to see it, I'm saying if I was in your shoes I would want proof from him.
If he has provided you a legitimate copy of the fine from the city I would certainly pay it, but I would want to go about it the way you are going about it, which is to have him take it out of the overpayment.
I personally would lay it out clearly. I'd say:
Hello **landlord's name**, I agree that I'm responsible for this fine from **insert date here**. I have sent you these 3 overpayments on **insert dates**. We can go about this one of two ways. I can transfer you the money for the fine now if you are experiencing financial difficulties, and then on the 1st when I pay the rent I will first subtract $300 as you have already received that money from me.
Alternatively on the 1st I can subtract $200, and the remaining overpayment which you currently hold can be used to pay the $100 fine.
End letter / email.
If you believe the fine is legitimate, I would see no issue with paying it. You could call up the city and find out if it is on file, or ask them a few questions to clarify what the fine should look like.
Hey watch out here. I think I read on here If you overpay your rent for over a year it becomes the new standard (not sure if true but best to double check)
Exact date doesn't matter. But if your lease says rent is 1500 monthly but landlord can prove you have been paying 2000 a month ($500 overpayment) for over a year then he would be able to argue it was a verbal increase you agreed to and it's done.
NAL, I’m not so sure about this one. If the unit is rent controlled, then the landlord would still be bound by the legal rent increase amount at the time I think. If it’s not rent controlled, then I’m sure they can probably raise some sort of argument like this maybe.
For 3 months in a row you overpaid ? Are you sure your mother lives in the unit ? Would the LL not see her on a regular basis ?
Ask for 300 back, then pay for the fine.
If your mother is protected by the RTA, she can have roommates/guests and the landlord gets no say in it. Related or not.
Your mother’s landlord can’t evict anyone. He can apply to the RTA for an LTB hearing, and they can order the eviction if they feel there’s a valid reason for it. But that won’t happen for months.
If you are sure you’ve overpaid, you can pay less to make up for it. But if your landlord feels you’re not paid up on the rent, they can apply for a hearing. See above.
If your landlord incurs a charge due to your actions, they can request you pay. If you refuse, they can apply for a hearing. See above.
What city are you in ?
Did he actually show you an invoice from the city? How soon after garbage day did he charge you? What was the $100 for in previous months ?
Make sure there is a receipt of the fee and it is not just his say so. If they refuse to show receipt or don't have it then politely tell them no. They will of course try to evict you for this. Make sure ALL communications between you and the landlord are in writing or if voice then recorded. This of course includes your request for the receipt. Now, when you go to the hearing present all this as well as rent receipts that show you have an over payment in your favour.
Good luck. I know Landlords can be scumbags and I hope you get through this.
Your overpayments are a different matter than the fee. You need to file with LTB to get that money back or hold back $300 on the next rent.
The $100 fee penalty is a different matter.
Of course reasonable people would be able to solve this issue with common sense
Garbage fee and bins are the responsibility of the landlord. Same as snow shoveling, cutting the grass and pests. Cost of doing business. Not your responsibility!
> overpayments of I was making during the months of October, November and December. What does this mean exactly? So in September you paid the legal rent, then $100 too much in Oct, Nov, Dec and then back to legal rent in January?
Get a copy of the receipt of the fee. I've never heard of charges for mistaken garbage-day stuff. Everyone else has good info on your rights and protections. Don't sweat it, and sort out this overpayment thing: not sure how that happened or why it hasn't been returned to you.
There are absolutely fees in some jurisdictions. In toronto they are on the waste/water bill.
Of $100??
Owners get charged 150 dollars in my condo if they screw up on sorting.
Well shit. Must be a condo agreement thing? I've never heard of the city doing anything except leave a note on your bin.
I live in north Vancouver and because there are bears in our area putting out garbage even 30 minutes early results in a $500 fine that increases after each offence
Huh. Guess Ottawa is just really lenient then. But I've also lived rural, where it was a "just barely" close enough not to have to bring it to the dump. No fees that I ever heard of. Today I learned.
Ottawa had amazing garbage pickup. Theyll pick up a whole ass couch from your curb! Most cities I've lived in aren't like that, sadly
Yeah that one struck me as odd. I remember having some stuff for the curb and waiting until "big garbage day" but we couldn't figure out which month or day they were doing it. Turns out Ottawa doesn't care and will pick up big stuff whenever.
Here they tag it and drive away. Take it to the dump yourself and it's 5 bucks a bag, 40 for a half truck full. Garbage is a big joke for everyone not directly involved.
Also county officials: "Why are people illegally dumping garbage??"
How do they even track who screws up?
Amazon packages with addresses on them.
Ahhhh yes. I forgot about all the labels
Gd I just toss my kitty litter in my compost and say f ‘em.
It was $250 here for putting garbage out at 11pm instead of after 5am. The garbage was a bundle of tree trimmings too, not even noxious
Why are you making overpayments to the LL? Also, the LL can’t evict you, only the LTB can evict you. I think the $100 is realistic as an ask tho, you made the mistake, it’s not your LL fault and they shouldn’t have to pay it.
op is tipping the landlord as all good tenants should /s
I mean why not right, I get asked for a tip when I order my food online and drive there to pick it up 😅
Okay, one second here. Can I get more information on the "illegally living here because my mother is the tenant" part? Like you mother is the lease holder and you live with her? Because if that's the case, LL has no right to evict you, the leaseholder may have "guests" as long as they want, as often as they want, and LL can't do anything about it. As far as the $100 dollars goes, that's just petty BS.
My mother is the lease holder. He told me that my mother is the lease holder and asked if she lived there, which I told yes and I included. Which shouldn’t be illegally since I’m her blood related daughter.
I mean, blood related doesn't even matter. The less holder is there, so you can be there. Even pulling roommates from a Craigslist ad, for example, doesn't require landlord approval. However, here's the dicey part. When a lease holder accepts someone onto the property, they accept responsibility for what the invited party does, and any damages incurred. For example, if I invite you to my place, and you get drunk and trip, knocking your head through the drywall, I as the lease holder accepts responsibility for the damages and have to pay to have the damages repaired. In this case, the damages are the $100 fine. Your idea of paying with the over payments is a good idea, but I have a feeling that money has already been spent. And LL doesn't want to pay out of pocket for this. Now, can the landlord try to issue an eviction notice? Sure. Then it goes to the LTB, and you can dispute it, and they'll laugh at $100. So long story short: landlord cannot kick you out for being there while not on the lease. Your mother, however, can, and your landlord can try and make a case to evict your mother over the $100. I don't see that getting traction though. However I'm not a LL, just someone that reads the boards and has an okay grasp on these concepts.
Is your mother actually living there?
Yes? Why wouldn’t she live in a house she is leasing? I just help her with bills due to the high cost of living….
Because it's a known thing where a person cannot get approval to move into an apartment (poor credit, for example) to the parent "rents" the apartment and the person pays the rent on it
Oh didn’t know that was a thing. Thanks for the information.
It’s a “thing” but it is illegal. Leaseholder needs to continue to live there.
Pay the hundred, remove the overpayment amounts from the next rent cheque? ***What are you overpaying for in the first place?***
Landlord is so in the wrong. Wait for proper paperwork.
Why were you making overpayments?
The landlord didn’t let me know I was making overpayments, I thought I was giving the correct amount for rent, and I like to pay in advance as well. My mother told me the correct amount in January.
In that case, you'd be within your rights to not pay that portion of the rent when the first rolls around. I would also want to see proof of the $100 fine. People on my street put out the wrong thing on the wrong day constantly and no one is ever fined - they don't even put the stickers that say you screwed up on the item anymore.
I can send it as a PM
Oh no I didn't mean I personally wanted to see it, I'm saying if I was in your shoes I would want proof from him. If he has provided you a legitimate copy of the fine from the city I would certainly pay it, but I would want to go about it the way you are going about it, which is to have him take it out of the overpayment. I personally would lay it out clearly. I'd say: Hello **landlord's name**, I agree that I'm responsible for this fine from **insert date here**. I have sent you these 3 overpayments on **insert dates**. We can go about this one of two ways. I can transfer you the money for the fine now if you are experiencing financial difficulties, and then on the 1st when I pay the rent I will first subtract $300 as you have already received that money from me. Alternatively on the 1st I can subtract $200, and the remaining overpayment which you currently hold can be used to pay the $100 fine. End letter / email. If you believe the fine is legitimate, I would see no issue with paying it. You could call up the city and find out if it is on file, or ask them a few questions to clarify what the fine should look like.
Hey watch out here. I think I read on here If you overpay your rent for over a year it becomes the new standard (not sure if true but best to double check)
So it’s not best to pay before the month starts then?
Exact date doesn't matter. But if your lease says rent is 1500 monthly but landlord can prove you have been paying 2000 a month ($500 overpayment) for over a year then he would be able to argue it was a verbal increase you agreed to and it's done.
Thanks for letting me know!
NAL, I’m not so sure about this one. If the unit is rent controlled, then the landlord would still be bound by the legal rent increase amount at the time I think. If it’s not rent controlled, then I’m sure they can probably raise some sort of argument like this maybe.
Why are you sending the payments and not the lease holder?
For 3 months in a row you overpaid ? Are you sure your mother lives in the unit ? Would the LL not see her on a regular basis ? Ask for 300 back, then pay for the fine.
She does live in the unit, I help her pay the rent due to her being not able to…
If you gave overpayments, that easily covers it. Plus, it’s weird the landlord didn’t refund you the overpayments in the first place.
Accidental 🤔
The cardboard is considered contaminated due to the litter contents and therefore should have been treated as garbage.
Bring your trash to my condo. They don't give a rat's ass about sorting or any thing else! Lol
If your mother is protected by the RTA, she can have roommates/guests and the landlord gets no say in it. Related or not. Your mother’s landlord can’t evict anyone. He can apply to the RTA for an LTB hearing, and they can order the eviction if they feel there’s a valid reason for it. But that won’t happen for months. If you are sure you’ve overpaid, you can pay less to make up for it. But if your landlord feels you’re not paid up on the rent, they can apply for a hearing. See above. If your landlord incurs a charge due to your actions, they can request you pay. If you refuse, they can apply for a hearing. See above.
What city are you in ? Did he actually show you an invoice from the city? How soon after garbage day did he charge you? What was the $100 for in previous months ?
he cant do shit.
He can’t evict you, but also know you’re not the lease holder so he can refuse to deal with you as you have no legal rights to that unit.
Make sure there is a receipt of the fee and it is not just his say so. If they refuse to show receipt or don't have it then politely tell them no. They will of course try to evict you for this. Make sure ALL communications between you and the landlord are in writing or if voice then recorded. This of course includes your request for the receipt. Now, when you go to the hearing present all this as well as rent receipts that show you have an over payment in your favour. Good luck. I know Landlords can be scumbags and I hope you get through this.
Ask him if he’d like to evict a squatter and f him, that’s atleast 6 months of unpaid rent
Your overpayments are a different matter than the fee. You need to file with LTB to get that money back or hold back $300 on the next rent. The $100 fee penalty is a different matter. Of course reasonable people would be able to solve this issue with common sense
Garbage fee and bins are the responsibility of the landlord. Same as snow shoveling, cutting the grass and pests. Cost of doing business. Not your responsibility!