I didn't sign a renewal, why do I have to stay one more year?

Question

When my 1 year leasing expired my landlord sent me a note saying that if I sign for one more year then I woud have no rent increase. The note didn't say how much would be the increase. I didn't sign up so I assumed I'd be now on a month by month basis.
As I never received a note of increase I asked the super for the new rent value and she told me that, because I didn't sign the renewal, I'm "obligated" to stay one more year paying the same rent... I insisted on what would be the new rent if I go monthly but she told me I can't go monthly and anyway the rent increase is "aprox" 3% but never gave me an actual value.
That makes no sense to me but I don't know where to go for advice or what entity can solve this.
I want to move now but don't want to to pay the rest of the year for an apartment I'm not using.
I can't put "aprox 3%" in a cheque so I've been paying the same rent since then and never signed any new agreement.
Can I do anything?
(Toronto - Ontario)

Answer 1

I have been through this personally. Your past contract is now expired and you can leave with as little as 15 days notice however you may leave before 15 days and they can do nothing to you but prorate your rent for the time you stayed for that month. If you had a deposit they will look for a reason to keep it however and will most likely not give it to you. Good Luck!

Answer 2

whatever the landlord told you "verbally" does not mean anything. What counts is what your original lease that you signed says. Is there a provision for it to renew unless you give notice? Check for what is stated in the lease for penalty if you move out early. Typically this means you loose your deposit and nothing more, however many landlords do whatever it takes to make sure you never get your deposit back anyway no matter how nice you leave it and no matter how much notice you give. I would suggest calling yu city government office and asking for what department regulates rentals and what department deals with disputes. Most large cities will have an agency or link you to a nonprofit agency to deal with these exact issues because they happen all the time. If you can't get someone to help, then keep calling different city office numbers ( be a pest and you will get help) until they point you in the right direction. Otherwise search on web and phonebook for landlord/tenant dispute nonprofit agency. Don't let the landlord use their biggest power of scare tactics which are almost always baseless and sometimes even illegal.

Answer 3

Look at your original rental agreement. That is the only document you have which sets any terms. It may (should) tell you what your responsibilities are at the end of that original year. If it doesn't, what controls are the local laws. Here, that would mean that you would go month-to-month, but that varied. You should NEVER make assumptions about what the situation will be, because you may have signed some agreement that obligated you to stay on unless you notified them before the end of the first year.

However, what doesn't make sense is that she asked you to sign, but not signing obligated you to the same terms as if you had signed! First of all, in most areas there are laws which require a specified period of notice if they are going to increase the rent, and that means that they have to tell you how much it will be. "Approximately 3%" isn't notice, so even if you are obligated to stay there, you won't have to pay any additional amount immediately.

Answer 4

because your in canada - I am not sure of the rules that govern renting up there. your best bet is to look for a lawyer that will give you a free consult or if you have like a neighborhood legal service(legal aid) go to them and explain the situation and see what can be done
the whole thing is - you may not have signed the new lease,but you also didnt give the landlord any notice that you would be moving,so they assumed you were staying .
there are different laws to protect you and to protect the landlord.
what you could also try doing is talking with your landlord - and telling them you werent aware they they wouldnt do month to month and you realy arent interested in staying another year,and see if they would be kind enough to let you out of your lease.
If all else fails - you could stay and just not pay the rent,and let them evict you,that would free you from having to stay there or pay the rent increase

Answer 5

They have no signed contract you are free to leave. However, I wouldn't say anything else to them if you want your rent to remain the same till you DO leave.

http://www.ontariotenants.ca/

Do a little research to make sure of your rights

The Annual Guideline Increase is an amount set each year by the government. The "Annual Guideline Increase" is 2.6% for 2007. For previous years see the: Ontario Rent Increase Guidelines.

The landlord can apply to the Landlord and Tenant Board for an above-guideline rent increase. They can get annual increases of up to 3% above the "Annual Guideline Increase" amount for things such as repairs or renovations or new security measures, and those increases can be carry-forwarded for an additional two years. And by exclusion from Section 126, subsection 11 it appears landlords can also get rent increases with no maximums for increases in municipal property taxes, municipals fees, or increased utility costs.

The landlord can not charge you above the "Annual Guideline Increase" without first getting approval from the Landlord and Tenant Board. Under the law, the landlord must make available to you a copy of their "Application For An Above Guideline Increase" and inform you of the date for the hearing. You can challenge the landlord's application if you have good reasons. See Part VII - Rents, Rent Increases and Decreases particularly sections 116 through 136.

Many landlords will include bills for ineligble items, or even work not yet completed that should not be permitted for an increase, so get advice from your legal representative or legal clinic on what to do. If you do wish to challenge the landlord's application it is usually wise to do it as a group, and the easiest way to do this is to form a building tenants' association.

Answer 6

Make sure the lease is over or if it reverts to another term without notice. My guess the lease expired but a rate increase can be built into a lease . Maybe it is a 99 year lease with option to vacate on written notice every six months. . Take it to a lawyer if you can't read it. A lawyer can read it fast as he knows the different types of standard lease forms in Ontario.

Answer 7

No you're not obligated to stay another year, you didn't sign a year lease. She's looking to rip you off. Tell her you are NOT obligated to stay another year at all, because you didn't sign any lease stating that you're there for a year (thats the entire purpose of signing a year lease). Tell her you will give her a month's notice, and then get the hell out of there.

Next time when your year lease is due to expire (if you ever have one again) and you want to go month to month, ask up front before your yearly lease expires, for a new lease that states you are month-to-month.

Answer 8

I don't know the laws in Canada, so the only advice I would give you is to get the information directly from your landlord, not the super, unless the super has the authority to negotiate and sign leases for the landlord.

You should also look at your expired lease to see if it has a clause regarding renewals.

Answer 9

You are correct. Once the lease is over it reverts to month to month. However they can still say you have to pay higher rent see?

So they can charge whatever they want but you don't have to stay and can leave if you give your notice. But you are not obligated for a year.

Tell them to put that in writing for you and when you read what they write it won't be what they said. They know thats not true.

Answer 10

if your current lease has expired give him 30 day notice and go if thats what u want to do. dont sign a new lease make sure all moneys r paid when u go.littagation could follow if this is not straight.