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Re: Take Your Rent Reduction
Posted by Just a Tenant on 1/20/2012, 9:45:22, in reply to "Re: Take Your Rent Reduction"
Once again the rep from the Landlord site is giving advice that helps landlords -- Is this guy soooo hard up for cash he needs the extra $5 a month, when he fully admits evicting tenants for a couple of bucks arrears? |
Tenants need to exercise their rights when the rights come into effect. If tenants do not take the rent decrease when they are told to, they can forget and the time period of one year to take the decrease can expire.
I too have seen letters to tenants from landlords such as Briarlane saying "you are legally entitled to a decrease, but please continue paying more UNTIL I FILE AN APPLICATION for a variance (which in my opinion is the equivalent of an illegal rent increase). Dan is right, these applications can take upward of 24 months to be heard from the date of filing -- long after your rights to take the decrease have expired.
: Yes, there are paralegals that will help
: tenants deal with those variance requests.
: Dan McIntrye is one of those paralegals that
: can help. To the tenants reading this
: chances are i am not your landlord.
: Yes $5-$25 a month is not a lot that's
: roughly $1.25-$5.00 a week not a lot yes he
: is right that is a few bucks.
: A variance application according to Dan
: McIntrye can take 1 year. Using Dan's
: numbers of $5-$25/month a tenant should save
: anywhere from $60-$300 in the event that the
: variance is granted. Be it homeowner, tenant
: or landlord. Live pay cheque to pay cheque.
: Look deep down inside will you have the
: $60-$300 dollars? If yes keep the variance
: until you're told to pay, it's your right.
: If not maybe the landlord can help save it
: for you and give you back the difference if
: there is one after the hearing. Or if you
: don't think you can but you just object to
: "help your landlord" again it's
: your right to without the contested amount.
: --Previous Message--
: our anonymous landlord friend is suggesting
: that a rent reduction of $5 to $25 a month,
: will lead to a huge amount having to be paid
: back. Wrong. Most of the won variances had
: to do with the new garbage levy...and that
: cant play that trick card twice.
: I certainly dont know of any evictions from
: the few bucks that landlords get back IF
: they make and win a variance.
: Other landlords are asking that it not be
: 20% but rather 15 to 17% based on the
: percentage of taxes to rent. Since rents
: have gone up much more than taxes, landlords
: have benefited and now dont want to share
: the full savings with their rent paying
: tenants. Those variances result in a minor
: change to the amount - a buck or two. And
: there are paralegals that will help tenants
: deal with those variance requests.
: --Previous Message--
: Dan is correct the lawful rent is reduced
: under these circumstances and when the
: reduction is under appeal. Yes it is a
: tenants right to not "help" their
: landlord. If the appeal is successful then
: the tenant will owe the difference back to
: the landlord by a certain date. This is a
: process that takes many months, however many
: tenants stop saving for the event of a
: successful appeal and "worry about it
: later" or "deal with it
: then", Leading to many being evicted
: for failure to pay rent. I have had many
: tenants hold back the variance amount which
: they are entitled to do, then not have the
: funds when the variance appeal was granted.
: They claimed they tried to save the money
: but used it in the end for other expenses,
: they were evicted 2 months after my variance
: was granted. If you are not going to heed
: the landlords advice regarding the appeal
: and wish to keep the reduced rent amount
: make sure you save it and put it away
: because most variance appeals are granted
: completely or to some degree. Make sure you
: have this variance amount ready to be
: repaid. Conversely if you do pay this
: contested amount to your landlord you will
: receive a credit in rent if the Landlord and
: Tenant Board rules that the appeal is not
: successful or the amount owed to the
: landlord is less then you paid in.
: --Previous Message--
: About 140,000 tenant households have been
: entitled to a rent reduction effective the
: January rent payment. This is because the
: landlord has already received a reduction in
: municipal taxes.
: However, many tenants are being told by
: their landlord and/or a paralegal firm that
: they should be patient because the landlord
: might appeal and ask for what is known as a
: Right now, this is your money if you
: received the letter from the City.
: Section 131 of the Act says that the lawful
: rent is reduced (no ands ifs or buts) and
: section 111 of the Act prohibits landlords
: from charging more than the lawful rent.
: Yes, the landlord could appeal under section
: 132 of the Act...but only if an appeal is
: successful can the lawful rent be reduced.
: These applications are often taking about a
: year to be processed. During that time, the
: landlord is breaking the law if they collect
: more than the lawful rent. Do not help your
: landlord by ignoring section 111 of the Act.
: Do realize that a successful appeal may
: mean you will owe them some money down the
: road, but you can deal with that then. Many
: of the appeals only reduce slightly the
: amount of rent reduction.
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