4 Rental Situations That Can Get You in Trouble

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Subletting without landlords’ knowledge

When we mentioned to a friend, a seasoned Torontonian, a sublet where the tenant hid the entire operation from the building\’s landlord and property management, his response was a theatrical \”Run for the hills.” His logic? If the tenant decided to pull a stunt and call the police on us for who knows what reason, we would be left with a lot of explaining to do.

Although he brought up an extreme situation, it was more than enough to feel how vulnerable the position we would be in. Essentially, no apartment was worth the trouble.

In Ontario, tenants don’t have the right to sub-rent their apartments, condominiums, houses, or other rented properties without a landlord’s consent. As a rental seeker, you often find tenants who secretly sublet their landlords’ properties to secure old rental rates, make a quick buck, or both. You certainly noticed that these tenants often require rents slightly below market levels.

Insurance company Direct Line recently published a study in the U.K. indicating that a significant percentage of subletting tenants did not disclose the arrangement to their landlords, and many did not review their tenancy agreements before engaging in subletting. The study also reveals that some renters have been renting out parts of their homes, with a higher rate of subletting among younger tenants.

The repercussions of unauthorised subletting include evictions, non-renewal of tenancies, or negative references for future rental applications. You also get the landlord in trouble if the condominium board finds the property violating their rules.

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Renting a hazardous basement apartment

Renting a basement apartment in Toronto that falls below code standards poses a significant risk to your life. The laws governing legal permits exist for a crucial reason – to ensure the safety of individuals in and around the unit by preventing accidents and potential dangers. For instance, if your unit fails to comply with electrical and fire safety regulations and an incident like a flood or fire occurs, there is a risk of death or irreversible harm to the occupant.

Basement fires resulting in fatalities have contributed to the initiation of a new landlord registration pilot program in Brampton. This program addresses issues related to illegal rental units. It aims to set limits on the number of residents in a home, conduct random inspections, impose fines for unlicensed rental units, and explore the creation of a Landlord Code of Conduct along with a directory of licensed landlords.

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Rent an apartment with lease terms or conditions that do not align with your preferences or lifestyle

Renting an apartment with lease terms or conditions that don’t align with your preferences or lifestyle might be the quickest path to unhappiness.

If you have pets, be aware of the pet policies in both the apartment and the building. Some places have strict rules, additional fees, or penalties for pet owners. If the property management communicates that having a pet is a privilege, do your due diligence before signing anything.

While we do not have pets ourselves, we once encountered a building rule where barking was not permissible. We chuckled because even as non-pet owners, we knew this was virtually impossible, and we would be in a difficult position if we were pet owners.

Another consideration is vaping or smoking cannabis inside your unit. According to the Canadian Centre for Housing Rights, the Residential Tenancies Act (RTA) allows a tenant to smoke in their unit as long as the second-hand smoke does not interfere with the landlord’s or another tenant’s reasonable enjoyment of the rental unit and complex. Even if a rental agreement permits smoking, the Landlord and Tenant Board (LTB) can order a tenant to stop smoking indoors if the LTB determines that smoking has interfered with another tenant’s or the landlord’s living arrangement.

Additionally, your rental may have strict guest policies, but you enjoy hosting friends and family regularly. If the lease limits on the number of guests or the duration of their stay, it may not suit a social lifestyle or frequent visitors.

Finally, if you anticipate needing to sublease your apartment due to job or personal circumstances, a landlord that prohibits subleasing can be financially restrictive, especially in a city like Toronto. Moving away from Toronto for a few months and not having anyone to help pay rent for a unit you’re not living in can be burdensome.

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Rent near construction or loud music

Toronto has several rapidly changing neighbourhoods as the city boasts the most cranes in North America. While neighbourhood transformations can be positive, research the area\’s development plans to ensure they align with your preferences.

We once had a coworker show up at work tired every day. The overnight construction of a guideway near his apartment kept disturbing his sleep. Since the construction was part of a government infrastructure project, he could do nothing about it.

Although the Noise Bylaw in Toronto sets standards for noise, including specific decibel limits and time restrictions, individuals or organisations can request Noise Exemption Permits for events like concerts or construction activities outside allowable hours.

Even if noise isn\’t exempted, Toronto\’s response to complaints is limited by constraints on the police and the \”Noise Team,\” composed of bylaw officers ill-equipped to handle potentially dangerous situations.

Residents in Toronto\’s King Street West neighbourhood recently raised concerns about excessive noise from nearby restaurants and bars, especially from rooftop and patio areas. Despite living in a downtown area where you expect noise, residents complain that late-night noise, especially Wednesdays through Sundays, disrupts their sleep. The noise is from music, particularly deep bass from establishments violating the city\’s noise bylaw, which sets 11 p.m. as the cut-off time for loud music.

Complaints to the city\’s 311 line reportedly resulted in delayed investigations, and despite numerous complaints, there were no charges against establishments violating noise bylaws. Residents expressed frustration with the lack of penalties.

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