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After 2 years in a rent-controlled unit, landlord requests a 25% rent increase

2023.06.09 05:29 RuleThis2042 After 2 years in a rent-controlled unit, landlord requests a 25% rent increase

Seems like it's an old story at this point. I’ve read so many of them on reddit, wondering if it would happen to me, and it has. Emails are pasted below with identifying info removed.
First, I requested to have my wife added as a resident of the condo. Condo management kicked it back to my landlord for approval, which I didn’t think was required. Landlord tells me that they need to increase my rent due to their increased costs and financial troubles, sort of as an exchange to approve my wife’s occupancy, threatened to potentially occupy the unit themselves, however they moved overseas months ago. I’ve just refused, but I offered to help them out with a temporary payment outside of the tenancy agreement. Of course I’d like to continue living here. The emails fill in the details up to now. Looking for advice.
_________
Hello,
Congratulations on your marriage.
The first step is for us to receive approval from your landlord to add your wife as an additional resident in the unit. They are copied here and can do a “reply-All” to this email, or they may provide a Lease Amendment if they wish.
When we receive their approval, then we will send you the registration forms and information to get your wife setup on the system.
Thank-you.
Sincerely,
Property Administrator
__________
Thank you property administrator, Hi Landlord, I hadn't mentioned this because my understanding is that it's only for logistics at the condo (picking up packages, calling security, management etc.) After reviewing the LTB's Landlords, Tenants, Occupants and Residential Tenancies Interpretation Guideline 21 and seeking professional advice, I determined that my wife is considered a "spouse of the tenant" and occupant of the unit, but there's no requirement for her to be on the lease. The legal relationship of landlord-tenant remains between you and me. I hope to have your blessing to ease this process with the condo management.
All the best, Tenant
_________
Dear Tenant, First of all, I wanted to extend my heartfelt congratulations on your recent marriage. I sincerely wish you and your spouse a lifetime of happiness together. I am writing to discuss an important matter regarding the approval of your spouse as a resident in our system. While you are correct about the existing rules and regulations, I would like to request a favor before granting this approval. During my vacation overseas, I received the unfortunate news that I have been diagnosed with cancer. As a result, I had to prolong my stay here to undergo treatment. This unexpected turn of events has had a significant impact on my businesses in Canada, causing a disruption in my income. Furthermore, I have been faced with increased maintenance expenses and mortgage costs, which have put me in a financially burdening situation. Given these circumstances, I must reluctantly ask you to consider an increase in rent. Let me clarify that I have never requested a rent increase beyond the guidelines set by the government. Our longstanding relationship and the fact that you have been living alone have been key factors in maintaining our good rapport over the years. However, considering the current situation, it has become unavoidable to raise the rent or consider moving into the unit myself. I am hopeful that with your recent marriage and the added financial support from your spouse, you would be able to assist me by paying the revised rent amount. I want to emphasize that this decision has not been made lightly, and I understand the inconvenience it may cause you. The proposed new rent amount is $2700.00, effective from July 1st, 2023. This revised amount takes into account the increased maintenance expenses and mortgage costs that I am currently facing. To provide you with further context, I have attached information on the recent rental prices of neighboring units. This data shows that the offered amount is both reasonable and below the current market price. I genuinely value you as a tenant and appreciate the care you have taken of the property throughout your tenancy. I understand that this rent increase may impact your budget, and I am more than willing to address any concerns or questions you may have. Thank you for your cooperation and understanding in this matter. Sincerely, Landlord
__________
Hello Landlord,
I'd like to say again that I'm sorry to hear about your health and business challenges. I have close family and friends with cancer. I know how painful that has been for my loved ones. And, like you, my wife and I are adjusting to higher mortgage costs on a property while our income has not kept pace. For that reason, I must decline your request for a 24.1% increase in rent following a 2.5% increase two months ago.
A tenancy agreement contract comes with risk for both parties, and I had to factor that risk into my financial plan. I sought a rent controlled unit to mitigate it. I believe that rent controls in Ontario exist to protect renters from sudden increases in rent. They are not to be simply dismissed when the landlord wants to pass their unexpected financial burden onto their tenant.
I'm not sure if you were implying a quid pro quo: approval of my wife's occupancy in exchange for increased rent. I may have understood that, but that would be inappropriate under the law and its interpretation in Ontario. My apologies if I misunderstood. I am also concerned about you stating that a key factor in our “good rapport” is my residing alone in the unit. I pay for the right to occupy the unit, and as long as I don't violate overcrowding bylaws, I may have other occupants. The law is quite clear on this. I believe that the good rapport we have shared is based on each of us fulfilling our obligations under the contract, our courteous and timely communication, and our willingness to help one another on occasion beyond the terms of our contract.
I hope to share my perspective with you in the next two paragraphs. Though you may see your previous rent increases to the guideline maximum as a good faith gesture, I see them as simply following the law. In fact, you increased the rent as much as you possibly could. A good faith gesture would have been an increase below the guideline or no rent increase at all. I write this not because I expected zero rent increase, but so you understand what I hear when you say, "Let me clarify that I have never requested a rent increase beyond the guidelines set by the government." You are stating that you've never requested something that you are not allowed to request, which I don’t consider to be a favour. Now you are requesting that very thing.
I acknowledge and appreciate that you have never invaded my privacy, and you have always been respectful in your communication with me. I have given you that, and more. I have gone beyond my responsibilities as a tenant on many occasions, saving you money by avoiding the need for expensive contractors and property management. You’ve only sent someone once: a plumber after I spent my time and money trying to fix the problem. As far as I know, you’ve only been to the unit once yourself during my tenancy, which was with the plumber. When the unit above leaked and destroyed the front closet, you never came. I dealt with building management, and I donated my labour to fix the water damage to the wall and the coat rack. I have repaired and repainted all the walls of your unit with the original paint at my expense. I have stripped and re-caulked your bathtub because it was growing mould and had gaps that were allowing water to get under the tub. There have been other issues that I can assure you other landlords would have been called to address: HVAC problems, neighbouring balcony leaking problems, clogged drains, noise problems and more. You dismissed your property manager and moved to the other side of the globe. If that’s not recognition of the value I provide you, I’m not sure what is. I think our good rapport is based on my many gifts to you in the form of my time and money. It is based on me dealing with problems that landlords are legally responsible for.
Your request to increase my rent by nearly 25% with 23 days notice of the first new payment is inappropriate in the extreme. It is 10 times the annual rent increase guideline. It follows a rent increase of 2.5% only two months ago. And, it's 1/4 of the minimum 90 days notice for a legal rent increase. I realize this is a request, not a notice, nevertheless it is an enormous increase with little warning, and it’s attached to the threat that you will evict me if I don't agree. It is an unreasonable demand that puts me under duress, and that would cause me undue hardship. I also have no guarantee that you would not do the same thing again later if I acceded to your demand.
Ultimately, I understand and respect your right to occupy your unit. I imagine that you understand and respect my need to verify that occupancy for the required period after my hypothetical eviction. I am in a position to verify who is living there, whether the unit is rented again or not, and to pursue any legal action that would follow.
With all that said, if you would allow me to do a detailed review of your finances, I would consider agreeing to a rent increase. This would have to occur with at least 90 days notice, in accordance with a legal rent increase.
Alternatively, I would be amenable to a temporary extra monthly payment to help you get through these difficult health and business circumstances. There would be no change to our tenancy agreement. We could at both parties’ discretion revise and renew the agreement at the end of its period. I would be happy to put such an agreement into writing.
I would like us to speak on the phone or an online platform like WhatsApp because I feel we can come to an agreement that is legal and beneficial to us both. I fear that a contentious end to our relationship would be very taxing financially, emotionally, and time-wise. Nevertheless, I believe strongly in what is right, in my rights as a tenant, and in your responsibilities as a landlord. I am prepared to see whatever process we enter to the very end.
Regards,
Tenant
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2023.06.09 05:17 Excellent-Target-847 One-Minute Daily AI News 6/8/2023

  1. Instagram is apparently testing an AI chatbot that lets you choose from 30 personalities.[1]
  2. Singapore has laid out a years-long roadmap it believes will ensure its digital infrastructure is ready to tap emerging technologies, such as generative AI, autonomous systems, and immersive multi-party interactions.[2]
  3. EU wants platforms to label AI-generated content to fight disinformation.[3]
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Sources:
[1] https://www.theverge.com/2023/6/7/23752143/instagram-ai-chatbot-feature-advice-questions-personalities-leak-screenshot
[2] https://www.zdnet.com/home-and-office/networking/singapore-creates-digital-blueprint-for-generative-ai-and-autonomous-systems/
[3] https://techcrunch.com/2023/06/06/eu-disinformation-code-generative-ai-labels/
[4] https://www.nytimes.com/2023/06/08/business/khan-ai-gpt-tutoring-bot.html
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