- April 24, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation in Ontario Rental Property
I have been a tenant in Ontario for over a decade, residing in the main floor of a house under a month-to-month agreement after my initial lease expired. The property also has another tenant occupying the basement unit, with the landlord implementing yearly rent increases.
## Recent Issue with Water Bill
In December 2023, the landlord informed me of a substantial increase in the water bill and suspected a leak on the property. Upon inspection, it was noted that the toilet might be continuously running, potentially causing the spike in the water bill. Further assessment in the basement unit was conducted by the landlord, but the results remain unclear.
## Decision to Shift Utility Costs to Tenants
Recently, the landlord contacted me again, mentioning an even higher water bill and indicating that tenants would now be responsible for the utilities’ costs. The current bill stands at over $1,500, prompting concerns about the fair distribution of utility expenses, given the single setup for the property’s utilities serving both units.
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The AI Legalese Decoder can assist in decoding and analyzing the legal terms and implications of the situation. By using this tool, tenants can gain a better understanding of their rights and obligations in such scenarios. The decoder can help interpret any relevant laws or regulations governing utility cost distribution in rental properties, providing informed guidance on the best course of action to take. Additionally, it can suggest potential negotiation strategies to address the issue with the landlord effectively.
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If your existing lease (whether written, oral or implied) includes utilities then they cannot unilaterally change the lease to exclude utilities.
You and the landlord can mutually agree that the lease won’t include utilities but if so the rent is supposed to be decreased by the average cost of the utilities.
If you receive a bill for utilities you can refuse to pay. If the utilities get cut off you can contact the RHEU and bring an urgent T2 application to the LTB.
Fixing a continuous running toilet is easy and his job, tell him to do his job if he wants less water usage
>What I need to know is if they have any grounds to now start charging us for the utilities?
No, they don’t.
>What’s my best course of action in this scenario?
In this case “no” is a complete sentence, and that is all that’s needed. Landlord has no right to change your all-inclusive lease agreement regardless of the increase in utility costs. If they demand it, you can simply say that would be an illegal charge under the RTA and then simply refuse to pay it. Keep paying only your legal rent.
Landlord would have zero recourse. Any action they attempt through the LTB they would easily lose.
It sounds like there is indeed some greater issue with the water, and that needs to be addressed. A toilet running continuously can significantly increase the water bill.
You don’t have to accept this from the landlord, your lease is still biting. They can’t just decide that you have to.
As long as your unit is all inclusive then the landlord can pound sand and pay their utility bill. I believe (can be wrong) that in more extreme cases the landlord can apply to have the tenant pay the utilities. Like if you were running the faucet to bottle water leading to an extremely high water bill or crypto mining a bunch of rigs and they get hit with a huge electric bill. If it’s regular usage but there’s a leak the landlord refuses to address that’s on them, they’re choosing to continue like this.
It’s also your responsibility to notify the landlord of issues like a water leak. The only way I could see them making you pay the bill is if they could prove you were aware of the water leak and did not report hit to them for repair. The negligence then would have led to the high water bill. Again they have to prove that though.
Our utility bill used to be $60 for two months. We own our own home. It slowly over twenty years climbed up to $80 for two months. The city decided it would be more efficient to go to a monthly billy. Over the last 14 years they added a storm water fee, recycling fee, garbage fee. We are now up to $90 a month on average.
Im like 95% sure that legally,
If your only renting part of the property and other people besides those on the lease for your unit occupy any other part of the property that has access to said utilities, them the landlord is responsible for it.
If they want you to pay utilities for your ground floor rental, then they also need to isolate the ground floor utilities from the rest of the units, so you have your own dedicated meter.
Check with your local LTB/lawyer