For all of my friends who live in or are considering living in commercial studios. Some facts that arose from my recent Landlord Tenant board hearing regarding a conflict with my landlord. Keep in mind the live and work space is the same room, there is no separation. From the outset of my lease, which was commercial, and after having paid HST, I was able to demonstrate that both the intent from the outset that I was intending to use the space as a residential tenant and that I did in fact do so. This put the tenancy within the jurisdiction of the landlord tenant board. To show even further how particular the law is, I had stopped sleeping in the unit in 2012 and tried to sublet the unit for the next year to an individual. Because the landlord refused to respond in writing, and because neither of us submitted the appropriate paperwork this sublet never took place by legal definitions and even if it did I would remain the tenant so long as I was paying the rent. This is important as the tenancy board can only deal with issues within 1 year of events occurring. Now I can proceed to deal with matters of interference with my reasonable enjoyment of the unit, harassment, and coercion. Know that a landlord can cause you great inconvenience, but if you track everything you can protect yourself and seek restitution. If you bury your head and pray it will all work out, they will just step on you and get away with it.
Posted on: Mon, 31 Mar 2014 19:07:26 +0000
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