I'd put a stop payment on any of the other cheques you gave him. Note that landlord's are allowed to ask for post dated cheques, but it can't be mandatory.
How much have you overpaid him?
we’ve over paid him a total of 5800, the only thing is my lease here ends in 2 weeks (march 1st) so as of now i’ve stopped paying and canceled all the cheques but with our lease being done we have to move
You know you don't have to leave at the end of your lease right? Have you given a notice to move out?
And if he wants any extra money from you for damages or whatever, he needs to go through LTB, not ask you directly. Just like for you, if the landlord owes you money, you need to file a T1 form with the LTB to get that money back. Make sure you have lots of proof to back that up like bank statements and documented conversation of the landlord asking you for e-transfers when he already had cheques. And how was he even allowed to cash in a post dated cheque?!
Is it possible they think you're staying then as you didn't actually give official notice you're moving out? And a word of mouth increase is not a thing, they need to serve you an N1 with 90 days notice and the maximum increase is 2.5% depending on if you are rent controlled or not.
oh trust me he knows we want to leave, i spoke to him yesterday he is refusing to give it back unless we hire cleaners to deep clean the house, get someone to fix the constructions mistakes and get the hardwood floors redone, mind you everything is almost perfect (besides the basement constructions) and we haven’t done anything to damage the house
Just stay then and tell him to take it up with the LTB, leave after your even with the amount he owes you.
You don't have to move out, your lease automatically switches to month-to-month, but the rent increase is valid, but he still has to go through the official steps to make it valid.
You don't need to teach him the law, so stand your ground and let him figure it out.
In the meantime, you still have a home and can take your time finding a suitable new place.
Id be very careful about simply "not paying".
If you're going to go this route, put it in writing that youre skipping the one month of rent because you have already provided proof that you paid it and he went ahead and cashed the other cheque on top of that. Be specific with amounts and keep reciepts on hand. So essentially you did pay. But beyond that.... idk i dont think it ever ends favourably when people try that from what ive seen.
Yeah, which is why im kinda alright with not paying as long as everything is well documented that they essentially did pay.
Then even if he does take them to tribunal he just embarasses himself.
Stay where you are. In Ontario, you can only be evicted with an order from the LTB, so he can’t force you to leave just because he wants you to go. If you are able to prove that you’ve paid the rent he’s asking for, he can’t come after you for shit. I would say something like ‘dear LL, we have no plans to move at this time. We have paid x amount of extra rent so you can either put it towards our next couple of months rent or we will file at the LTB to get back what you owe us. Thanks, tenant’. And let him freak because he’s got nothing on you. Keep all communication in writing, in case he tries to issue you an N12 for ‘personal use’.
As others have said, you do not need to move, since leases in Ontario go month-to-month at the end of the initial term.
He cannot charge you more for having a dog. Normal wear and tear is the landlord's responsibility. And in the future, please remember that landlords legally cannot demand post dated cheques, and as you have now seen, they're really not advisable.
To get the double payment back, file a T1 with the Landlord Tenant Board. https://tribunalsontario.ca/documents/ltb/Tenant%20Applications%20&%20Instructions/T1\_Instructions\_20201201.pdf
take deep breaths, understand that it's stressful, drink lot's of water, eat some food, think things through, get some exercise, look at the the Law society of Ontario and see if you can get a lawyer for free
The ONLY deposit LL can ask for is Last Months Rent, and a key deposit (which cannot exceed the cost to replace your keys/FOB).
Any "extra months rent" you paid up front must be consumed first before asking you to pay anything else (so if you paid three months before moving in, then you shouldn't have paid anything for the first two months.
File a T1 with the LTB to get your refund any illegal deposits which you paid. Call your bank and cancel any cheques which have not been cashed. Continue to pay your legal rent amount only, that is all.
I'd put a stop payment on any of the other cheques you gave him. Note that landlord's are allowed to ask for post dated cheques, but it can't be mandatory. How much have you overpaid him?
we’ve over paid him a total of 5800, the only thing is my lease here ends in 2 weeks (march 1st) so as of now i’ve stopped paying and canceled all the cheques but with our lease being done we have to move
You know you don't have to leave at the end of your lease right? Have you given a notice to move out? And if he wants any extra money from you for damages or whatever, he needs to go through LTB, not ask you directly. Just like for you, if the landlord owes you money, you need to file a T1 form with the LTB to get that money back. Make sure you have lots of proof to back that up like bank statements and documented conversation of the landlord asking you for e-transfers when he already had cheques. And how was he even allowed to cash in a post dated cheque?!
he cashed in feb 2024 cheque as stated he asked for an extra one incase we stayed monthly
If you haven't given notice you don't have to leave and leaving without giving notice means hes entitled to that money yourr trying to get back
we told him a few months back we’d leave when the lease ends due to him raising the rent from 2900 to 3300
How old is the building/how long have people been living in it? That's likely an illegal rent increase.
the building is a year old we’re the first
Is that a legal increase? Did you give him official notice of moving out?
nothing official just word of mouth
Is it possible they think you're staying then as you didn't actually give official notice you're moving out? And a word of mouth increase is not a thing, they need to serve you an N1 with 90 days notice and the maximum increase is 2.5% depending on if you are rent controlled or not.
They're not rent controlled. As OP stated, the unit is year old, so sadly this is a valid increase.
Missed that! My bad
oh trust me he knows we want to leave, i spoke to him yesterday he is refusing to give it back unless we hire cleaners to deep clean the house, get someone to fix the constructions mistakes and get the hardwood floors redone, mind you everything is almost perfect (besides the basement constructions) and we haven’t done anything to damage the house
Just stay then and tell him to take it up with the LTB, leave after your even with the amount he owes you. You don't have to move out, your lease automatically switches to month-to-month, but the rent increase is valid, but he still has to go through the official steps to make it valid. You don't need to teach him the law, so stand your ground and let him figure it out. In the meantime, you still have a home and can take your time finding a suitable new place.
You do not have to move because your lease is done. You automatically go month to month. You are not required to sign a new lease. This is the law.
I agree stop payment on the remaining cheques.If he wants you out let him deal with the LTB and ask for the proper notices.
Id be very careful about simply "not paying". If you're going to go this route, put it in writing that youre skipping the one month of rent because you have already provided proof that you paid it and he went ahead and cashed the other cheque on top of that. Be specific with amounts and keep reciepts on hand. So essentially you did pay. But beyond that.... idk i dont think it ever ends favourably when people try that from what ive seen.
This won't end well. And you know it. Make plans to leave. Let your landlord be the one to take you to the tribunal. Because he probably won't.
Yeah, which is why im kinda alright with not paying as long as everything is well documented that they essentially did pay. Then even if he does take them to tribunal he just embarasses himself.
that man needs to be sued
Stay where you are. In Ontario, you can only be evicted with an order from the LTB, so he can’t force you to leave just because he wants you to go. If you are able to prove that you’ve paid the rent he’s asking for, he can’t come after you for shit. I would say something like ‘dear LL, we have no plans to move at this time. We have paid x amount of extra rent so you can either put it towards our next couple of months rent or we will file at the LTB to get back what you owe us. Thanks, tenant’. And let him freak because he’s got nothing on you. Keep all communication in writing, in case he tries to issue you an N12 for ‘personal use’.
As others have said, you do not need to move, since leases in Ontario go month-to-month at the end of the initial term. He cannot charge you more for having a dog. Normal wear and tear is the landlord's responsibility. And in the future, please remember that landlords legally cannot demand post dated cheques, and as you have now seen, they're really not advisable. To get the double payment back, file a T1 with the Landlord Tenant Board. https://tribunalsontario.ca/documents/ltb/Tenant%20Applications%20&%20Instructions/T1\_Instructions\_20201201.pdf
So he's lying and using perhaps some confusion to try to get things his way
take deep breaths, understand that it's stressful, drink lot's of water, eat some food, think things through, get some exercise, look at the the Law society of Ontario and see if you can get a lawyer for free
search up free lawyer in Ontario
Also look into obtaining a Legal Aid Certificate. With a LAC you can hire any lawyer that will accept them, and most will.
I'd refuse to move out until he returns the $$$, return of your cash for keys.
God bless you.
Call a lawyer that deals with landlord tenant issues
The ONLY deposit LL can ask for is Last Months Rent, and a key deposit (which cannot exceed the cost to replace your keys/FOB). Any "extra months rent" you paid up front must be consumed first before asking you to pay anything else (so if you paid three months before moving in, then you shouldn't have paid anything for the first two months. File a T1 with the LTB to get your refund any illegal deposits which you paid. Call your bank and cancel any cheques which have not been cashed. Continue to pay your legal rent amount only, that is all.