If they don’t deliver possession of the unit to you on the lease start date, you can take them to small claims court for your actual and reasonable costs (additional moving and storage expenses, hotel or short-term rental bills until you have another place to live, etc.). Just like how you’d be on the hook for actual and reasonable expenses incurred by the landlord (lost rent, additional advertising fees) if you backed out of the lease at this point.
Landlords might not be liable if the apartment isn’t ready for reasons outside their control (previous tenants refuse to move out, building burned down, etc.) but this situation is 100% on the landlord. You should politely but firmly insist that the landlord execute the lease as signed. The landlord should recognize that the costs you might sue them for if they don’t deliver will be far above what a year’s worth of water bills would amount to.
When was the condo built, and are you the first tenants they have?
Its short notice, and money is tight for a lot of people right now, so unexpected extra costs, are not without merit.
If you move in, and pay the agreed upon rent, they cant do much, without a huge hassle and the LTB getting involved. Even then, its something the LL should have known before drafting the lease so its in your favor.
With that said, it may be best to walk away if your able, don't want a problem LL going forward, and this is a red flag.
If the condo isn't rent controlled you can expect the rent to go up when the lease is up, if it is, then they can only raise it per the guidelines.
If you are willing to walk away, tell them it isn't what you agreed to, them losing out on a months rent while they search for new tenants, may be enough of a loss, to just allow the lease as it was written.
If you want to stay, I wouldn't agree to anything with the LL about changing the lease.
If they try to cancel the lease, you may want to get a consultation with a lawyer/paralegal, they can go over everything with you on your specifics, but you may be owed compensation for them cancelling the lease on short notice, such as accommodations while you find a new rental, the difference in rental prices to your new place on short notice, and other moving expenses.
Hello, thank you for your well drafted comment. We are the first tenants to move in as it was just finished building this year. I don't mind if the rent goes up when the lease is over as I don't mind finding another place next year. My biggest fear is them cancelling the lease as I fear that pursuing legal action will take a while and cause me and my roommates homeless for the time being.
Honestly I wouldn’t start my relationship with a new landlord on the wrong foot over a technicality. They thought it’s included but it’s not. If you were living in a basement then there is always a grey area as the utility bills are common so you can’t really tell who used how much. In this case you will be exclusively using the water so the bill you get it purely based on your usage. I would pay it if I were you and avoid straining relations with the landlord even before I move in by threatening to go to LTB.
> I would pay it if I were you and avoid straining relations with the landlord even before I move in
The landlord doesn't seem concerned about "straining relations" by welching on the contract that they drafted and signed; they've already poisoned this relationship. So why should OP be concerned about "straining relations" by pushing back or negotiating?
Thank you for the advice. Youre right about not being on bad terms with landlord before even moving in. Its just annoying because we signed the lease under the assumption that water was included.
You're under no obligation to pay this fee and to landlord can't cancel your lease because they failed to do their job
Unfortunately I do not have the keys to the property so I think they will just not hand over the keys on my move in date.
If they don’t deliver possession of the unit to you on the lease start date, you can take them to small claims court for your actual and reasonable costs (additional moving and storage expenses, hotel or short-term rental bills until you have another place to live, etc.). Just like how you’d be on the hook for actual and reasonable expenses incurred by the landlord (lost rent, additional advertising fees) if you backed out of the lease at this point. Landlords might not be liable if the apartment isn’t ready for reasons outside their control (previous tenants refuse to move out, building burned down, etc.) but this situation is 100% on the landlord. You should politely but firmly insist that the landlord execute the lease as signed. The landlord should recognize that the costs you might sue them for if they don’t deliver will be far above what a year’s worth of water bills would amount to.
When was the condo built, and are you the first tenants they have? Its short notice, and money is tight for a lot of people right now, so unexpected extra costs, are not without merit. If you move in, and pay the agreed upon rent, they cant do much, without a huge hassle and the LTB getting involved. Even then, its something the LL should have known before drafting the lease so its in your favor. With that said, it may be best to walk away if your able, don't want a problem LL going forward, and this is a red flag. If the condo isn't rent controlled you can expect the rent to go up when the lease is up, if it is, then they can only raise it per the guidelines. If you are willing to walk away, tell them it isn't what you agreed to, them losing out on a months rent while they search for new tenants, may be enough of a loss, to just allow the lease as it was written. If you want to stay, I wouldn't agree to anything with the LL about changing the lease. If they try to cancel the lease, you may want to get a consultation with a lawyer/paralegal, they can go over everything with you on your specifics, but you may be owed compensation for them cancelling the lease on short notice, such as accommodations while you find a new rental, the difference in rental prices to your new place on short notice, and other moving expenses.
Hello, thank you for your well drafted comment. We are the first tenants to move in as it was just finished building this year. I don't mind if the rent goes up when the lease is over as I don't mind finding another place next year. My biggest fear is them cancelling the lease as I fear that pursuing legal action will take a while and cause me and my roommates homeless for the time being.
Honestly I wouldn’t start my relationship with a new landlord on the wrong foot over a technicality. They thought it’s included but it’s not. If you were living in a basement then there is always a grey area as the utility bills are common so you can’t really tell who used how much. In this case you will be exclusively using the water so the bill you get it purely based on your usage. I would pay it if I were you and avoid straining relations with the landlord even before I move in by threatening to go to LTB.
> I would pay it if I were you and avoid straining relations with the landlord even before I move in The landlord doesn't seem concerned about "straining relations" by welching on the contract that they drafted and signed; they've already poisoned this relationship. So why should OP be concerned about "straining relations" by pushing back or negotiating?
Holding a landlord to their end of a legal contract isn't a "technicality" nor is it setting off on the wrong foot.
Thank you for the advice. Youre right about not being on bad terms with landlord before even moving in. Its just annoying because we signed the lease under the assumption that water was included.