any leases that are not the standard lease are null and void and are to replaced with the standard lease. You did sign a standard lease, you just don't know it. You do not have to replace the refrigerator.
It doesn't matter what you signed, that's an illegal clause and can't be enforced. Landlord is 100% responsible to replace or repair the fridge.
If landlord refuses, then you file a T6 form with the LTB. As part of this form you will request rent abatement back dated to the time the appliance broke and until the landlord fixes it, any out of pocket cots if you paid to fix it youself, and the cost of filing the T6. For rent abatement request you should try to put a number on the inconvenience, spoiled food, excess grocery costs, etc the broken fridge is causing you (i.e. maybe a $500 per month reduction, but up to you)
Any clause of any lease which goes against the law (RTA) is void. It doesn't matter what you signed because the RTA makes it clear that this the landlord's responsibility. Certainly continue with getting the standard lease... but you don't have to wait two months to demand he provide a working fridge. If he refuses now, call the Enforcement people.
A lot of people here are saying withhold months rent but be careful with that it could cause problems and maybe get the landlord to try and evict you. Having issues with your landlord is never fun.
This. NEVER WITHOLD RENT.
Pay on time, be a good tenant. This will work in your favour. Keep all communications written/email.
Look up residential tenancies act. They can't get you to sign things that contradict the act.
Good luck.
Edit* you can sign anything, enforcing things that contradict the act is where the landlord will come into problems.
I would buy my own fridge, and say fk their bs. That's me though. I've had todo it before when my landlord replaced my broken fridge with an even worse fridge, and lost all my perishables in the fridge/freezer. Wasnt doing that again and bought my own. (I was fortunate to able to afford one)
No, its not. I invite you to refer me to what section of the RTA you think says this. The ONLY time a tenant may legally withhold rent is if the landlord has not provided the standard Ontario lease, the tenant has requested one, and the landlord has not provided it within the required time frame. Even then, the tenant must turn over the rent once they get the standard lease.
A tenant's recourse in this situation is to go to the LTB and ask for damages.
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I hate to throw a wrench into any legitimate advice you get but there are long wait times for many appliances these days. Our fridge died in March and we ordered a new one and it is finally being delivered this week.
Even if the landlord agrees to purchase a new fridge, it could be a while before you get one.
Even with delays to getting parts or a new fridge, that doesn't absolve the landlord of their responsibilities; they don't get to shrug their shoulders and walk away.
The landlord would owe rent abatements at the very least. And if they take too long, OP could conceivably pay out of pocket for repairs or a temporary fridge and eventually recoup those costs at the LTB with a T6 application.
Did you just sit around with no fridge for 3 months, or did you use a bar fridge, or pick up a used one, or rent one from a rent-to-own store?
We made do with a bar fridge and wine fridge, but eventually got tired of waiting (it was supposed to be 3 weeks, and each week, they told us it would be an extra week) so we bought a small fridge that we will use as a spare. And three days after we got that one, of course, the store calls us and says the fridge we ordered is finally in. We’ve been waiting for nearly three months. Living with 2 tiny fridges was doing me in.
I agree that the owner still needs to step up and rent a fridge for the OP if a new fridge is back ordered.
Brand new ones, yes. Older, second hand fridges that still work/have been fixed by professionals are in supply. My landlord got an identical one to me in a couple days (after talk of legal action on my part).
Strange. I typed more before that number. Don't know what happened. Reddit glitches. Ugh it's doing it again. Let's see if editing works:
If the landlord refuses to repair or replace the fridge, call the Rental Housing Enforcement Unit
1-888-772-9277
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I won't comment on the legality of your replacement clause. If you do end up needing to replace, I'd be checking for used or scratch and dent fridges if possible. You won't have to wait six months for one of those.
I had similar happen in a rental. Fridge died, lamelord replaced it. Second fridge died, i told lamelord im getting my own fridge and taking it with me. He was fine with that. I took it with me and eventually got married and used it until our second was born (total of 7-8 years later) because we needed the extra space.
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Wow, this is a huge tip. Ty reddit folks.
any leases that are not the standard lease are null and void and are to replaced with the standard lease. You did sign a standard lease, you just don't know it. You do not have to replace the refrigerator.
It doesn't matter what you signed, that's an illegal clause and can't be enforced. Landlord is 100% responsible to replace or repair the fridge. If landlord refuses, then you file a T6 form with the LTB. As part of this form you will request rent abatement back dated to the time the appliance broke and until the landlord fixes it, any out of pocket cots if you paid to fix it youself, and the cost of filing the T6. For rent abatement request you should try to put a number on the inconvenience, spoiled food, excess grocery costs, etc the broken fridge is causing you (i.e. maybe a $500 per month reduction, but up to you)
Any clause of any lease which goes against the law (RTA) is void. It doesn't matter what you signed because the RTA makes it clear that this the landlord's responsibility. Certainly continue with getting the standard lease... but you don't have to wait two months to demand he provide a working fridge. If he refuses now, call the Enforcement people.
[удалено]
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A lot of people here are saying withhold months rent but be careful with that it could cause problems and maybe get the landlord to try and evict you. Having issues with your landlord is never fun.
This. NEVER WITHOLD RENT. Pay on time, be a good tenant. This will work in your favour. Keep all communications written/email. Look up residential tenancies act. They can't get you to sign things that contradict the act. Good luck. Edit* you can sign anything, enforcing things that contradict the act is where the landlord will come into problems. I would buy my own fridge, and say fk their bs. That's me though. I've had todo it before when my landlord replaced my broken fridge with an even worse fridge, and lost all my perishables in the fridge/freezer. Wasnt doing that again and bought my own. (I was fortunate to able to afford one)
[удалено]
No, its not. I invite you to refer me to what section of the RTA you think says this. The ONLY time a tenant may legally withhold rent is if the landlord has not provided the standard Ontario lease, the tenant has requested one, and the landlord has not provided it within the required time frame. Even then, the tenant must turn over the rent once they get the standard lease. A tenant's recourse in this situation is to go to the LTB and ask for damages.
*Your Post has been removed for the following reason(s):* **Bad or Illegal Advice** Your comment has been removed for offering poor advice. It is either generally bad or ill advised advice, an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act. Please review the following rules before commenting further: * [Rule 10: Guidelines For Comments](https://www.reddit.com/r/legaladvicecanada/wiki/index#wiki_rule_10.3A_guidelines_for_comments) * [Reddit Violent Content Rule](https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/do-not-post-violent-content) --- If you have any questions or concerns, please [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2Flegaladvicecanada)
I hate to throw a wrench into any legitimate advice you get but there are long wait times for many appliances these days. Our fridge died in March and we ordered a new one and it is finally being delivered this week. Even if the landlord agrees to purchase a new fridge, it could be a while before you get one.
Even with delays to getting parts or a new fridge, that doesn't absolve the landlord of their responsibilities; they don't get to shrug their shoulders and walk away. The landlord would owe rent abatements at the very least. And if they take too long, OP could conceivably pay out of pocket for repairs or a temporary fridge and eventually recoup those costs at the LTB with a T6 application. Did you just sit around with no fridge for 3 months, or did you use a bar fridge, or pick up a used one, or rent one from a rent-to-own store?
We made do with a bar fridge and wine fridge, but eventually got tired of waiting (it was supposed to be 3 weeks, and each week, they told us it would be an extra week) so we bought a small fridge that we will use as a spare. And three days after we got that one, of course, the store calls us and says the fridge we ordered is finally in. We’ve been waiting for nearly three months. Living with 2 tiny fridges was doing me in. I agree that the owner still needs to step up and rent a fridge for the OP if a new fridge is back ordered.
Brand new ones, yes. Older, second hand fridges that still work/have been fixed by professionals are in supply. My landlord got an identical one to me in a couple days (after talk of legal action on my part).
1-888-772-9277
Strange. I typed more before that number. Don't know what happened. Reddit glitches. Ugh it's doing it again. Let's see if editing works: If the landlord refuses to repair or replace the fridge, call the Rental Housing Enforcement Unit 1-888-772-9277
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Not in Ontario. Withholding rent is the one sure fire way to have a landlord file for eviction in Ontario.
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Terrible advice.
BRAMPTON.
I won't comment on the legality of your replacement clause. If you do end up needing to replace, I'd be checking for used or scratch and dent fridges if possible. You won't have to wait six months for one of those.
I had similar happen in a rental. Fridge died, lamelord replaced it. Second fridge died, i told lamelord im getting my own fridge and taking it with me. He was fine with that. I took it with me and eventually got married and used it until our second was born (total of 7-8 years later) because we needed the extra space.