55 gallon

[fishsticks]

Split from Classifieds by cutestjen 55 gln post

Hi everyone,

I have a 55 gallon that my landlord wants me to get rid of.  Ive had it for about 5 or 6 years

why does your landlord want you to get rid of it???

[cutestjen]

Hes paranoid about it breaking/leaking and ruining his brand new furnace that is underneath the kitchen. I could keep it and move it into the livingroom but its so crammed as is. I thought about it for awhile and just think the best thing to do is get rid of it.

[Canoe]

I don't think landlords have the right to harass tenants like that. Do you have insurance? Are you renting a house or part of a house?

[cutestjen]

Im renting part of a house, a duplex and he lives upstairs. I fine it a little ridiculous too but hes the lanlord I have to comply with him. I dont have insurance...

[dan2x38]

He cannot make you get rid of it I am pretty sure but contact the 'Ontario Rental Housing Tribunal' for the details. We had an insane landlord we had to deal with them through the ORHT for 18 months he lost his shirt with penalties and work approx. $35 grand. Among several things he was trying to get me to remove stuff from my unit and he did not have that power. Also a landlord cannot make you sign away your rights under the Landlord & Tenants Act i.e. pets. You have to make sure if you have insurance that it is covered. Some times like water beds you have to have a rider to cover it. Check with your agent. As tenants in Ontario we are very well protected but a lot of people do not realize this and let landlords push them around.

[cutestjen]

He has the right to ask me to move it though doesnt he??? Like he wanted me to move it into the living room which is already crammed because I moved from a 2 to a 1 and I have an elliptical and my work station. Not to mention its as far as possible from the water sources. When it came down to it I just said forget it Ill find a good home for the tank.

This landlord is a little opver the top. When I was applying for the place he got letter from my employers, called my my previous landlord, made me show him statements from both my accounts to prove I have savings, my father co signed, and THEN his mother called my father. Over the top!!!

Did I mention this place is in vanier on top of it?? Im the best tenant he can hope for in this crap area. Personally I think credit check and a prvious landlord telling him I was an amazing tenant should have been enough.

I finally got the place then 2 days after I move in there is some leak with the roof or something and now I have no drywall on most of the walls and ceilings in my kitchen. I had those dehimidifiers running for a week, people coming in and out. Its supposed to be all fixed up by the end of next week now and Im getting back well over half of what I paid for the rent this month. After all this headache I should get all of it

[dan2x38]

He cannot ask you to move anything except in the hallway (access areas) or outside. It is your personal space. He has no right even to come in without giving a min. of 24 hr. written permission. He cannot look around either. He cannot even come in and make inspections unless it was agreed upon before you rented the unit. He can ask what Bank you deal with but you do not have to supply personal banking information. If he refuses you for this reason you can take him to the Tribunal and he will loss and have to pay a penalty either to the Tribunal or you or even both.

Give him a letter dated asking for the repairs to be completed. If they are not done then you can apply to the OHRT for him to be forced to repair it. You can ask for a rent abatement in your application and you will win that is for sure. They will prorate the abatement for the total time the place was left unrepaired.

Most landlords fear the OHRT becoming involved because they always find more than what was originally complained about. Very few places actually meet the codes set forth by the OHRT, the City, Fire Marshal and Electrical Safety Commission. Only foolish landlords let proceedings get to the Tribunal. Like I said the Landlords Tennant Act strongly supports the tenants I'd hate to be a landlord in Ontario!

[Nerine]

You really should have insurance, it doesn't cost much at all and then the landlord really can't say anything.

You should check with the housing tribunal to see if he can make you get rid of the tank, esp if you have NO insurance. But if you have insurance it shouldn't matter as it would cover the costs of repairs.

Good luck!!

[J]

Unless there was something prior to moving in mentionning "no aquariums" (usually preceeded with no pets), then I seriously don't think he can make you do anything about it.

Do you still want your tank?

[dan2x38]

In Ontario you cannot prevent a person from renting on the bases of pets. So if a lease says that by the Landlords Tenants Act you cannot sign your rights away. Now I am guessing aquariums are not stated exactly in the Act but I would almost bet you could argue it along the lines of a pet so they could not refuse you or make you sign away your rights.

You can get free legal advice from Duty Council for tenants but you have to go to the office on Albert Street. They won't give you legal advice on the phone but will tell you what the Act states on an issue.

[Stussi613]

Even if you sign a lease that clearly states no pets your landlord can't stop you from getting one, nor can they kick you out for having one.  Unless he can prove that there is a high likelihood that your tank is going to go through the floor and damage his furnace (which would mean he would have to fix the floor) tell him to mind his own freakin business.

[Canoe]

It appears that he knows of what you have in your apartment due to the required repairs. Make sure he doesn't "just drop in" to your unit or "here to inspect" without a valid reason and the 24 hours written notice. You have the right of "peaceful enjoyment" of your residence. Check on the Tribunal website to find out what the rules are regarding landlord access and how to enforce them.

Has he provided working smoke detectors?

Does he pop in unannounced, or use his key to let himself in when you're there, with or without knocking?

[elk]

I think this thread should be locked as her tank has been sold.
I dont think CuteJen needs a constant reminder of her landlord every time she logs onto OVAS.

[cutestjen]

Lol! Its ok I started the discusion, I like to hear peoples opinions.

The tank is sold so it is no longer going to be an issue, he hasnt come in without notice but the day I moved in he was here fixing up a few things and thats how he saw the tank. He was fine with it then a day or so later he mentioned it.

The reason he hasnt fixed the dryway on the ceiling and walls is apparently because hes waiting for it to go through insurance The day it happened he said dont worry you will be refunded April rent. Then 8 or 9 days later I sent him an email to see what was going on with that and he says now Im only getting 500 off the rent because it should be fixed up by the end of this week.

I guess Im a bit of a pushover I didnt say anything.

[dan2x38]

Save all correspondence. If you can deal with him through e-mail that is awesome it is as good as taping his replies. You might want to consider contacting the ORHT they will let you know what steps to take. Here is the website: http://www.ltb.gov.on.ca/en/STEL02_111281.html

[Canoe]

... he says now Im only getting 500 off the rent because it should be fixed up by the end of this week.

I guess Im a bit of a pushover I didnt say anything.

That's a big disruption in one's life. On the other hand, it appears you're going to get $500 off without having to do anything. As in, no futher brief, assuming the work is completed promptly and properly.

I would strongly encourage you to find out the various obligations of a landlord and tenant. A little bit of knowledge can prevent a lot of future grief.

[charlie]

Folks can we keep the discussion as it relates to Landlord & aquarium keeping, any other topics outside of aquariums will dictate posting this in the Lounge , which requires one to be a member to post their.
Thanks