Use Form L5 Or speak with Tenant First

[Nir]

Hi,

I have a tenant who DOUBLED the hydro bill for the entire Triplex(!) since moving in last year when compared to the same months of the previous year before he moved in.

Should I try to discuss the issue with him, show him hydro bills etc. OR just apply to the board using Form L5 without even mentioning that to him?

Normally, I would speak with him first of course. BUT what complicates it a little bit is the fact there are no separate meters so if board approves an increase I can increase everyone`s rent in the building. however since the rest are great long term tenants, I know it is not their fault. Therefore will NOT increase their rents even if I have the approval to do so. I can still increase his rent only. therefore, not sure if I should share the Hydro issue with him as this will explain the future increase to him and that I concluded it`s his fault.

THANKS.

 

[invst4profit]

I would not talk to him about the bill yet.
I would give a 24 hr notice to inspect and see if I can discover what he is doing to drive up the bills. This may not be easy to find and may take more than one visit.
Once I knew what it is I would tell him to stop or I will evict.

You will probably end up evicting anyway.

Chances are he is growing something he shouldnt or is heating the place with the oven.

 

[Nir]

Thanks Greg. with all the issues I hear from you and others about how LTB is against landlords, I am a bit surprised you mentioned that.
if he is heating the place with an oven isn`t it very difficult to prove or close to impossible to evict based on that?

 

[Nir]

I went to the board learned something interesting today:
Apparently when rent is all inclusive including hydro for example, you can increase rent above guidelines without L5 application!
They mentioned something about "section 123 in the act" and "law and regulations 51606".
I can`t believe it. sounds too good to be true eh. well, I still have to read/check it myself..
I`m guessing Adam already knows this by heart
Regards,
N.

 

[invst4profit]

Getting rid of undesirable tenants can be daunting when dealing with the LTB but unfortunately sometimes it is your only option.

They have given you misinformation there is nothing in the act, 123 or otherwise, that will assist you in this situation. This is the reason most LL avoid utilities inclusive in the lease.

Your only recourse is to find out exactly what he is doing and pressure him to stop. Threat of eviction or actually evicting are your only options. My guess is you have a problem that will not be easy to resolve.

 

[housedoc]

Unfortunately, you have no proof it`s him.
Maybe the other tenants have also increased their usage.
Maybe a refrigerator has blown a seal.
Maybe another tenant got a new hobby (plants, fish, reptiles), freezer, or space heater.
Without inspecting all the units, you have no way of knowing.
Speak with all the tenants and inspect all units.

Also, you do realize that rates have increased, as well as `time of use` billing?

 

[Nir]

QUOTE (housedoc @ Feb 12 2010, 04:38 AM) Unfortunately, you have no proof it`s him.
Maybe the other tenants have also increased their usage.
Maybe a refrigerator has blown a seal.
Maybe another tenant got a new hobby (plants, fish, reptiles), freezer, or space heater.
Without inspecting all the units, you have no way of knowing.
Speak with all the tenants and inspect all units.

Also, you do realize that rates have increased, as well as `time of use` billing?

Thank you Greg and Housedoctor,

Housedoctor, what do you mean by "time of use" billing increased?

 

[llee]

QUOTE (investmart @ Feb 12 2010, 05:54 PM) Thank you Greg and Housedoctor,

Housedoctor, what do you mean by "time of use" billing increased?

In some cities including Toronto, Hydro company has installed smart meters. The usage during peak hours will be more expensive than off peak hours. I think that`s what Housedoctor meant.