Never rented a place...Need Landlord help please!

[roseofblack25]

Okay so here is the situation. My lease officially started Saturday. I gave a certified cheque deposit for first and last rent. The landlord is now refusing to let me move in without 10 post dated cheques. The cheques have been ordered but could take up to 10 days to get here I was told. I am also aware that it is illegal for the landlord to demand post dated cheques, however it is written in the lease that I will provide 10 post dated cheques.
Can the landlord legally refuse to let me move in since they have my rent money for first and last and I am technically now paying for the first month of the place? The landlord won't hand over the keys unless I hand them 10 post dated cheques. I'm beginning to think signing this lease was a huge mistake but the landlord seemed nice when I met them and signed...I am just afraid that they maybe took my money and ran kind of thing the reason I am getting excuses why I can't have the keys and move in right now without the cheques. Is there anything I can do to be able to move in without providing post dated cheques? Kind of freaking out a bit...

[Brad]

Would be helpful if I knew which province you are in as I believe the law differs between provinces.

[roseofblack25]

Would be helpful if I knew which province you are in as I believe the law differs between provinces.

I'm in Ontario.
I've read through the tenant act and everything and know now that demanding post dated cheques is illegal though not illegal to ask for them. I have no problem providing them when they get here but I just feel like I'm being taken advantage of since my rental agreement started on the weekend and I'm technically paying about $30 a day for a place I'm not allowed in! Plus my tenant insurance took effect on the weekend for this place as well.

[lecale]

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[i_forget]

thinking....

[ellis123]

Call the rent board in ontario.They should provide some help and if you call you MP office and report it also

[roseofblack25]

Long time renter, always moving around, here...

Can you clarify: either A) your lease started on the 23rd of June and you are paying 100% of first month's rent for June, and your first post dated cheque for July 1?

Or B) are you paying first month's rent for July and 1st post dated cheque for August 1?

If the apartment is vacant, "usually" the landlord will let you either move in early (a gift) or allow you to move in paying a pro-rated amount (say 1/4 of a month's rent since you are starting your lease a week early) If you are paying the full month's rent for June, I would say this is not convention and a bit of a rip off. However it is legal, I believe. It's just not nice an the landlord may have taken advantage of you in this case. If you are paying your "first" for June, you should have the keys, period. If you are paying your "first" for July, it's just a nicety that the landlord would allow you in early.

My lease started on the 23rd. The rental agreement says rent is the 23rd of each month. So my first months rent has already kicked in and is from the 23rd of June until July 22nd so I thought legally my first month is paid up and they shouldn't be requiring more money until at least the 22nd of next month for July 23rd when rent would be due again?

Call the rent board in ontario.They should provide some help and if you call you MP office and report it also

I have the number ready to go if they still refuse tomorrow. Would I call the MP in the city I am moving to? I'm in a completely different city right now (same province though).

[lecale]

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[i_forget]

I would personally calculate any expenses that were incurred and deduct it from future rent. I would NOT give him post dated cheques. He has no right to demand those as a condition of moving in. Technically he has broken the lease by refusing you entry, so you could walk. I would find another place and sue him for moving expenses, expenses incurred (hookup fees etc) and the reimbursement of your first and last months rent as well.

If this is the way he is acting over some post dated cheques, imagine how he would be if you needed repairs done??? If you do move in, take pictures of EVERYTHING so that he cannot come back at you and sue you because of the condition of the apartment. There are a lot of slimey landlords out there.

[Ciel]

You'd want to call the MPP for your rental area and if you happen to have a representative who is active on behalf of his or her constituents, bonus.
The MPPs who are in the Liberal Party and also Ontario Government:
http://www.ontariotenants.ca/government/mpp.phtml

To find other MPPs:
http://ontla.on.ca/web/go2.jsp?Page=...e=en#tabdetail
Ridings by name in Toronto are (think I have almost all of them):
Beaches
Trinity Spadina
Scarborough*
Toronto*
Etobicoke*
York*
Don Valley*
St. Paul's
Davenport
* all ridings begining with

[i_forget]

Oh yeah and do not sign anything about the condition of the apartment if you do.....an old friend of mine signed a document saying she was taking her old place "as is". No pictures were taken and she lived there for 7 years. She made improvements to the place and removed them upon leaving as she was not given anything towards the improvements. They ended up suing her for $8,000 for damages from the previous tenants.

[roseofblack25]

Weird dates, but you are absolutely right: you are paid up and the apartment is yours. You should have the keys. The landlord has no right to request post dated cheques as a condition of moving in.

I would call the landlord this evening and say: I was confused about our arrangement so I called a renter's hotline. They say since the tenancy is in effect, I should have access to the premises I rented. I will come by tomorrow at (time) to pick up my keys. Will you be there? As I mentioned, I've ordered cheques in time for my next month's rent and will present you with the post dated cheques then. So is it ok that I drop by at (time)?

Use social pressure (I'm coming over for my keys and nothing's gonna stop me!) rather than pick a fight with your brand new landlord. I suspect that they are simply ignorant because a pro landlord would not rent on odd dates because it makes keeping track of things crazy. Make an appointment to hand over the post dated cheques in a couple of weeks at the same time to make them happy. Assume they are doing what they are doing because they don't know better.

If you can't use sugar and spice to make arrangements to pick up the keys immediately, just call city hall and they will direct you to whatever renter's resource is in town. And you officially have a problem.

At this point tonight it's too late to do that so first thing tomorrow. If I don't get anywhere then I guess I have no choice but to call and report them if I am met with a ton of excuses why I can't move without the cheques again.

I would personally calculate any expenses that were incurred and deduct it from future rent. I would NOT give him post dated cheques. He has no right to demand those as a condition of moving in. Technically he has broken the lease by refusing you entry, so you could walk. I would find another place and sue him for moving expenses, expenses incurred (hookup fees etc) and the reimbursement of your first and last months rent as well.

If this is the way he is acting over some post dated cheques, imagine how he would be if you needed repairs done??? If you do move in, take pictures of EVERYTHING so that he cannot come back at you and sue you because of the condition of the apartment. There are a lot of slimey landlords out there.

I wish I could do that and find another place, but my one roommate is technically homeless at the moment because of this refusal to let us move in. I'm lucky in that I have a place to live until this is sorted out. If this doesn't happen tomorrow I am going to be getting in touch with anyone I can to figure out what to do in this situation.
BTW this is a condo owner renting to us...I hope we still have the same rights as tenants and the tenant board?

[roseofblack25]

Oh yeah and do not sign anything about the condition of the apartment if you do.....an old friend of mine signed a document saying she was taking her old place "as is". No pictures were taken and she lived there for 7 years. She made improvements to the place and removed them upon leaving as she was not given anything towards the improvements. They ended up suing her for $8,000 for damages from the previous tenants.

I haven't signed anything except the lease and all it say on one page is that we verify that the appliances are in good working order upon move in and that they must be in the same condition when we move out. Plus there is something saying we can't put holes in the walls to hang things.

[roseofblack25]

I'm just frustrated with this entire thing...not to mention PMS'ing at the moment so all the little things about this are just p!ssing me off to no end. I'm actually not looking forward to a year lease with this landlord if it's taking this much effort to even move into the place.

[cath007]

Hug...my owner did suggest me to do post dated checks because she know it is illegal....how cheap is that lol...