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Fighting for the perfect apartment
AyeJaye
Registered User regular
Registered User regular
My friend and I want to move in together and we've found a really good place that's near school and roomy and cheap. It was advertised for August, and that's good-ish for me because the lease on my current apartment ends in September and I want to avoid losing too much money (at the price of the rent it's still a good deal). I'm trying to sublet my old apartment as well but that's not what I need to ask you guys about.
When I went over to give the deposit and application to the building supervisor and as I was doing that he mentioned that the guys living there now wanted to move out early and the owner wanted to do them a favour by moving someone else in in June or something. So I give him the application and the cash and he gives me a receipt that says August on it. My friend tells me that after accepting an application the landlord can't deny us except for credit reasons, and that the place being advertised for August and it being written on our deposit receipt means that he's obligated to give us the apartment. This is in Montreal, Canada by the way. Does this sound right? I spoke to my dad about it and he said that since the landlord doesn't lose any money one way or the other and the lease ends on July 31st that it would be discrimination to deny us the apartment.
It's a really good place and if it wasn't such a steal I'd feel bad about screwing those guys over for those two months of rent money to avoid losing my own two months worth of rent money. My landlord's not helping me find someone to take my apartment before my lease ends.
Do I have a legal basis for becoming an asshole with a great apartment?
When I went over to give the deposit and application to the building supervisor and as I was doing that he mentioned that the guys living there now wanted to move out early and the owner wanted to do them a favour by moving someone else in in June or something. So I give him the application and the cash and he gives me a receipt that says August on it. My friend tells me that after accepting an application the landlord can't deny us except for credit reasons, and that the place being advertised for August and it being written on our deposit receipt means that he's obligated to give us the apartment. This is in Montreal, Canada by the way. Does this sound right? I spoke to my dad about it and he said that since the landlord doesn't lose any money one way or the other and the lease ends on July 31st that it would be discrimination to deny us the apartment.
It's a really good place and if it wasn't such a steal I'd feel bad about screwing those guys over for those two months of rent money to avoid losing my own two months worth of rent money. My landlord's not helping me find someone to take my apartment before my lease ends.
Do I have a legal basis for becoming an asshole with a great apartment?
delicious.
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No lease, no apartment.
An application is just that. It's not a binding agreement; IE: Turning in an application for employment doesn't mean they are required to hire you.
In Ontario, the rental application is merely a way for the landlord to collect information to determine if he would like to enter into a lease with you. By submitting the application, you are legally obligated to now sign the lease; however, the landlord may still deny your application.
He can deny it for a number of reasons, including "income information, credit checks, credit references, rental history, guarantees, or other similar business practices as prescribed in those regulations.URL="http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06r17_e.htm#BK11"]cite[/URL"
You would have a tall order on your hands to prove that he denied your application based on discrimination. Even still, if you won, would you want to live there anyway?
He has the power, as he can simply say he does not want to rent to you based on your rental history. That could mean you don't have enough, you move too often, you don't move enough, basically anything he wants to make up.
Edit: For example, many landlords will not rent to students. This is flat out discrimination, yet they get away with it. It's easy to say, "The tenant's lack of steady income is a concern." That's enough.
I know and I am the one telling my friend that living with a pissed off landlord sounds like a terrible idea but he is really sure about this. His dad is also a property manager for a couple buildings and he says that this checks out. He said that because the landlord doesn't lose anything he shouldn't care one way or the other but it's obvious he does since he basically gave the other guys the apartment. Meanwhile I'm convinced that we're going to end up being assholes that don't have a legal leg to stand on. It's just weird that I've told him repeatedly that we haven't signed the lease and he's all like "chill dude i got this".
I'm just going to wait for him to do his own share of the talking to the landlord. Thanks guys.
I'd still appreciate any input from someone who knows Quebec's policy on this.
I will check that out with my super, thanks for reminding me of the possibility.
Check it out.
I am telling you right now, the landlord can make ANYTHING up he wants about why he didn't rent to your friend. You're shit out of luck.
"Based on his employment, I do not feel his income is stable enough."
That's all he needs to say, and that can apply to anyone.
Sorry, I always forget that not everyone who lives in Quebec can speak/read French.
But once again, you're not going to get anywhere with this. He can deny you the apartment if he chooses, and he can make up any reason as long as it complies with the Human Rights Code. "Rental history" is a major one, since he can slant that any way he likes. You've only lived in student housing? You've never lived in student housing? You've only lived in one other apartment? You've lived in too many apartments? Do you see where I'm going with this?
And shit, even if you did have a case, what do you think is going to happen? You're going to take this guy to court and force him to let you live in this apartment? Sounds like a wonderful situation for you in the long run.