Hi everyone, looking for advice on a rental situation in Oshawa, Ontario.
I was looking for a master bedroom to rent and found a house where the master bedroom was advertised/agreed at $1,250/month + utilities. I viewed the place, signed the rental agreement on April 15, and paid first and last month’s rent, so $2,500 total. My move-in date was May 1.
A day before move-in, the landlord called and said the previous tenant in the master bedroom wanted to stay for another month. I clearly told her no, I was not okay with that because I specifically agreed to rent the master bedroom. She said she would talk to the tenant.
The day before move-in, I messaged her again and clearly said I had signed for the master bedroom and was supposed to move in on May 1. She replied that I could move my stuff into the master bedroom, so I assumed the issue was resolved.
When I showed up, she told me the previous tenant was still living in the master bedroom and that I would have to stay in another room for the next three weeks.
I told her that was not okay because I did not agree to rent the other room. I said I could help the other tenant move into the other room, but I could not accept being placed in a different room.
I asked for my money back since she could not provide the room I paid for. She said she “doesn’t do refunds.”
When I said I would go to the Landlord and Tenant Board, she said the LTB would not apply because she has a room upstairs and a room downstairs and “lives here” / shares the kitchen and common areas. However, I feel that she is lying to prevent me from going to LTB. The house is rented out to multiple tenants, and I think she lives nearby in another house.
UPDATE: she has two cases filed against her as a tenant of the house on CanLII. She probably does live in the house, so I guess this is a small claims court issue.
My main goal is just to get my $2,500 back. I did not move into the other room because that is not what I paid for or agreed to. I have all the communication, contract and emails saved.
Questions:
- Should I file a T1 with the LTB for return of money owed, since she took first and last but did not provide the agreed-upon room?
- If she claims she lives there and shares the kitchen/bathroom, does that automatically remove this from the LTB, or would the LTB decide whether the RTA applies?
- If the LTB says they do not have jurisdiction, would Small Claims Court be the right next step?
- Is there anything specific I should include in a demand letter before filing?
- What evidence should I organize besides the contract, payment proof, and text messages showing I only agreed to the master bedroom?
Any advice from people familiar with Ontario tenant law / LTB / Small Claims would be appreciated.