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Can a landlord raise my rent for replacing a 20+ year old carpet in my London, Ontario apartment?
This is the original carpet that was in the apartment when it was built....the carpet appears dirty and worn in the main traffic areas and despite constant cleaning the dirt reappears. Am I entitled to a new carpet?
Glencair; I was informed by the Super that the landlord would raise my rent by $20/month if he replaced the carpet. No damage has been done by me, it's just worn out...in fact, I've improved the appearance of the apartment...I painted all the walls and balcony, fixed all the cupboards, added shelves, purchased my own stove and fridge, since the ones in the apartment were not working properly...he finally replaced the fridges in the building withy smaller ones, but not the stoves...so I bought my own.
Yes you are. Everything has a life span and subject to normal wear and tear. You don't say if the landlord agrees to install a new one or if they are refusing. They certainly cannot raise your rent for any improvements they make in your unit unless you have damaged something in good working order and it has to be replaced e.g. breaking a sink or toilet, burned a counter top that had no burns etc. I am a landlord and if you need any more specifics - add them to your question.
Source(s):7 years ago
damage control yes they can ,by steve h - 7 years ago
I'm not familiar with Canadian law, but I would assume that if the contract states that the landlord retains the right to raise the properties' rent with advanced notice, they can do so. However, it is likely within a certain $ limit that they can raise the rent as an excessive increase would constitute a material change in the contract and a judge may consider the leasor to be acting in bad faith.
Also, replacing the carpet may be the landlord's responsibility to bear the cost. In the US, landlords are obligated to provide hospitable premises to the leasee. For example, in the case of mold, its a health risk and a landlord's responsibility to provide a habitable premise for the leasee and thus, mold removal & carpet replacement would be the responsibility of the landlord.
Do you have a lease? That could negate any increases unless they were agreed to at signing. Did you approach him about the looks of it? Perhaps he's not aware that it's so bad as he wouldn't have seen it in some time. Also, worn carpet can tear, causing a person to trip and fall, so I would doubt that anybody wants to leave themselves open for a lawsuit ....... Try talking to your landlord first.by Elaine P - 7 years ago
you are entitled to a new carpet or flooring of some kind. and yes, it may be in your lease agreement that upgrades will affect the rent, unless you are lucky enough to be in a rent controlled place.by just curious - 7 years ago