Are you able to answer regarding commercial tenants in Ontario?Are you servicing Ottawa. We haven't filed yet. We are

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Customer: Hello,
JA: Hi. How can I help?
Customer: Are you able to answer regarding commercial tenants in Ontario?Are you servicing Ottawa
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: We haven't filed yet. We are small business in Ottawa and being harassed by the property manager
JA: Have you talked to an Ontario lawyer about this?
Customer: Not Yet. That is why I'm here to ask questions from a Lawyers perspective.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We are small business in Ottawa and we feel threatened and harassed by the property manager. Customer: Chat is completed
Answered by Debra in 5 mins 11 months ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Customer
Hello Debra, I have questions regarding commercial Tenants In Ottawa.
Customer
Hi
Customer
Hello Debra??
Customer
Hello Debra, I have questions regarding commercial Tenants In Ottawa.
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Debra, Expert


I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

Who is the property manager is harassing you have you gone to the landlord?


Customer
Can you please call me, so I can explain our concerns better. Thank you
Customer
here's my number(###) ###-#### thank you.
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Debra, Expert

The call option is an excellent option. If you want to call you have to click on the call button. If you do another lawyer will call you at some point I am sure. I actually don't take calls myself. I prefer to work online with the customer so we can go up and back as much as they need to do.

Customer
Oh, Ok then. So what happened is, the Property manager sent us an email regarding no parking overnight. But we told him that it is not stated in the contract that we are not allowed to park overnight. We told him that based on our contract we are allowed to use two parking spaces in two years. He replied and said that based on their parking regulation it is not permitted for long stay or overnight parking without any permission and threatened us that they will towed away our car if we didn't follow. We have proofs such as pictures and video that there is no signed stating no overnight parking in the area. We are paying our monthly rent and the parking spots is ours. Thus I believe we can park there anytime we want.
Customer
I have also proofs of the property manager threatening us to leave the property, so we are very concern about this as it is affecting our business and my mother's welfare as she wasn't able to work properly last night in the office because she has to stay there overnight, and concerns her that they might tow her car.
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Debra, Expert

Does your lease have a dispute resolution provision in it?

Customer
I don't know. Where is can I find it? Or I can just send you our lease contract.
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Debra, Expert

Please glance through it and see if it talks about mediation or arbitration.

Customer
This is what I only found Under Term of lease: In the event the Landlord and Tenant can not agree on the fixed minimum rent at least two months prior to expiry of the current lease, the fixed minimum rent for the renewal period shall be determined by arbitration in accordance with the Arbitration Act or any successor or replacement act.
Customer
If you may, can I just send you our lease contract so you can review it? Thank you
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Debra, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.


That's OK. I don't have to see it. There's nothing that talks about you're having to go through arbitration for anything except for the rent which means that you can go to court.

Your best next step would be to have a local lawyer send the  landlord a letter setting out the relevant provisions of the lease and demanding that the landlord adhere to those provisions and indicate that if they fail to comply you will not hesitate to seek a court order.

Does that help as a starting point?

Customer
wow, that's a relief. would you able to make us a letter of our concerns so we can send it to our property manager and landlord?
Customer
Also, they don't have the right to tow our car when we park it overnight in our parking spots right?
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Debra, Expert

No they don't because Elise gave you the right to those two spots for the duration of your lease.

I can't write the letter for you because I am retired but if you use the lawyer referral service you could easily find a lawyer to write the letter for you.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Here is a link to the site:

https://lsrs.lso.ca/lsrs/welcome

Customer
Oh, I thought I can ask a lawyer here to make me a letter?
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Debra, Expert

You have to be able to retain a lawyer to have a lawyer do a letter for you. You can't retain a lawyer over the side.

Customer
Oh ok noted. I will now go to the link that you sent to me then. Thank you so much Debra for your help I appreciate it so much.
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Debra, Expert

You are very welcome.

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

Customer
One more question, the property manager also told us not to use the shower in the unit for the reason of it is not residential. But I told him that it's stated in the contract that both parties agreed a finished bathroom with a shower has to be done prior to the day of occupancy and it was honoured and signed by the both parties. But now they are telling us that other tenants are now complaining because of a water leakage. I told him it is not our problem they should contact the landlord not us because there might be wrong to their installation. And now they are telling us that if we don't agreed to their regulations and causing any problem with other tenant or to the building, they are again asking us to leave the premises and brake the lease agreement and they are also asking us to pay with any damage to the landlord or others. This is very disturbing and we feel harassed.
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Debra, Expert

If the other tenants are complaining about leakage then the landlord has to make the repairs. Of course you can use your shower. It's part of your rental unit.

Customer
it doesn't matter if it's residential or commercial right? As long as it is in the contract.
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Debra, Expert

Correct!

Customer
That's great. Is there a website I can check so I can show them our rights as a tenant. And residential or not, showers is fine as long as it's in the contract.
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Debra, Expert

Well it's nothing to do with the type of unit. There is no act that covers you because this isn't a residential units so the only thing that governs is the contract.

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Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

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