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Grandfather Clause?

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nightowl88

Junior Member
I live in Canada and am renting a basement unit with my boyfriend and the landlord lives upstairs. Upon signing our lease, the landlord stated that he only uses one spot in his driveway and we are free to park in the other. This statement was not, however, in the actual contract. We have been using that spot several days a week for a year and half. A couple months ago he sent me a text message asking me to remove the car after a snowstorm so the snow could be removed. Then we are free to park there afterwards if needed. These are his exact words. A couple days ago he sent me a message saying that we are no longer allowed to park in his driveway and to remove the car immediately. When I asked why he told me to think for myself and I should be able to figure it out. If not he will not tell me as he doesn't want to discuss it, then demanded, again, that I move the car. The only thing I can come up with is that he expected us to shovel the snow under the car. Firstly, he did not even come close to a request for us to do this when he said that bit about snow removal and secondly, in Ontario law snow removal is the landlord's sole responsibility. My boyfriend and I are very flexible and helpful tenants and would have no problem helping out with snow removal but the request was not made and the snow shovel is located on his portion of the property. Technically, I would have to trespass to use the shovel. Do we have any right to this parking space because the parking privilege was "grandfathered" into our lease by way of consistent and approved use?
Thanks for any answers :)
 


Silverplum

Senior Member
I live in Canada and am renting a basement unit with my boyfriend and the landlord lives upstairs. Upon signing our lease, the landlord stated that he only uses one spot in his driveway and we are free to park in the other. This statement was not, however, in the actual contract. We have been using that spot several days a week for a year and half. A couple months ago he sent me a text message asking me to remove the car after a snowstorm so the snow could be removed. Then we are free to park there afterwards if needed. These are his exact words. A couple days ago he sent me a message saying that we are no longer allowed to park in his driveway and to remove the car immediately. When I asked why he told me to think for myself and I should be able to figure it out. If not he will not tell me as he doesn't want to discuss it, then demanded, again, that I move the car. The only thing I can come up with is that he expected us to shovel the snow under the car. Firstly, he did not even come close to a request for us to do this when he said that bit about snow removal and secondly, in Ontario law snow removal is the landlord's sole responsibility. My boyfriend and I are very flexible and helpful tenants and would have no problem helping out with snow removal but the request was not made and the snow shovel is located on his portion of the property. Technically, I would have to trespass to use the shovel. Do we have any right to this parking space because the parking privilege was "grandfathered" into our lease by way of consistent and approved use?
Thanks for any answers :)
We only do USA law here.
 

Just Blue

Senior Member
I live in Canada and am renting a basement unit with my boyfriend and the landlord lives upstairs. Upon signing our lease, the landlord stated that he only uses one spot in his driveway and we are free to park in the other. This statement was not, however, in the actual contract. We have been using that spot several days a week for a year and half. A couple months ago he sent me a text message asking me to remove the car after a snowstorm so the snow could be removed. Then we are free to park there afterwards if needed. These are his exact words. A couple days ago he sent me a message saying that we are no longer allowed to park in his driveway and to remove the car immediately. When I asked why he told me to think for myself and I should be able to figure it out. If not he will not tell me as he doesn't want to discuss it, then demanded, again, that I move the car. The only thing I can come up with is that he expected us to shovel the snow under the car. Firstly, he did not even come close to a request for us to do this when he said that bit about snow removal and secondly, in Ontario law snow removal is the landlord's sole responsibility. My boyfriend and I are very flexible and helpful tenants and would have no problem helping out with snow removal but the request was not made and the snow shovel is located on his portion of the property. Technically, I would have to trespass to use the shovel. Do we have any right to this parking space because the parking privilege was "grandfathered" into our lease by way of consistent and approved use?
Thanks for any answers :)
What do you NOT understand about : US LAW ONLY: ???????
 

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