Rolling Chassis In Apartment | GTAMotorcycle.com

Rolling Chassis In Apartment

R

Rockwell

Well-known member
To make a long story short, I am storing some motorcycle parts in my apartment. It is basically a motorcycle frame mounted on two wheels (a rolling chassis). The engine has been completely removed along with the gas tanks and oil tanks. There is no fuel, oil or any other combustibles, so it poses no danger or fire hazard. The approximate weight is less than 300 lbs. (I have friends over who weight this much).

My landlord has expressed that she wants it out, and that neither the porch nor the apartment floor is made to withstand the weight of it (even though this is not true). Since I currently have no other place to store these items, I have not removed them from my apartment. Because of this, my landlord has sent me a notice of eviction. I know that she will have to apply to the Landlord and Tenant Board to prove that I am, as is claimed in the notice, interfering with the legal rights and/or enjoyment.

I am wondering what legal basis my landlord has. I have not violated any of the terms of my lease agreement, as far as I can tell after reading through it, and I am not aware of any law or regulation that prevents me from storing this motorcycle chassis in my apartment.

I would prefer to have my motorcycle parts stored elsewhere, but, on top of the high residential rental prices, I am not currently able to afford garage or storage space.

Can anyone give advice regarding my legal rights and how I should proceed?
 
Dismantle it, put it in cardboard boxes and store it in a cupboard, invite them in for inspection and see if it passes.
 
Is your apartment, in a rental building or a private home? If in a multi unit building, then all the landlord do, is show that one of the other tenants "feels concern", and as such is unable to enjoy their residence.

The issue, the LTB, (Landlord Tenant Board), may rely upon is that by having a chassis, inside your unit, it is impossible for them to know for sure, "when you will begin to assemble, the bike" Which would then present a danger to other tenants.

Either way, you can only expect a "toxic" relationship going forward, with your landlord. They will continue to look for any excuse, to get you out. The last thing you want is an eviction, on your record. At least the LTB, no longer publishes, the names of those who have been evicted.

But, any decent landlord will contact your last landlord, as a reference, and there is nothing to prevent your current landlord, from "running their mouth", (as long as they only state facts.

I would recommend, begin looking for a new place to live, or be prepared to live under increased scrutiny.

The saving grace is that the LTB, is much more tenant friendly, than they are towards landlords. Just because the landlord issues an eviction notice, you do NOT have to move until after a hearing before the LTB. In the meantime, ensure you are a "model tenant." IE rent paid in full, on time, park where your assigned, dispose of trash and recycling as required by the landlord, NO loud music or parties, etc etc etc
 
hedo2002 said:
Is your apartment, in a rental building or a private home? If in a multi unit building, then all the landlord do, is show that one of the other tenants "feels concern", and as such is unable to enjoy their residence.
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I live in a 6-plex.

I think any concern has to be reasonable. For example, there are actually people who "feel concern" about living next to Muslims. This concern is not a reasonable one, and, therefore, it is not grounds to evict a Muslim tenant. The concern is not justified.

Regarding assembly - is even having a fully-assembled bike in violation of anything? The only reasonable thing I can see is if there is oil or fuel in the apartment. This may be a safety issue and/or fire code violation.

I do expect to have a toxic relationship with this landlord. I have looked at new apartments, but rents have continued to go way up since moving in here, so it's not really an option. This is part of the issue I think. My landlord does not have any real incentive to keep existing tenants. With existing tenants, the landlord is limited rental increases of 1.8% per year, which is far less than how much rents have been increasing. With new tenants, she can raise the rent to whatever someone is willing to pay. My one neighbour is a 75 year-old woman who has lived here for 36 years. She lives on a fixed income and has expressed to me her concern that the landlord keeps raising her rent each year (in accordance with regulation), and that she may not be able to afford her rent if it continues to rise. This 75 year-old woman shovels the snow and ice in the winter on the long walkway around our apartment, and the landlord pays her $50 for the entire winter to do it. First, this woman should not be responsible for shoveling and clearing snow and ice at her age, but she does it, and all she asks of the landlord is that she doesn't raise her rent. The landlord tells the old woman that the bank told her that she must raise her rent, which is complete horse-****. The landlord is slime in my opinion. The landlord knows that, if the old lady is forced to move out, she can double the rent for that unit based on current market prices. This is what we are dealing with.

I am pretty much a model tenant. I understand that I am going to be under increased scrutiny, but so is our landlord. I'm ready for a fight. I have spoken with the other tenants and they have had issues getting repairs and maintenance done. The old lady has been waiting for 3 years to have her ceiling repaired form a previous leaking toilet on the floor above. The people above me have had problems getting the roof repaired from a leak that occurred prior to them moving in over a year ago. I have been here for two winters, and our driveway never gets cleared of snow or ice. It's literally an ice rink in the winter. The girl above me was pregnant this past winter and fell on the ice. If there is going to be increased scrutiny, my landlord has a lot more to worry about than I do. She's a slum-lord, and a bully, and sometimes you have to stand up to people like this.
 
Document the hell out of everything. Pics of bike in apartment, pics of gas tank stored somewhere else, copy of lease, list of perceived shortcomings including dates and names etc. I haven't had to deal with LTB, but most quasi-judicial authorities respond much better to things that are closer to facts than "but they are mean to the old lady sometimes".

I recommend your neighbour stop clearing the ice. If I were you I would pay her the $50 just for my own piece of mind as she needs it more than I do.

What does your lease say about clearing the snow? I would be surprised if it says the landlord is responsible for clearing the snow and ice (important to know before you bring up complaints at LTB that could be thrown back at you as the lease says that is your job).
 
Rockwell said:
Regarding assembly - is even having a fully-assembled bike in violation of anything? .
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I expect the lease clause if there is one, will say something to the effect that gas powered vehicles are not allowed to be stored inside the living quarters, or must be stored in a garage or storage facility where it exists.
Rolling chassis is convenient for you but is too easy recognized as a motorcycle :/ non-motorcycle people hate motorcycles.
 
GreyGhost said:
Document the hell out of everything. Pics of bike in apartment, pics of gas tank stored somewhere else, copy of lease, list of perceived shortcomings including dates and names etc. I haven't had to deal with LTB, but most quasi-judicial authorities respond much better to things that are closer to facts than "but they are mean to the old lady sometimes".

I recommend your neighbour stop clearing the ice. If I were you I would pay her the $50 just for my own piece of mind as she needs it more than I do.

What does your lease say about clearing the snow? I would be surprised if it says the landlord is responsible for clearing the snow and ice (important to know before you bring up complaints at LTB that could be thrown back at you as the lease says that is your job).
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I told my neighbour that I'd pay her $100 so that she doesn't need to clear the snow. I also told her that she doesn't need to worry about having to move out of her home of 36 years. If she is ever not able to cover her rent, I will help her. This will likely cost me less than $50 per month.

My lease doesn't say that I am responsible for clearing snow, but the law states that the landlord is responsible.
 
Trials said:
I expect the lease clause if there is one, will say something to the effect that gas powered vehicles are not allowed to be stored inside the living quarters, or must be stored in a garage or storage facility where it exists.
Rolling chassis is convenient for you but is too easy recognized as a motorcycle :/ non-motorcycle people hate motorcycles.
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It's not a gas-powered vehicle if there isn't an engine in it. It's a frame with wheels, which is basically like a big bicycle. My engine is out of it, but it sitting separately on a piece of plywood. This is just an engine with no gas or oil. It's just another collection of motorcycle parts. And even then, I wonder whether or not, if the bike was fully assembled, it is in violation of anything if it's not causing any damage, is poses no harm, and is free of combustibles. As GreyGhost expressed, "...judicial authorities respond much better...to facts". If a rolling chassis appears to be a motorcycle, it's not, in fact, a motorcycle; and then, even if the motorcycle was fully assembled, what do the facts say about having inside the unit (as long as it's safe and free of combustibles)? This is what I have been trying to look into.

I did checked my lease, there is nothing in there that specifically prevents me from having this in my unit.
 
As long as the fuel tank and the battery are removed I don't see that they have a case. If there's nothing in your rental contract, and nothing in the law, I can't see an eviction. You need to go see a lawyer and have him send them a letter warning that any further harassment will result in charges against the landlord. You have to take the offence with these things.
 
Roadghost said:
As long as the fuel tank and the battery are removed I don't see that they have a case. If there's nothing in your rental contract, and nothing in the law, I can't see an eviction. You need to go see a lawyer and have him send them a letter warning that any further harassment will result in charges against the landlord. You have to take the offence with these things.
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There is nothing in my lease as I read it, and no law that I am aware of. But there may be something that I am unaware of.

If I could afford a lawyer, I could probably afford a storage locker, and that's where I would move the bike/parts. I am corresponding with my landlord almost solely through email, so I have a record of everything. I just sent the landlord the following response to this notice:

Hi Ruth,
Thanks for sending Chris by to fix the drain pipe and change the front locks.

Regarding the motorcycle parts in my apartment: I would prefer to have them stored elsewhere, but am not in the position to afford a storage locker at this moment. I thought that storing them on the porch would be a reasonable solution, but you did not agree to that since, as you stated, neither the deck nor the apartment floor were constructed to support the weight of these parts. This statement was made despite knowing neither the load-bearing capabilities of either, nor the weight of the motorcycle parts. I have spoken with my friend, who is a professional mechanical engineer who does structural design work, and he is willing to provide expert advice regarding this. I could put you in contact with him if you are interested. Also, as previously stated on several occasions, the one sealed fuel container has already been removed. I feel I have been clear on this point. I should again stress that there is no fuel, oil or any other combustible substance being stored. This is simply a metal frame on wheels, the weight of which is approximately that of a large person (just under 300 lbs.). It poses no harm and is doing no damage.

If you can point to any specific clause in either our lease agreement, The Tenant Protection Act, 1997, or The Residential & Tenancies Act, 2006, that states that I am in some sort of breach, please do so. I want to know. Otherwise, I will conclude that I am not in violation and am operating within my rights.

Of course, you are free to apply to The Landlord & Tenant Board regarding this issue, where you will have to prove that I am, in fact, "substantially interfering with" your "reasonable enjoyment of the residential complex", or "lawful rights, privileges, or interests". A failure to do so could constitute harassment and threats (of eviction), which is a violation under the Residential & Tenancies Act, 2006 c.17:

Landlord not to harass, etc.
23 A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant. 2006, c. 17, s. 23.
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Have a good day.
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You shouldnt mention about not having funds for a storage locker. You want her to think you have funds to pursue the matter.

IMO you have 2 choices moving forward.
1. Get rid of the bike or put it in boxes hidden from her or at least cover it up. Continue to enjoy your "cheap" rent and live stress free.
2. Let her know you will fight her in court. Document EVERYTHING. No verbal contact via phone, only email.
Tell her that her meddling in this has caused you undue hardship and depression. Threaten her with a civil suit.

She pays a 75 year old woman $50 a season to shovel snow to guarantee her spot in the apartment. Sounds like something the news media would be interested in ;)
 
Put a set of pedals on it and call it a bicycle. At that point, that's more or less what it is.

Joking aside, I think the landlords assertion that the floors "won't hold the weight" will be laughed out of the tribunal. There are televisions that used to weigh more than some motorcycles. Three 200# people sitting on a couch together (nobody would think that to be impossible to ever happen) would be over the weight of many MC's right there, especially when you include the weight of the couch itself.

It's a stupid argument. Go armed with some weight comparisons for common household arguments to politely blow that one out of the water.

I agree with others, if you're going to fight it, do it factually and correctly - be very clear with photos and such that there is NO powertrain on the bike - NO oil, NO gas, only the equivalent of bicycle for all intents and purposes, going back to my initial point. As if it was fully disassembled (frame, tires, etc etc all loose) if there would still be a problem? In the landlords head, if it's only "the sum of the parts" constitutes a concern for him, ask why. Again, the tribunal will probably listen intently to his justification.

This all assumes there's not "more to the story" which you're not sharing with us here and the motorcycle thing is the last straw that the landlord is using to evict you.
 
What's her name?
Maybe look up if she owns other properties and in a round about way, let her know that you have some time to go around to her other buildings to survey whether she is a good LL or a slumlord and open a can of worms?
 
The story started off as a rolling chassis, then it turns out there was a gas can there (now removed) and the engine is also sitting there on a separate piece of wood.

Should've sweet-talked the landlady before bringing the bike in.

If you like the price and location, you should respect the owner and stop using your apartment as a garage.
 
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