Archive for the ‘Landlord and Tenant News’ Category

TAKE ACTION! Ontario Landlords Need To Be Protected From Legal Marijuana

Saturday, August 4th, 2018

Marijuana Will Be Legal In Canada On October 17th, 2018 And The Current Rules Allow Ontario Tenants To Smoke Weed In Our Rentals and Even Grow Plants!

Experienced, Veteran Ontario Landlords Say This Will Lead To Disaster For Small Landlords Across Ontario.

Other Provinces Have Made Changes To Protect Landlords…And We Need Changes Too!

Ontario Landlords Need To Be Protected From Tenants Smoking Weed In Our Rental Properties and Growing Marijuana Plants. 

We Also Need A New Quick And Efficient Way To Evict Tenants Who Smoke or Grow Causing Huge Problems for Other Tenants In the Unit.

We Need To Protect Landlords, Our Tenants, and Those Investing in Rental Properties in Ontario!

Let Premier Ford and Housing Minister Clark Know We Need Urgent Changes. 

(click the above image to Take Action )

Ontario Landlords Need To Be Protected From Legal Marijuana

Saturday, July 28th, 2018

We Need Changes To the Residential Tenancies Act and the Landlord and Tenant Board to Protect Our Rental Properties From Marijuana Smoking and Plant Growing

Ontario residential landlords continue to face a lot of challenges. For years we have dealt with unfair rules that are biased against landlords and can cause us to face many sleepless nights. It can also lead us to lose tens of thousands of dollars.

Now we have a new challenge in 2018. It’s so important that one experienced and successful Ontario landlord said it is “one of the biggest issues for landlords in 20 years.

Laws Are Already Unfair For Ontario Landlords

The rules are already out of whack for landlords across Ontario. For example, we can’t charge a damage deposit and as this Ottawa landlord found out it can lead to renters who move out leaving big, expensive damages behind.

Also, since 2017 just about every residential rental property is covered by rent control. Not only are we all covered, but the legal rent increase guideline was ‘capped’ at 2.5% for landlords no matter what the rate of inflation is.

An OLA member wrote on the Ontario Landlords Forum inflation is very high but landlords are stuck at a maximum rent increase of 2.5% no matter what. If it wasn’t for OLA lobbying the amount would have been even lower! And those who have tried to go for above the guideline rent increases know how difficult that is as most applications are rejected. You can’t even do it for the rising cost of utilities.

This is only a small sample of the issues we face as the previous Ontario government seemed to be trying to get ‘tenant votes’ instead of fixing the rental industry to help both good landlords and good Ontario tenants.  But it didn’t work in the last election as good tenants are aware landlords need some power oversee their units (and protect tenants who ask for help).

Ontario Tenants Can Soon Smoke Weed and Grow Plants In Our Rental Properties

On top of everything else will soon have to deal with the issue of legal marijuana. While other provinces have made important changes to protect landlords this hasn’t happened in our province. 

For example, did you know:

1. Tenants Without “No Smoking Clauses” Will Be Able to Smoke Marijuana

That’s right. They will be able to light up in your rental unit causing smells and other damages. Just imagine how this will  negatively impact your rental business.

2. Tenants Will Be Able To Grow  Marijuana Plants in Your Rental Property

Tenants will also be able to grow up to four plants in the rental unit.  This will lead to mold, extra power usages and potential nightmares for landlords. As one OLA member wrote in the Ontario landlord forum: “tenants can say four plants but it could be a lot more as they have all the heating, lighting and other infrastructure set up! This will be a disaster!”

Even Good Tenants Might Cause Big Problems (And Think They Aren’t Doing Anything Wrong)

“I’m just following the rules so give me a break!”

Imagine a long term tenant decides to smoke some weed. Even good tenants will tell their landlord “I’m just following the rules”. Meanwhile, their smoking can bother other tenants in the unit and damage the property.

And they can grow plants leading to dangerous humidity and extra power usage. Your tenant can say “what’s the problem, I’m growing some marijuana plants in the apartment and it’s legal.”

Why Do Ontario Landlords and Tenants Have These Ridiculous Laws?

The current rules regarding marijuana smoking in rental properties were provided by the now defeated Liberal government.  So do not blame the PC government.

The Liberals who held power the past 15years constantly took the “tenants side of things” and often disregarded the serious concerns of small residential landlords and investors. They were nonchalant when we made it clear their policies not only hurt good landlords and good tenants it stopped many really good people from investing in Ontario rental properties.

Some members wrote the previous regime not only wanted tenant votes but they seemed to “disrespect” hard working small landlords. Furthermore, they refused to distinguish the important difference between small landlords and huge corporate landlords. 

How can you compare a small time investor with a condo or renting their basement with big corporate landlords with scales of efficiency, millions of dollars in the bank, and their own legal teams?

If it wasn’t for the hard work of Ontario Landlords Association members the rules for landlords would have been even worse than they are now!

We Need New Rules To Protect Ontario Landlords From Legal Marijuana

We need urgent changes to the Residential Tenancies Act. We wrote about marijuana before and received thousands of emails. Our members have a lot of great ideas of what is needed to protect landlords, encourage investors, and protect tenants.

It’s important that we get new laws and rules that are based on the experiences of real landlords who have ‘skin in game’ by investing their money and time in being landlords in Ontario.

These ideas include:

1. Blanket Bans On Smoking and Growing Marijuana in Rentals

Some of our members want new laws to prohibit smoking of any kind in rental properties. Growing marijuana plants would also be 100% prohibited.

2. No Smoking Clauses Be Put In The Leases Of All Existing Tenants

Currently current tenants without “no weed” clauses can smoke and grow plants. Some of our members want all current tenants be required to sign a new lease stating they are not allowed to smoke week or grow plants. Or even better, automatically all existing leases will have legal “no smoking clauses.”

3. Super Fast Evictions For Weed Smoking/Growing

Many landlords wrote that we need a new way to quickly evict a tenant who is smoking weed and/or growing plants.

Expert, veteran OLA members say an attempted eviction for even smoking cigarettes can take months (while the tenant still smokes during the long delay) and the eviction will even often fail. We need a fast and efficient way to evict people who break the rules.

This would require a new form where if you are smoking the landlord could apply for a quick eviction after 24 or 48 hours if the tenants don’t change their behavior.  Let’s call it the W1 (Weed 1)…or even better the OLA-24 for 24 hour notice to stop smoking marijuana or automatically be evicted with no right to make up excuses!

4. A Legal Damage Deposit To Protect Us From Potential Damages.

It can cost over $5000 to get a rental professionally cleaned to get rid of the smell of marijuana . When a tenant wants to move we have to find a new tenant.  And many new tenants will simply not rent a place that reeks of weed. There can also be mold and other damages from tenants growing plants.

OLA Action Led To A Historic Vote For A  Legal Damage Deposit in 2011

Many people are unaware that in 2011 the OLA educated the PC party and the OLA got a damage deposit bill to a vote in the Ontario parliament.  This was historic! (And the corporate landlords were no where to be found).

However, the Liberals and the NDP voted against it.

One NDP member told the OLA “there are lots of cheap apartments in Toronto so your arguments don’t make sense.” 

Okay, how is the vacancy rate in Toronto now? Are the rents still “cheap?” We warned the Ontario government that if they didn’t make changes the vacancy rate would drop and rents would sky-rocket…and this was in 2011!

5. These Are Just Some Of The Ideas From Small Landlords Who Have “Skin in the Game” & Are Worried

There are many other ideas from not only long term landlords, but people from around the world who have come to Ontario and invested here. We all want to make Ontario “open for business” and that means protecting landlords, tenants and investors.

We Need Changes To Protect Ontario Landlords From Legal Marijuana Smoking & Growing

Marijuana Will Be Legal On October 17th, 2018.  Tenants are renting and should not have the same rights as if they owned the property themselves. Tenants are paying to use a property owned by someone else and the owner has to protect their investment.

Property owners need rights too. If we don’t who will buy rental properties in Ontario?

This is not about landlords “wanting power to control tenants”.  Many OLA members used to rent. We were great tenants and many of us dealt with great landlords (and some not so great) ourselves. This is about about protecting our rental investments and protecting other tenants. While other provinces are acting to protect landlords, Ontario has yet to act.

This is a key issue which will have dramatic consequences if the rules are not changed to protect landlords. Investment will drop and many current landlords will simply sell and leave the industry.

Let’s Take Action To Protect Ontario Landlords To Improve the Ontario Rental Industry!

Rent Increase Guideline 2019 – Ontario Landlords Can Raise the Rent 1.8%

Friday, July 6th, 2018

ontario landlords assocation rent increase guideline 2019

How Much Can Ontario Landlords Raise the Rent in 2019? It’s 1.8%

To Ontario Landlords Association and Members: 

The Rent Increase Guideline for 2019 is 1.8%. This is for increases between January 1st, 2019 and December 31, 2019.

This guideline applies to most private residential units covered under the Ontario Residential Tenancies Act. Rent can be increased for most cases (i) twelve months after the last rent increase (ii) a tenant first moves in. 

Please notify your province wide landlord community.

Ontario Landlords, Does A Maximum Rent Increase of 1.8% Cover Your Costs?

Many landlords continue to tell us about their ever rising costs and how hard it is to cash-flow these days. Whether its fees, taxes, maintenance costs, paying for painting and other things to keep your rental nice to keep your tenants, the reality is things are getting more expensive in Ontario. Everything else seem to keep going up by a large amount, except rents!

We Need A Better Way To Be Able To Increase Rents to Make Our Businesses Profitable (or at least keep up with rising costs)

The 2019 rent increase guideline is a continuation of the 2018 guideline.  We have a new government in charge and we need a new way to make sure good landlords can continue to run our rental businesses.

A rent guideline of 1.8% just isn’t reasonable if we want more people to invest in rental properties and if we want current landlords to be able to do what is needed to maintain and improve the current rental stock. It’s also more difficult to raise the rent above the guideline even if you have rising costs.

Are You Going To Raise the Rent in 2019?

If you have current tenants the rent increase guideline means you can only raise the rent by 1.8% with proper notice. We need your help to improve the way good landlords can do business in Ontario.

Let’s improve the Ontario rental system to help both good landlords and good tenants. With a new business friendly government that is open to new solutions make sure you let us know what your ideas are to improve the way rent increase are handled.

We Need To Support Ontario Landlords!

By protecting current landlords and encouraging more people to invest in rental housing we will protect the current supply and have a lot of new supply that will give Ontario tenants more options and better landlords.

Slamming small landlords and not protecting us as business people hasn’t worked in the past. In fact, it was a dismal failure with many landlords selling even within one or two years!  We need new ideas and new methods to make Ontario rentals great again. Let’s get it done!

You Can Help Fix The Ontario Residential Tenancies Act & The Landlord And Tenant Board!

Friday, June 8th, 2018

ola doug ford

With a New Government That Will Make Ontario “Open for Business” We Urgently Need to Fix the Landlord and Tenant Board and Repair the Broken Ontario Residential Tenancies Act

The Ontario Landlords Association And Our Members Communicate With Key PC Leaders (Including the New Premier) And Will Be Making A Submission for URGENT Changes to Help Small Landlords!

For the more than the past decade Ontario landlords have been forced to follow the “bad-tenant friendly” rules of the Ontario Residential Tenancies Act and the Landlord and Tenant Board.

Why “bad-tenant friendly?”

Because the laws in Ontario not only do not protect landlords, they do not protect good tenants. It has been far too easy for bad tenants to manipulate the system and rip off hard working people who have invested in rental properties in Ontario. It’s also easy for these same bad tenants to cause problems with others renting in the unit and the current laws give the landlord few powers to do anything about it.

Many terrific landlords have been burned and has given up being landlords in Ontario. Many have decided stocks, bond, or investing in Florida or Arizona rental properties are much safer ways to invest wisely.

Many new landlords are shocked to find we cannot charge a damage deposit in Ontario. Or when they find tenants can live in your property for months and not pay rent. Or learn that it is super easy for tenants to break a lease with bad behaviour.

A New Government That Is “Business Friendly” and Listens to People Who Are On the “Front Lines”

On June 7th the voters of Ontario gave a massive majority to the PC party under the leadership of Doug Ford. Many of our senior OLA members know Premier Ford and people who will be in his cabinet as well as other MPPs…and we’ve known them for years. Our members helped many PC candidates get elected on June 7th by volunteering, putting up signs, working hard on social media, and getting out the vote. We played a role in many ridings that went “Blue”, especially in the 905.

Our landlord community members are aware of the challenges we face and some of them were even around in 2010 when the Ontario Landlords Association lobbied for Ontario Landlords to be able to charge a damage deposit!

(We worked hard on this but the Liberals and NDP voted us down saying landlords would abuse damage deposits.  The Liberals and NDP were so arrogant they would not even consider anything that might anger their tenant voters or sound “landlord-friendly”.)

We Have An Opportunity To Fix The System

The Ontario Landlords Association is a community of landlords across the province. We are the “people” who make up the industry.  We are all small landlords ourselves not ‘talking heads’ who have never had to deal with a late rent payment, tenant vs tenant drama or worse in their properties. We rely on filling our units and getting rent paid (on time) every month.

We are very confident the new Ontario government understands the concerns of small landlords and will make sure to work with us to “fix the system” to help small landlords, good tenants, and assist in motivating thousands of people to invest in rental properties in Ontario.

Bad Tenants Are Now Legally Allowed To Abuse The System

The current system in Ontario is simply broken. Not only broken, but it is “seriously broken” and biased against small landlords and we are often bullied, disrespected and subject to a circus at the Landlord and Tenant Board.

It’s become pretty common for tenants to leave behind damages. As this Ottawa landlord experienced, with no damage deposit and slow evictions some tenants can trash your investment leaving you with tens of thousands of dollars in losses.

Or you get professional tenants who know how to manipulate landlords and then end up staying without paying rent for months.

The Ontario Residential Tenancies Act Needs Changes…Lots of Changes!

ola residential tenancies act

Many new landlords are not aware that the Ontario Residential Tenancies Act is the law that covers our industry.  Let’s work together to change the laws and make them fair for landlords.

With fair laws, more people will invest and become landlords and it’s a “win-win” situation for both good landlords and good tenants. Now the laws are simply unfair.

The Ontario Landlord And Tenant Board Must Be Totally Revamped Or Replaced

Ontario landlord tenant board 2018

Experienced landlords who have been to the LTB call it the “eviction delay machine.”  Tenants can easily work together with their free government provided legal representatives to delay evictions and play the system. 

Many people who have been to the Board say some adjudicators are biased and unfair and have some type of ideological hatred towards small landlords who provide safe, affordable housing for tenants. We even had one of our members get told “you should just let your tenant stay rent free for the next two months or we can bring up maintenance claims… after all no house is ‘perfect’ so be smart.”

Other landlords call the LTB a “Kangaroo Court”.

One of our members had a judge lecture him about the need to protect tenants, even if they don’t pay rent.  And then “off the record” said his rental properties must have appreciated a lot, how many do you own in the area?

The LTB needs to be revamped…or replaced!

Should we fire all the adjudicators, legal aid reps and replace the Landlord and Tenant Board with something better? What do you think?

We Need Your Help To Fix The Residential Tenancies Act and To Revamp, or Replace, the Landlord and Tenant Board

ola solution

We want your help in fixing the Ontario landlord/tenant system.  After 15 years of abuse, things need to change.

For 15 years the tenant activists have been in charge of things leading to unfair rules that has led to so many hard working investors losing thousands of dollars.  And these unfair rules do not only lead to financial disaster, but to stress, sleepless nights and even family problems.

Have Your Say – Submissions to the New Provincial Ford Government

We need your input and opinions. Let us know your ideas and experiences and it will get to the premier and his cabinet, we can assure you of that. 

Our new pro-business, pro-growth, pro-fairness government wants to make sure more people invest in rental properties in Ontario. This will lead to more choices for tenants, lower vacancy rates, and a win-win situation for good landlords and good tenants.

Please provide your ideas and experiences by emailing us at:

Landlordtenantsolutions@groupmail.com

Please make sure to comment on the following

(1) What Protections Would You Need To Invest in More Rental Properties in Ontario?

(2) Should Tax Payers Fund Free Legal Representation at the LTB For All Tenants (even wealthy tenants)?

(3) Would Be Able To Charge a Damage Deposit Help Your Rental Business?

(4) How Much Do You Need To Raise the Rent Each Year to Cover Your Expenses?

(5) When A Lease Ends Should Tenants Still Be Able To Automatically Stay as Monthly Tenants?

(6) Should the N4 Which Currently Give Tenants 14 days to Pay Go to 7 Days or 3 Days Or 24 Hours?

(7) Should We Have To Pay 1 Month Of Rent Just to Move In to Our Own Properties?

(8) Would An Eviction Notice of 24 Hours to Move for Serious Abuse/Damages Protect You and Your Rental?

(9) Should Tenants Have To Disclose Maintenance Issues And Pay Rent In Full Before Any Hearing?

(10) What Should The Laws Be For Marijuana and Rental Properties?

It’s time for Change and You Can Help Us Make It Happen!

Our Landlord Community Are the Hard Working Folks Who have Risked Money and Put in Our Time and Energy To Create Great Rental Properties in Ontario!

We Have Been Mistreated For Years With Anti-Landlord Policies Allow Bad Tenants To Walk All Over Us!  We Need You To Help Us Make Huge Changes To Improve the Ontario Rental Industry!

“Ontario Tenants Can Now Easily Break A Lease…And This Is A Good Thing!”

Wednesday, June 6th, 2018

ola tenant

Tenants Speak Out – “Ontario Tenants Can Now Easily Break Your Lease…And This Is A Good Thing!”

As part of our “Let’s Improve the Ontario Rental Industry” we have invited landlords and tenants to share their opinions on how we can make these improvements. These opinions are from individual contributors and are not the opinions of the Ontario Landlords Association. We believe by fostering communication between landlords and tenants we can improve the Ontario rental industry.  Landlords and tenants can share your thoughts and opinions by emailing us at landlordtenantsolutions@groupmail.com

Ontario landlords tenants break the lease

Ontario Tenants Can Now Easily Break the Lease…And This Is A Good Thing!

I want to thank the people here who have invited all important stakeholders, including tenants. Ontario Landlords Association has proven it is open to lots of views for all of us to play a role with a goal of improving the rental industry. Thank you for providing this venue for my concerns and agreeing to not censor anything I have to say. My opinions are extremely important and need to be heard.

I’m a young professional who has been renting for the past six years. There are numerous reasons why renting has been the best option for me. The most important is the need for me to be as flexible as possible when it comes to my career.

The days of getting a good education, landing an entry level job and then staying at the job for decades are over. These days young people are constantly jumping from one job to another not out of choice, but out of necessity.

For example, I was hired at a new start-up that looked like it had a good future. With some good funding and a good business plan and dynamic goals the company looked like a place for me to grow and prosper. This led to a move to a new city and the search for a new rental apartment and a fixed term lease.

The problem with these companies is they aren’t stable and after 15 months the company was bleeding money and people where either given less hours and salary or asked to leave. It wasn’t the quality of the employees as we had a wonderful, top-notch team like myself. The problem was the hyper competitive space we were in and how many new companies don’t last longer than a year or two.

So while I was eventually unemployed I was still locked into a fixed term lease with my landlord for the remaining months. I was forced to spend most of my meager savings paying those months of rent when I should have been looking for work in another location. Spending money on rent is not productive for our economy and just a waste.

ola here forever

My Landlord Refused To Let Me Out Of the Fixed Term Lease When I Really, Really Needed A Break!

I explained the situation to my landlord and requested to break the lease. I was honest and upfront about it and hoped beyond all hope the landlord would be understanding and agree with my demand.

I was what you would call ‘a great tenant’ and was barely ever even home with all the overtime put in at work. Rent was paid by e-transfer and the property was kept in great situation as my cats and I created a really nice space.

Instead he told me “a lease is a lease” and that “you signed it” and he refused to let me out of it. His tone was one of moral superiority as he mansplained his misguided and outdated ideas that simply don’t fit the modern economy.

Before you agree with him, let me tell you that with low vacancy rates I had to sign a fixed term lease because that’s all that was being offered! If I had refused to sign it I would not have been able to find a home and would not have been able to begin my employment.

Landlords Dehumanizing Tenants and Weaponizing Leases!

His lecturing me on being irresponsible didn’t set well with me at all and it was a hard lesson on how landlords view tenants. But I was left with little choice but to stay there when other attractive job opportunities were in other cities and I was stuck with long drives and bus trips for job interviews while being “locked in” by an uncaring landlord.

Landlords have so many tenants to choose from and it’s so easy to re-rent and keep the money flowing

All he had to do was let me go and put an ad up and he would have found a new tenant within days, if not hours. No this was personal.

He wanted to use the system to keep me penned in and under his control.

The idea of sub-letting didn’t make sense because then I would be doing the work of the landlord in finding a tenant and be responsible for the rent of the sub-letter when I’m not even a landlord and don’t know their tricks of trade. Why should I have to do this extra work and take on the risks of find a bad sub-letter?

I was trapped.

While my landlord was getting rich off my back my future was quickly slipping away. I was stuck and saw my future getting cremated.

F*ck.

Despite my pleas the landlord said I was locked in

Tenants In This Era Need Maximum Mobility And Landlords Need To Be Aware Of This

I continue to get landlords demanding a fixed term lease. With such low vacancy rates in Toronto and all over Ontario tenants are really stuck in a difficult situation with all the economic uncertainty we face.

It’s not just a problem for me, but for thousands of other hard working young people beginning our careers and hoping to survive and thrive. Landlords simply are not understanding and seem to view tenants as ‘rent checks’ instead of the human beings we are.

New Rules For Landlords and Some Justice for Tenants

There have been some important changes to the rules of landlords and tenants this year. Some of the changes are really helpful for tenants. For example, rent control on all rentals will help people who need a long term place to stay.

Another really helpful change for tenants is something most tenants are NOT aware of and this is why I’m emailing this in to you. While landlords are always networking and sharing your bad tenant lists and other illegal things, tenants are simply too busy working to earn money (a lot of which pays rent!) to have any time to organize and educate each other.

The reality is Ontario tenants get no help, no support and we are on our own in a landlord-friendly system.

Ontario Tenants Can Now Easily Break the Lease…And This Is A Good Thing!

The fixed term lease issue really caused me a big problem when I already had enough problems. Even though rent was always paid and the place was basically empty most of the time, when I needed a break my landlord scolded me and basically told me to get screwed.

It was a horrible experience and one I won’t ever forget when times were so tough and trips to the food bank were part of my regular routine to survive.

If you need to break a lease first of all talk to your landlord. Maybe you will have better luck than me. I’m sure there are lots of caring people out there who will understand your situation and you can work something out together. This is the ideal situation. Who knows you might find someone fair and with an education level higher than the average landlord (grade 10 high school drop out would be my guess as the average education level).

But in my case I basically got a slap on the face when I requested a break. So if you are in the horrific situation I faced with a cold hearted landlord who treats you like meat while you can barely afford to live and are going to the food bank to survive…well this is what you can do.

ola tenants break lease

How Can Ontario Tenants Easily Break A Fixed Term Lease If Your Landlord Disrespects You?

Last April we saw the provincial government finally listen to our concerns and they created the Rental Fairness Act which made changes to the Residential Tenancies Act.

Now landlords can’t collect arrears for rent due once Tenants receive a “Termination Notice”.

You can see in the Residential Tenancies Act, Section 37, that states that once the landlord gives the Tenant a notice of termination, the tenancy ends of that date of termination the landlord put in the notice.

With the Rental Fairness Act we finally get some real clear facts on once the Tenant gets the termination date, you break your lease and you are off the hook!:

134(1.1) No landlord shall, directly or indirectly, with respect to any rental unit, collect or require or attempt to collect or require from a former tenant of the rental unit any amount of money purporting to be rent in respect of,

(a) any period after the tenancy has terminated and the tenant has vacated the rental unit; or

(b) any period after the tenant’s interest in the tenancy has terminated and the tenant has vacated the rental unit. 2017, c. 13, s. 24 (2).

Ontario landlords tenant how i did it

How Can Tenants Break a Fixed Term Lease Under the New Rules?

Remember, if the landlord gives you a notice with a “termination date” which basically means “Do this or the tenancy ends” you can just “don’t do what they say” and break the lease. After all the N4 and N5 says “move out” so you can just move.

You are then free of the lease.

So How Does This Work To Save Tenants in Real Life Situations Like I Faced With A Horrible Landlord Who Treated Me Like Crap?

If the landlord has a problem with you then have to go to the Ontario Landlord and Tenant Board website and serve you a document.

In the most common cases this “notice” will tell you either to “pay the rent” or “fix your behaviour” or move out. Before there was confusion on what happened if tenants just “moved out”.

All the Old Confusion Has Now Been Clarified: You Get an N Form, You Can Just Leave With No Penalties! 

For example, maybe you just moved in and signed a one year fixed term lease.  Then you lost your job after two months and wanted to move even though you had 10 months left on your lease. So you don’t pay rent.

The landlord would serve you “notice” such an N4 and even if you moved out there was confusion that maybe even though you moved out the landlord could chase you for the 10 months remaining on fixed term lease. It wasn’t clear and we even used to argue this on the old FMTA forum and some tenants said we would still owe the 10 months!

Now it’s clear, YOU DON’T HAVE TO PAY AND ARE NOT RESPONSIBLE AS YOUR LANDLORD TOLD YOU TO MOVE!

Things Are Clear Now – If The Landlord Gives You a Termination Date and You Move the Tenancy Is Over!

This is really a great change for tenants. And it makes sense because if you don’t pay rent or do something that the landlord disapproves of they will tell you to pay the rent or stop doing something or move out. So now you can just move out.

How Does This Work in The Real World?

Like I wrote before if you have a non-exploitative landlord you will probably be able to work something out together. I’m sure there are lots of good landlords out there who are will to treat tenants with respect and understanding. This is the best option.

The problem is there are lots of bad landlords out there too. These are people who see you as a monthly rent check and don’t realize that housing is a Human Right and tenants are human beings.

So here’s what you can do if you face these types of landlords.

Sure it’s a little bit sneaky but tenants have to do what have to do to survive in this unfair situation. 

So How Can Ontario Tenants Break a Lease?

I wish I knew this before. I don’t what anyone to suffer like I did.

(1) Just Don’t Pay Rent!

The Landlord Gives You a Form “N4 – Notice To End A Tenancy Early For Non-Payment of Rent

Probably the easiest way to break the lease under the new rules is just don’t pay rent.

If  you don’t pay the rent when it is due the landlord will give you a form N4. This is notice to end a tenancy early for non-payment of rent. On the N4 the landlord will have to provide a “termination date”. If you pay the rent monthly the landlord will usually give you 14 days to pay the rent or leave. Let’s look at the instructions for the N4 from the Landlord and Tenant Board itself:

The termination date
 
The earliest date you can put in this field depends on the type of tenancy
you have with your tenant:
 
If your rental agreement with the tenant requires the tenant to pay rent on a monthly, bi-weekly or yearly
basis, the termination date must be at least 14 days after you give the notice to the tenant.
 
When you are counting the days, do not include the date you are giving the notice to the tenant. If you are faxing the notice, the notice is deemed to be given on the date imprinted on the fax. If you are sending the notice by courier, add one business day for delivery. If you are sending the notice by mail , add five days for delivery.
 
Example:
 .
When Sally Harrison (the landlord) and Jerome Kielty (the tenant) entered into their tenancy agreement, they agreed that rent would be paid on the first day of each month. Jerome did not pay the rent on March 1st, as required, so Sally decides to give him an N4 notice. Sally is preparing the notice on March 3rd. If she decides to hand the notice to Jerome in person on March 3rd, she can fill in March 17th as the termination date (14 days after March 3rd). But, if she intends to put the notice in the mail on March 3rd, she has to add five calendar days, bringing the termination date to March 22nd (14 days + 5 days for mailing).

If You Want To Break A Fixed Term Lease Just Don’t Pay the Rent

As you can see the landlord will serve you notice to pay or move. So just move! You are only following the demands of your landlord and then you can find a cheaper apartment or move somewhere for job seeking.

Let’s go through these steps to make it clear:

Step 1 – Rent is Due

Step 2 – You Don’t Pay Rent

Step 3 – The landlord wants your money so will give you N4 Notice to End The Tenancy For Non-Payment of Rent

Step 4 – The N4 says: “Pay this amount by _____  (This is called the termination date) or Move Out By the Termination Date”

Step 5 – Just move out at the termination date and the lease is broken and you are home free!!

(2) Make Some Disturbances Make Disturbances Suck As Bothering Other Tenants or Do Damages

Do The Things And The Landlord Will Serve you an N5 Notice to End Your Tenancy for Interfering With Others, Damage, or Overcrowding

This is another good option to get out of your lease.

Right on the top of this form N5 the landlord has to say “I am giving you this notice because I want to end your tenancy. I want you to move out of your rental unit by the following termination date” That’s great…you just move out when they say they want you to move out and the tenancy is over and you are free from any obligations!

Let’s break this down:

Step 1:  Make Noise, Damages or Overcrowd the rental

Step 2: The Landlord Will Give You an N5 Notice to End Your Tenancy for Interfering With Other, or Overcrowding

Step 3: The N5 Will Have A Termination Date. The N5 will say “I am giving you this notice because I want to end your tenancy. I want you to move out of your rental unit by the following termination date __________”

Step 4: On or Before the Termination Date……….just move out by the termination date and you are home free!!

Try not to bother other tenants so much, but noise, smoking or these types of things will lead to an N5 and then you can leave free and in peace for a better, cheaper apartment.

Try to talk with other tenants so if you are making noise or going to smoke or flood the place, they can complain quickly to the landlord get get the N5 process going fast without really creating any trouble for your fellow tenants.

Always respect other tenants in your building as they are hard working people paying huge rents, often to cold hearted landlords who treat us like dirt like my former landlord did when I needed to break a lease agreement.

Being Able To Break Fixed Term Leases Easily Is the First Step in Creating a Better Rental Industry

Things are still really unfair. But I want to make sure tenants are at least aware how the new rules make it okay to break fixed term leases.

I’ll write more later on and hope other Tenants and fair-minded landlords can make positive contributions here. Make sure you contact a local legal aid centre for any advice you might have as I’m just providing a general, helpful, model for everyone.

Ontario Tenants Have No Rights And Are Held  Hostage By Heartless Money Grubbing Landlords…So We Must Work Together To Survive in This Era of Low Vacancy Rates

I paid my rent on time and there is no way anyone could say I wasn’t a great tenant. But when I needed a break after losing my job my landlord dehumanized me and used the lease as a weapon to harm me. 

This is why I’m happy there is now an easy way “out” for tenants.  I hope many of you reading will be helped by first contribution and there will be many more to come because it’s time for fairness and making sure good tenants aren’t hurt.

ola fight back 2

Tenant Lives Matter And Tenants Can Break Free From The Bondage and Humiliation of Leases!

You are not a slave you are free (please put the picture I sent because we are like slaves as tenants). I would also like to take this opportunity to send a massive F*** Y** to my former landlord who enslaved me and hurt my life. I hate you and am cursing you and your family every day for the rest of my life!

Ontario Tenants Can Now Easily Break Your Lease…And This Is A Good Thing!

Tenants in Ontario are at the mercy of landlords. We have no support, no help and the rules are biased against us. I hope this helps other who have faced the same horrific conditions I did. If you want to discuss this and other topics I will be in the Ontario Tenant Forum.