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Mississauga Landlord Demands Year of Rent Upfront, Potential Tenant Files a Human Rights Complaint

Sunday, February 17th, 2013

February 17, 2013

Mississauga landlord human rights and rental housing

Mississauga Landlord Faces Human Rights Complaint

 What Happened?

According to a report in the Toronto Star, an immigrant from Bangladesh has filed a complaint with the Ontario Human Rights Commission (OHRC).

Rafiqul Islam told the OHRC he wanted to rent from rental property from a landlord in Mississauga, Ontario. He said the Mississauga landlord demanded Islam pay a full year of rent in order to be accepted in to the property.

Islams’ Human Rights Tribunal inquiry has been adjourned until March.

Why Is Asking For a Year of Rent Upfront an Issue?

Under the Ontario Residential Tenancies Act, a landlord can only ask a tenant pay first and last months rent.

However, the Mississauga landlord said Mr. Islam would be treated differently because he didn’t have any credit or employment history in Canada.

Some tenant advocates and activists believe what happened to Mr. Islam is a common problem faced by newcomers to Ontario.

Why?

Because newcomers may not have established credit ratings or long term employment, some landlords will break the Ontario rules and make demands that break the rules and treat newcomers differently than other applicants.

What’s the Background Story on Islam’s Situation?

Mr. Islam was a financial manager in him home country of Bangladesh. He emigrated to Canada with his spouse Nurun Nahar in 2010.After staying a number of months with a relative, Mr. Islam and his spouse decided to find their own place to live. They began searching for a rental apartment in Toronto.

The couple saw an ad for a bachelor apartment in Mississauga.

They liked the place and paid first and last. The couple even had Islam’s brother as a co-signer. Experienced landlords would clearly see they were serious about renting, had prepared a co-signer to assist their application, and certainly not tenants from hell who often get accepted by landlords without any proper tenant screening.

Rent Paid and Even a Co-Signer. Looks Like a Good Situation for the Landlord!

A week and half later Mr. Islam and his spouse were informed their application been denied. They were told if they really wanted to rent the apartment they would have to pay an entire year of rent at the beginning of their tenancy. The dollar figure demanded was $8,880.Mr. Islam was eventually informed the building owner had a policy of demanding a years worth of rent from newcomers to Canada. This led to the Human Rights Complaint.

Looks Like This Corporate Landlord Wasn’t Aware of the Rules or Decided to Ignore the Rules in Ontario

Yes. It’s important landlords are aware of not only the Residential Tenancy Act, but also the Ontario Human Rights Code for Rental Housing.

The Ontario Landlords Association is getting this message out there to landlords all over Ontario.

Know the rules and laws and respect the rules and laws.

Landlords, if you aren’t happy with how the system operates in Ontario you can make change through the ballot box.

You can read more on this story and others at the Ontario Landlord Forum.

Posted in Landlord and Tenant News | 3 Comments »

Ontario Landlord Arrested For Assaulting Tenant’s Friend During Move-Out

Friday, October 26th, 2012

October 26th, 2012

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Landlords Make Sure You Always Keep Your Cool Dealing With Tenants!

A Campbellford, Ontario landlord was charged with criminal assault after an argument with her former tenant.

What Happened?

A tenant was moving out of an apartment located on Ireton Street. According to Northumberlandview.ca  this led to an argument began between the landlord and the exiting tenant. The landlord lost her cool and bad things happened. She should have hired professional help.

Was the Tenant Breaking the Lease? Damaged the Property? Something Else?

It wasn’t mentioned. She could have done nothing wrong. Or she could have been another Tenant from Hell. The tenant’s friend was helping her move and waiting in a car when the argument began.

I Hope She Waited in the Car Because the Landlord/Tenant Dispute Was None of Her Business, Right?

The tenant’s friend went to see what was going on and also began arguing with the landlord.

Did The Tenant’s Friend Know the Landlord?

No. They had never met before.

What Happened During the Argument Leading to an Arrest?

During the argument the 74 year old landlord, Priscilla Duff, apparently “slapped” the tenant’s friend on her face during the argument.

The landlord is a 74 Years Old Woman?  Did the Tenant’s Friend Require Medical Attention?

No.

What Happened Next?

The tenant’s friend went to the Ontario Provincial Police.

And…

Landlord Priscilla Duff was arrested. and will appear at the Ontario Court of Justice on Tuesday December 4th 2012 in Brighton, Ontario at 9:30 am.

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Ontario Landlords this is a wake-up call. Protect yourself and keep your emotions in check. Keep cool with your tenants no matter what happens. Always use proper channels such as Small Claims Court to seek justice against bad tenants.

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Posted in Crime, Landlord and Tenant News | 4 Comments »

Ontario Superior Court Justice “Some Ontario Tenants Are Manipulating the Law”

Thursday, October 18th, 2012

October 18th, 2012

 

It’s Time to Fix the Ontario Residential Tenancy Act!

What is the National Post Story About?

The court heard that due to legal loopholes in the Ontario Residential Tenancy Act, empowered by the Landlord and Tenant Board, tenants have lived without paying rent for almost ten months.

How Much is the Rent?

The rent is $3,600/month. The apartment is in the heart of downtown Toronto.

What Does the Judge Have to Say?

$3,600 x 10 = OUCH!

The judge look carefully at the case and saw how loopholes in Ontario allowed a predatory tenant to abuse the landlord.

The judge then demanded change to the laws in Ontario and more fairness.

Basically the Wise Judge Saw It’s Just Too Easy To Screw a Landlord in Ontario

Yes.

 What Are the Details?

A couple rented an apartment in Toronto last October (2011).  After moving in they never paid rent!

A Toronto man and his wife moved into an apartment on Baldwin Street on October 11, 2011, and have not paid rent since, court heard, despite apparently still living there with pending appeals delaying any possible eviction.

What Did the Landlord Say In Court?
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The landlord, Melissa D’Amico told the court she things the tenant had been manipulating the ‘system’ and was facing financial harm due to this.
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How Much Harm?
The landlord stated:
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“I was being ruined financially.”
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Isn’t This Yet Another Lesson for Landlords to Either Avoid Rental Properties…or do Proper Rental Screening?
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Yes.  It’s clear the system is unfair and if you are an Ontario Landlord you need to do careful Tenant Screening… Including Credit Checks!  There so many stories about tenants abusing the system.

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Ontario Landlords Make Sure you Avoid Pro Tenants!  Do Credit Checks and Proper Tenant Screening!

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Posted in Landlord and Tenant News | 9 Comments »

Are Landlords Taking Advantage of Newcomers to Toronto?

Monday, January 30th, 2012

February 1st, 2012

A member of the OLA Defends Landlords in the Toronto Star

The January 28th edition of the Toronto Star included an informative article on the challenges some newcomers to the GTA face when finding rental housing.

A new immigrant was unaware of his ‘tenant rights’ under Ontario law and paid his landlord nearly $9,000 “upfront” in order to secure an apartment (bachelor) in Mississauga.

Rafiqul Islam stated he and his wife spent months looking for a rental apartment.  He stated his tenant application had been refused because landlords wanted a year of rent upfront.  Desperate to find a place of their own, they finally agreed to do so.

According to Islam:  “The landlords said we had no jobs and no credit, and we must pay up. It is just unfair, but what can we do?”

According to tenant activists, this social and economic phenomena is because of unjust motives of landlords.

Geordie Dent of the Federation of Metro Tenants Association explains it due to “landlords who prey on newcomers’ lack of education of the law and a lack of understanding of the rental situation.”

The Centre for Equality Rights in Accommodation said this issue is the ‘norm’ in their English classes.

Jennifer Ramsay, of the Ontario Human Rights Support Centre these “additional requirements of newcomers is discriminatory and exclusionary.”

However, Mike Chopowick of the Federation of Rental Housing Providers of Ontario has not seen any evidence that large rent deposits are commonplace.

Ontario Landlord Association member Stephen Peacock went further and offered a real explanation of the situation.

According to Peacock, this isn’t a “immigrant issue” at all.  It’s an issue about the deficiencies of the McGuinty Liberal Governments Residential Tenancy Act.

Peacock explained that landlords must obey the law.  However, the laws in Ontario are lacking and harming both good landlords and good tenants (newcomers or not).

According to Peacock “If landlords could easily evict non-paying “hell” tenants and ask for a damage deposit as a safeguard  they would be more willing to take a chance on those with no credit history and employment references.”

To read the original Toronto Star article go here.

To discuss this in the biggest and best landlord forum in Canada, go here.

 

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Posted in landlord advocacy, Landlord and Tenant News | 1 Comment »

Small Scale Landlords Targeted by Bad Tenants?

Tuesday, January 24th, 2012

January 25th, 2012

You are a small scale landlord.  You offer a great property at a great price and hope to find a nice and decent tenant.

Have you been “targeted?”

Here is a recent post on Kijiji:

Tenantrights2012

Posted: Thu Jan 12, 2012 5:38 pm Post subject: Social Justice? LLs Won’t Rent to: OW/ODSP/Bad Credit!

More and more Tenants across Ontario are finding landlords are colluding and scheming to create a joint force of DISCRIMINATION against people on government assistance or have damaged credit!!

If you are on OW or ODSP, or have damaged credit get ready for rental doors to be SHUT on you!

Thousands of good Tenants face discrimination in the rental market daily and need to fight back!!

If you are on OW or ODSP or have damaged credit, here are some tips for you to get into a rental to make your home.

1. Do not waste your time with corporate landlords. They have policies of discrimination. If they know you are on social assistance they will shred your application and not reply. It is corporate policy! I acted as a landlord and called a building and spoke with a property manager who said their policy is not written down, yet every manager knows the corporate Minto policy is: NO OW, NO ODSP, NO GOVERNMENT ASSISTANCE.

2. To avoid wasting time and money, it is best to find a “mom and pop” landlord. You won’t find them on most of the paid rental websites because they want to save costs. You can look here at Kijiji where ads are free. Or if you have a friend with a car, drive around and you will see some “For Rent” signs on lawns. Third idea is to go to local places like Price Chopper, Freshco, Metro, No Frill and look at their free bulletin boards. “Mom and Pop” landlords will put free ads there.

3. Mom and Pop landlords don’t check credit because they don’t like to pay $50 to check. Unlike the corporate landlords who all sign up to credit check services and have a policy of checking everyone. So if you have damaged credit this is your best bet.

4. Never say you are on “welfare” when you meet the landlords. This is an instant redflag for them. Say “Ontario Works” or “ODSP.” Many mom and pop landlords don’t know the terminology.

5. If the mom and pop landlords question you about Ontario Works or ODSP make sure you tell them it is “government assistance” and that means the rent money will come directly from the government to the landlord. The landlord likes the sound of this security.

6. To seal the deal, most Mom and Pop landlords rely on a former landlord reference. This is impossible if you are coming from a shelter or had problems with your last Misunderstood landlord. It’s a good idea to get friend with a cell phone to act as your last landlord. It may be a bit dishonest, but finding a home is about survival and having a safe home is more important than a little fib. Make sure you write down some details for your friend. For example, an address, an amount of rent, and the date you moved in. Also make sure your friend says some things the Mom and Pop landlords love to hear like

“She was very clean and quiet.”
“The rent came directly from the government.”
“I’m sad to see him go.”

7. Remember, even you pay a deposit it doesn’t mean you can get the place. You need the key and need to put some of your stuff in the property. That means legally it is your place and you finally get a few Tenant rights.

8. When you move some stuff in, take some pictures for proof you have possession.

9. If you have pet, do not tell the landlord. As soon as you move in, you can bring in your pet and you cannot be evicted for this.

10. When you are a tenant make sure you read the Landlord and Tenant Board website because you finally have some rights. The important thing is to get in the rental and get a Home.

Is the Ontario system fair?  Look into it.  Contact your local MPP.  Just realize: you have been targeted!

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Posted in landlord advocacy, Landlord and Tenant News | No Comments »

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