Archive for the ‘Landlord and Tenant News’ Category

I’m Getting 1 Year Rent Upfront, Pet Deposits, & Damage Deposits…And You Can Too!

Friday, October 19th, 2018

We Turned Our Failing, Depressing Ontario Rental Business Into A Huge Success By Getting A Year Of Rent Up-Front, Along With Pet Deposits and Damage Deposits

It’s Changed Everything For Us…And You Can Do It Too!  Learn How!

I’ve been a small residential landlord with some condos and a small building in Ontario.  I decided to share my story to help other landlords out there who might be down in the dumps like we were before.

This is only my story and I’m only sharing it to help the huge Ontario landlord community reading here. I hope those reading learn how we changed our entire rental business from one of misery and lost money into a huge success. 

We are so successful now we have bought several more elite condos in the past 18 months.

Over the past four years we have guaranteed our financial future and look forward to not only buying more properties, we want to travel the world and eventually do volunteer work in 3rd world nations.

Why We Became Landlords In Ontario

My partner and I are both employed in the public sector and invested in the rental properties to create equity and help us be safe for our retirement.

With properties prices rising about ten years ago we decided to invest in Ontario rentals. I must admit we didn’t really do a ton of research. We thought it would easy to be landlords as long as we had nice properties and worked hard to be great landlords. 

Our Biggest Mistake: We Thought All Tenants Would Be Like Us

We were both renters before and would never even dream of not paying rent or damaging our landlord’s property.

My partner spent years studying in different universities and rented. My partner always left the rental better than when they first rented it! 

For me growing up as an immigrant family we didn’t have enough money to buy a house and rented for years. We treated our landlord like a ‘partner.’  We paid the rent and took care of the property and the landlord fixed things when needed, and didn’t bother us.

With our rentals we found out we were wrong.  

While we respected our landlords, we found many people didn’t.  We had people yell at us “I’m paying the rent and paying your mortgage” and “there’s nothing you can do!” and more.

Our Second Biggest Mistake: We Thought The Rules Would Be Fair

We thought the rules would be fair for both landlords and tenants. No matter if you were a landlord or a tenant, if you followed the rules you would be treated right.

We were wrong again. The Ontario rules are not fair for landlords at all.

Landlord and Tenant Board Is Unfair, Biased, Unprofessional and They Should Be Ashamed

When a renter didn’t pay we took her to the Landlord and Tenant Board. She had a lease and didn’t pay rent, so the result should be obvious and fast, right?

First of all it took months to even get our LTB court date so that one one month of not paying rent turned in three months.

When we finally got our LTB date we showed up and so did the tenant (who was living rent free). 

When it was our turn to plead our case the tenant was not alone. There was some dumpy looking, overweight guy who needed his mustache trimmed with her.

And when it was time for her to speak, he spoke. I didn’t even know who he was!

He and the adjudicator seemed to know each other and were very friendly. This guy, who I later learned was the free legal rep all tenants get, accused me of being a slumlord (gasp!) and the hearing was adjourned because of “all the problems, such as mold, unsafe appliances, etc.”…these were all lies!

The property was excellent…but this dumpy guy managed to delay everything for another two months And more months of no rent.

Being an Ontario Landlord Can Be Stressful and Even Lead To Divorce and Health Problems

We dealt with lots of problematic tenants for years and it was really stressful for us and even led to some serious marital stress and even led me to starting drinking to try to “chill out”. We had so much of our saving invested in our rentals and selling would mean huge losses

My drinking started out as once a week, but it soon became a problem as I needed a few shots every night to put the latest problems out of my head. I got into gin.

My partner was also stressed as Hell and began drinking wine. At first just a glass a night but it soon became a bottle.

Our arguing started to become a regular occurrence

The rules are unfair and allow bad tenants to rip off good landlords.  Many non-landlords or new landlords reading will not understand the stress that renting to bad tenants can bring.

We know several couples who have divorced as their marriages simply couldn’t last with losing thousands of dollars, harassment and huge damages.

My Partner & I Were Depressed and Scared…and Everything Changed in 2014!

We were reading the Ontario Landlords Association site and came across an interesting article from the Toronto Star that has really changed our landlord experience.

It’s helped so much that we have had great tenants, no worries about rent, no worries about late payment for years.

This along with our buildings going up in value by 50% has meant we are now millionaires. 

If we didn’t have the Ontario Landlords Association and didn’t see what we could do back in 2014 we probably would have sold our rentals and lost out on millions of price appreciation!

As a show of respect and appreciation to the OLA we want to help others in the Ontario landlord community succeed. 

The reality is if we had sold four years ago because of bad tenants we would have lost millions of dollars in equity.

The OLA saved us, saved our financial future, saved our retirement and even likely saved our marriage.

Ontario Landlords Are Plagued With Late Rent, No Rent and No Damage Deposits: But Most Don’t Know About This Game-Changer!

I saw this first at the Ontario Landlords Site directing me to an article in the Toronto Star called It was really a game-changer for me. It was about a Toronto Star story that told about some court cases that impacted small landlords like us.

Many Landlords & Property Managers Are Taking Advantage Of Tenants Offer Rent Up Front & Pet Deposits

Many knowledgeable Ontario landlords and property managers are taking advantage of this loophole and collecting a lot of rent up-front. But they don’t really want others landlords to know what they are doing.  This is why I don’t want to “hide” my “secrets of success” and want to share it with others.

If Tenants Volunteer to Pay Rent Upfront, Pet Deposits, Damage Deposits You Can Take Them!

The article I saw linked can be found here: “Toronto Star: Ontario Tenants Can Offer Rent Up Front” from April 2014 

Here is the “nitty gritty” written by a famous Toronto lawyer and the case law is here:

Alison Corvers agreed to rent a home from Tanveer Bumbia in Mississauga from May 1, 2013 to April 30, 2014 for $7,500 per month. Bumbia initially refused Corvers’ rental application because Corvers was from the UK, was here on a visitor’s visa and was hoping to extend her time here by getting a work visa, according to her lawyer. Bumbia was concerned as to whether she would maintain the payments.

Corvers then paid one years’ rent in advance, $90,000, to demonstrate her good faith. Bumbia accepted this. Corvers also paid a security deposit of $7,500 up front to cover potential damages to the unit. The problem is that under Ontario’s Residential Tenancies Act, a landlord cannot request more than first and last month’s rent before a tenant moves into the property. The Act also states that anything in a lease that violates the Act is void. As such, after moving in, Corvers brought an application to court to pay the extra months’ rent and the security deposit back to her, as she claimed that this was all demanded by the landlord. In an original decision dated October 7, 2013, Judge Kofi Barnes of the Superior Court of Ontario looked at a text sent by the tenant’s real estate agent to the landlord’s agent that said “Alison will pay 12 month’s rent up front.”

Based on that, he decided that since the tenant offered the money up-front, it was legal. However, since the security deposit was not offered by the tenant, this amount had to be paid back.

The case was appealed and in a decision dated February 12, 2014, Superior Court judge Frank Marrocco agreed with Justice Barnes and explained that while a landlord could not require a tenant to pay more than first and last month’s rent as a condition of the tenancy, if the tenant offered to pay more money in advance and the landlord accepted the payment, then it would be legal. In addition, the court held that interest on the entire prepayment of rent had to be paid by the landlord, in accordance with the rate prescribed under the Act, which was 2.5 per cent in 2013 and .8 per cent in 2014.

Barnes cited a decision in 2009 of Royal Bank v MacPherson in support of this position. In the MacPherson case, the tenant prepaid a year’s rent of $24,000 to the landlord and then the landlord lost the property to the bank after defaulting on his mortgage. The tenant said he did not owe any rent as he had prepaid it for a year. The bank argued that since the payment was illegal, it should not be binding. The court disagreed, and said that the bank must step into the shoes of the landlord and be bound by the prepayment. It would be unfair to penalize the tenant by not recognizing the prepayment.

Here are the lessons to be learned from these cases:

Landlords cannot advertise that they will require more than first and last month’s rent in advance of the tenant moving in. This includes any security deposit.

If the tenant offers to pay extra money up front, make sure that it is clear that the offer is coming from the tenant. This could include a deposit to cover any damages or clean the unit when the tenant wants to bring a pet.

Tenants need to keep a receipt for the payment as proof that the amount was paid, in case it is ever challenged later by anyone.

How Am I Succeeding…And You Can Too! 

First of all you need to have attractive properties.  You need properties people want to rent and it’s even better if you several tenants wanting to rent from you.

Second, I inform the applicants that I have other tenants renting my places who have volunteered to offer 6 months or 1 or 2 years of rent upfront, a damage deposit, and a pet deposit (just in case they bring in pets which can cause lots of expensive clean up costs). 

I make sure to inform them this is not a requirement to rent from me but others have done this to get the apartments they want. It’s up to them.

Good Tenants Who Want Your Place Will Pay!

The reality is good tenants are reasonable and if they really want the place they will volunteer to pay

1. 3 months to 6 months to 1 year to 2 years to 3 years of rent up front

2. If they have pets they will volunteer to pay a pet deposit

3. Pay a damage deposit voluntarily (which they will get back by simply leaving the rental in decent shape when the move)

My Rental Business Has Changed…And So Has My Life

The past four years have been terrific. 

No more lost rent, no more paying thousands to clean cat pee, replace appliances, and fix mold and flooring! You can do it too. 

I’m now an OLA member and will be happy to discuss this with fellow members in the Ontario Landlords Private Member forum

Thank you for reading and wishing you all great success.  See you in Hawaii!

Ontario Landlord PROTECTION MEMBERSHIP Is Now Available!

Tuesday, October 16th, 2018

Due To The Huge Challenges Ontario Landlords Are Facing We Have Created A New Level Of Membership

Get Tools and Services You Need To Succeed For A One-Time Registration Fee

We have received thousands of replies from small landlords who took part in our campaign to put the issue of marijuana smoking and growing on the forefront of the provincial housing file.

It shows how concerned people are about this issue (and for good reason.) While other provinces took action, our members have been informed the ministry will watch what happens and address the issue if they see evidence of major problems arising.

We keep hearing from landlords across Ontario about the challenges and problems they face beyond even the marijuana issue.

And the stories are scary. 

Yes there are a lot of great tenants out there. But there also many tenants who are abusing the system and destroying the financial futures of so many honest, ethical and hard working residential property investors.

These investors are not billion dollar corporations.  We are working people. We are teachers, doctors, plumbers, electricians, firefighters, professors, scientists, chefs, taxi drivers, engineers, secretaries, retired people, contractors, etc.

We are ethical people who have invested in creating high quality rental housing.  We have invested our savings and we need to not only be protected, we need to be encouraged to continue to invest in Ontario rentals.  To  be frank many people are looking to invest in more business-friendly environments, such as in the USA, these days. 

If Ontario is truly “open for business” then Ontario landlords need the rules to be changed!

It could be stories about first time landlords losing over $40,000 due to a bad tenant who not only made huge damages, but stole the appliances (and the police said it was a ‘civil matter’).

Or about renters who go “on strike” instead of paying their rent. They think a landlord following rules to get a rent increase is the reason they should “join together” and all decide to not pay rent (and break the law).

Savvy tenants have also learned how to manipulate the system to break fixed term leases leaving landlords hung out to dry. For these tricky tenants signing a lease for a one year term means nothing to them.

Ontario Landlords Face Overwhelming Challenges…And We Are Here To Help

Even our most experienced landlords say things are different these days. We have veteran expert landlords who have been in the industry for ages saying “you need to be so careful these days because one slip up can bankrupt you.”

And one experienced and successful OLA member said, the issue of legal marijuana in rental properties is one of the “biggest landlord issues in 20 years.” He said this to Bloomberg News (Bloomberg International…so the whole world can see what we face!)

Let’s look at some of the biggest issues for landlords across Ontario:

1. Marijuana Is Legal (And Tenants Can Even Grow Plants in The Rental Property)

Many people are still unaware of the consequences of marijuana becoming legal. In Ontario the rules from the past Liberal government allow tenants to not only smoke weed, but to grow plants! Yes, grow plants in your rental property!

2. No Damage Deposit Can Equal Huge Financial Losses

We cannot charge a damage deposit in Ontario. That’s right, it’s illegal. Even if your renters volunteer to pay they can always go to the Landlord and Tenant Board and you will be forced to pay it back.

This means even good paying tenants seem to think it’s okay to leave a mess behind when they move out. And some tenants are actually happy to cause huge damages that can bankrupt landlords or at least end up costing us tens of thousands of dollars.

3. Even New Rentals Are Covered Under the Unfair Rent Guideline Now

Prior to April 2017 rental properties built after 1991 were exempt from the ridiculously low annual government rent increase guideline. Now even these properties are covered.  The 2018 Ontario landlord rent increase guideline is only 1.8%. Will this cover your increasing costs?

4. Evictions for Renters Simply Not Paying Rent Can Take Months

Did you know if your renter doesn’t pay rent they get a two week delay to pay? And after those two weeks if they don’t pay you have to pay to take them to a “hearing” which can take 2-6 months. The at the hearing the tenant gets free government legal help to fight you or to “play the system” to let the tenant live rent-free in your property for even longer.

5. Tenants Are Networking And Educating Each Other How To Abuse the System

Tenants are networking and teaching each other how to manipulate the system. And with the current rules,that can means months and months of living ‘rent free’, breaking leases, or leaving your property in horrible shape costing you tens of thousands of dollars.

Ontario Landlord PROTECTION Membership Is Now Available To Help Landlords Succeed In These Difficult Times

Become a Landlord PROTECTION Member and get access to the services you need to run a successful and profitable rental business. For only a one time fee start using our services to protect your business. Join us in making our landlord voices heard (and a loud voice will help make the system more fair.)  

Here’s what you get:

Rental Kit

Get access to applications, notices and everything you need in our online library that is available to you 24/7.

Access To the Forums, Including the Private Members Forum (for verified landlords only)

Network with other landlords and property managers to help you and your rental business succeed. In our private forum only verified landlords are allowed to enter. This means you are networking and getting help from real landlords, including many veteran experts.

Discounted Credit Checks

Get huge discounts on excellent credit check services.

An OLA member wrote: “I’ve actually made money by joining the OLA! Just the savings on credit checks over the past couple years adds up to way more than the one-time registration fee. It’s a deal that can’t be beat!”

Tenant Friendly Credit Checks (With Risk Scores From Transunion)

These days good tenants are very concerned about providing their personal information to a potential landlord. Get access to tenant friendly credit checks where tenants do not need to provide private information to you…and tenants can even pay for it online.

This makes running credit checks an easy and non-confrontational process.

Criminal Checks

Many experienced and successful landlords are now including criminal checks as part of their professional landlord tenant screening system. Now you can too for a huge discount for OLA members.

The “Top 100 Lease Clauses You Need” CD

The new government Ontario Standard Lease doesn’t protect landlords. The document gives lots of help for tenant to “learn there rights” while leaving landlords dangerously vulnerable.  You need to protect yourself especially if you end up at the Landlord and Tenant Board or Ontario Small Claims Court.

How To Protect Yourself From Tenants Smoking and Growing Marijuana CD

While other provinces have made changes to protect landlords Ontario has not. Learn how to protect yourself and your rental from tenants smoking marijuana and growing marijuana plants! Filled with “landlord tips and tricks” from experienced landlords across the province.

Insurance

Get access to one of the best rental insurance packages in Canada. Also covers student rentals! You get a big discount as a member.

Property Management Software

Get discounts on premium property management software to take control over your rental business.

Become a Landlord PROTECTION Member and Get the Services You Need To Succeed…ALL FOR A LOW ONE TIME FEE!

In these difficult times landlords need to come together and help each other get our voice heard and succeed and run profitable rental businesses. 

Become an Ontario PROTECTION MEMBER and Get Amazing Tools and Services To Help Your Rental Business Succeed and Make Profits!

How Can Ontario Landlords Protect Ourselves Against Tenants Smoking Marijuana and Growing Plants?

Tuesday, October 16th, 2018

  Experienced and Successful Landlords and Property Managers Have Created A Comprehensive CD Filled With Strategies and “LANDLORD TIPS AND TRICKS” To Help You Deal With Tenants Who Smoke And Grow Weed In Your Property

Combine Access To This Comprehensive CD Along With Networking With Experienced Landlords and Property Managers In Our Private Members Forum To Protect Your Rental Business!

Legal marijuana has arrived as of October 17, 2018. This will have a huge impact on residential landlords.

How will you deal with it?

As an Ontario-wide landlord community, we have come together to help you and other landlords and residential property investors. After all, we are important stake-holders in the province and we are an important provider of high quality rental properties.

While many Ontario landlords have no moral or ethical concerns about making weed legal, we do have huge concerns how it will impact our rental properties and their bottom lines. The reality is many landlords and property investors are worried and looking for guidance and advice.

Landlords should be worried.

We are entering a whole new paradigm filled with uncertainty. If you are an Ontario landlord, your rental business is now filled with challenges and a bigger risk of huge problems and financial losses than ever before. 

Tenants Smoking Weed In Your Rental Property

Marijuana is now legal and tenants can smoke in your rental. How can you protect yourself? What are your options?

Tenants Growing Marijuana Plants in Your Rental Property

Tenants can now legally grow up to 4 plants in your rental. And as one landlord wrote on the Ontario landlord forums “I never touched marijuana in my life and thought the plants would be small like tomato plants…but they can be huge!”

Tenants Marijuana Smoke Causing Issues For Other Tenants

If you own a multi-unit property what can you do if one tenant smokes and bothers other tenants? The smoking tenants says “it’s legal” and the other tenants say “do something or we are all moving and taking you to the LTB to pay for our moving costs!”

What if you rent your basement and you smell weed smoke coming through your vents? What if you have young kids?

Huge Clean Up Costs

Many good tenants are sensitive to smoke and won’t rent a place where they smell it. Just dealing with tobacco smoke clean up can be expensive. But cleaning up marijuana smoke when a tenant leaves can end up costing you thousands of dollars.

Safety Issues

Growing marijuana plants could mean your growing renter might be creating mold and other dangers in your rental property. What should you do?

Insurance Issues

If your tenants are smoking or growing it could waive your insurance policy. 

Even If You Have a No Smoking Clause, What Happens If they Still Light Up?

If you say no smoking and the tenant lights up anyway the Ontario eviction process can take 6-8 months (or more). So during the time you are just waiting for the Hearing they can continue smoking.

No Smoking Clauses Don’t Mean “No Growing”

Even if you have a no smoking clause how many people out there have anything regarding growing plants? This means your tenants can grow, legally.

Other Provinces Have Made Changes To Help Landlords, Ontario Has Not

Many Canadian provinces moved quickly to protect landlords and investors and their rental industries.

For example, the province of Saskatchewan prohibited marijuana smoking in rentals and forced all tenants to sign new leases to allow landlords and investors to protect their rental properties.

In New Brunswick new rules allow landlords to amend their leases to prevent the smoking and growing of weed in their rentals.

Protect Your Rental Business Experienced and successful Ontario

We have worked hard to let the Ministry and the province to educate them why Ontario landlords need to be protected. We made it clear we need at least the same protection other provinces have provided for their landlords and residential property investors.

Several of our members were told “we appreciate your hard work and the concerns of your community …the situation is being monitored” and if there is “evidence of a major problem changes will be considered. Keep us informed.”

What this means is Ontario landlords are getting no help now and need to protect our investments from the government.

We are on our own!

Protect Your Ontario Rental Business!

Landlords and property managers have created a comprehensive CD to help you protect your Ontario rentals.  These are people have dealt with tobacco smoking issues and marijuana issues in the past and are ready for the new challenge of legal cannabis. 

They have also added lots of “Landlord Tips and Tricks” that only real professionals know about due to years of experience and ‘skin in the game’. 

With over an hour of information this comprehensive CD is filled with information to help you avoid problems and help you fix any problems that might arise. It’s written by experts with ‘skin in the game’ because we all own rentals ourselves!

Combine this with access to our Private Members Forum to protect your rental business and succeed!

Ontario Landlords Need To Be Protected From Legal Marijuana – Ontario Landlords Association On CTV News, CityNews, National Post, Financial Post

Monday, October 1st, 2018

“I Need The Province To Help Me Be Able To Protect My Tenants, Keep My Rents Low, And Run A Successful Rental Business!”

It wasn’t that long ago the challenges small residential landlords face was rarely in the media. While landlords were dealing with ridiculously unfair rules which allowed clever tenants to manipulate the system, it was all hush-hush.

There was nothing. And small landlords kept getting ripped off and losing thousands of dollars in lost rent and damages.  (And also many stressful sleepless nights).

The Corporate landlords were silent. No one was sticking up for us, the small landlords who have invested our hard-earned money to create high quality rental housing across Ontario.

Things began to change when a landlord who rented to a “Tenant From Hell” became an OLA member and we got the message out loud and clear. This landlord was only one of a string of landlord victims and she wasn’t going to go down without a fight!

It was so shocking that these types of tenants could easily rip-off unsuspecting small landlords that the media noticed and the challenges of small residential Ontario landlords finally started to become known.

(For your information this tenant ended up criminally charged for their actions against small Ontario landlord, which would not have happened without the support of OLA members).

Now landlords face a huge another new challenge.

Ontario Will Treat Marijuana Smoking Like Tobacco Cigarette Smoking

The news Ontario was going to treat the smoking of marijuana similar to simply smoking tobacco was a huge story. The news was that people would be able to smoke weed in public spaces without any worries.  So toke up in parks, soccer fields, and while you are walking down the street.

How Is This Different Than The Previous Rules?

Under the Liberals cannabis was only going to be sold in government controlled stores and people wouldn’t able to smoke it in public places.  The new rules will allow marijuana to be smoked by anyone who is over nineteen years old and where the smoking of tobacco is allowed.

According to the Ontario attorney general: “If you’re able to smoke tobacco in your home the you’ll be able to use cannabis as well.”

“I’m just following the law! Give me a break!”

Ontario Landlords Speak Out

The media were eager to learn from Ontario Landlord Association how landlords viewed the new rules and how they would handle tenants potentially smoking weed in their rental properties.

The Ontario Landlords Association was interviewed by the Canadian Press for CTV News and a member explained why small residential landlords are worried and need to be protected.

Our concerns on legalized recreational marijuana were made clear.

Legal weed will create a lot of big problems for both Ontario landlords and Ontario tenants, including:

1. Conflict Between Tenants Who Smoke Weed and Those Who Are Exposed to Second Hand Marijuana Smoke

2. Important Safety Issues For Those Who Grow Marijuana In Their Rental Units

3. Expensive Clean Up Costs When Cannabis Smokers and Growers Move Out Need

4. We Need A Change In The Residential Tenancy Act For FAST EVICTIONS Of Tenants Smoking Weed Illegally (Within 24 hours)

Getting the Message Our Message Out

The message was loud and clear.  The good news is story and the comments on why landlords need to be protected spread to other important media:

It was picked up by the National Post.

It was on CityNews.

The story also go picked up by the highly influential Financial Post.

Landlords And Our Rental Properties Need To Be Protected

The government has stated their goal is to increase affordable housing and that means encouraging more people to invest in residential rental properties and become landlords.

Landlords need to be able to manage risk, be able to provide safe homes for our tenants and be able to earn some profit in return for managing the property and investing our capital to increase the provincial rental stock.

In the past year the Ontario Landlords Association has worked tirelessly to let everyone know our situation. 

We’ve done this with stories on CTV, CityNews, The National Post, The Financial Post…and also Vice, CBC, Toronto Star, Bloomberg International and more. We have also made sure the Premier and Housing Minister are aware of our concerns with our “Take Action” campaign.

Big changes take time and the new leadership in Ontario has a lot on their plate. Also the landlord/tenant file is a very sensitive one. So let’s keep our message strong and get the changes we need.

As landlords across Ontario agree:

“I Need The Province To Help Me Be Able To Protect My Tenants, Keep My Rents Low, And Run A Successful Rental Business!”

Landlord and Tenant Board Requests Our Comments On New Documents – Make Your Voice Heard!

Saturday, September 15th, 2018

Rent Increase Guideline 2016 Ontario

Ontario Landlord Association Members Are Important Stakeholders In The Ontario Rental Industry And We Have Been Asked To Review And Comment On New Documents From the Landlord and Tenant Board

Residential landlords across Ontario are excited that we have new provincial leadership that wants to cut red tape and make Ontario ‘open for business again’.  

Dramatic changes to the way we do business will take some time, but we are already seeing an openness to improve the rental industry.  And they want Ontario Landlord Association members (who are important stakeholders) to play a key role.

This is a great beginning and we ask you to take time out of your busy schedule to share your opinions, concerns, and advice on how to improve the Landlord and Tenant Board. 

Let’s discuss these important consultations in the OLA Member forum and make sure to get our voices heard. 

Send us your comments at landlordvoice@lobbyist.com

 

Ontario landlord and tenant board 2018

To: Ontario Landlords Association Members

Changes to Rules of Procedure and Guidelines for Review and Comment

The Landlord and Tenant Board (LTB) has posted three documents for review and comment by members of the community and its stakeholders:

  1. Proposed changes to the Rules of Procedure
  2. Proposed changes to the Guideline 6: Tenant Rights
  3. Proposed changes to the Guideline 12: Eviction for Personal Use, Demolition, Repairs and Conversion

The Rules of Procedure have been extensively reformatted and now use plain language. The commentary that appears under each rule has been removed. The format and language of the proposed rules is also now consistent with the Social Justice Tribunals Ontario (SJTO) Common Rules of Procedure . Some substantive changes have also been made, including:

  • Allowing the use of a sworn statement instead of an affidavit (Rule 1.5)
  • Allowing parties to give each other certain documents by email where they both agree (Rule 3)
  • Removing the requirement that Co-operatives serve applications (Rule 12)
  • Changing the rules about the payment out of money paid into the LTB’s trust account (Rules 20.3, 20.4, 20.6 and 20.8)

Guideline 6 has been expanded. It now includes discussion of all the grounds in the Application About Tenant Rights (T2). References to applicable case law have been updated and there are extensive references and links to relevant LTB orders.

Guideline 12 has been changed to reflect amendments made to the Residential Tenancies Act on January 1, 2018.

We encourage you to have a look at the proposed changes and provide your comments and ideas by September 28, 2018.