Posts Tagged ‘legal issues’

Landlord and Tenant Board News

Sunday, June 30th, 2013

July 1st, 2013

Ontario Landlord and Tenant Board L1 L9

What’s New at the Landlord and Tenant Board? Rule 33 and Revised L1/L9 Information Update Form

In Ontario the Landlord and Tenant Board’s role is to provide information about the Residential Tenancies Act (RTA) and to resolve disputes between most residential landlords and tenants. 

Many small residential landlords have experienced frustration when going to the Landlord and Tenant Board. Thousands of emails and thousands of OLA members have made it clear things need to change.

It can be a complicated and intimidating process for small landlords.  It can be especially stressful as tenants in Ontario can get free legal help at Hearings.

With legal reps for landlords charging up to thousands of dollars with no guarantees and often unsatisfactory results, more and more landlords are choosing to represent themselves at the LTB.

We know because the emails keep pouring in regarding landlords who paid thousands and are extremely unhappy!

This is why we are pleased that as part of its ongoing efforts to improve service, the Board has introduced changes to some of its processes and the forms and Rules of Practice that support those processes.

Earlier in 2013 the Board posted draft versions of the revised L1 / L9 Information as of the Hearing Day form and a new Rule, Rule 33 – The L1/L9 Information as of the Hearing Day Form for public review and feedback.

Based on the comments received, the Landlord and Tenant Board has finalized the form, and finalized the Rule.

The good news is the form can now be easily completed online compared to the complications of the previous one.

Click here to access the L1 / L9 Information as of the Hearing Day Form.

Click here to access Rule 33 – The L1 / L9 Information as of the Hearing Day Form.

Make Your Voice Heard

The Landlord and Tenant Board says they thank everyone who provided comments on the L1/L9 process and the update form.

We know many of our members participated in providing these comments.

The result – a better system that particularly helps small landlords new to the process.

Let’s keep making sure our voices are heard.

The people who run the system need to know the challenges small residential landlords face. We have a new Premier who has proven she listens and invites us to talk more.

Let’s keep communicating our message and change the system to encourage more investment in safe and affordable rental housing in Ontario.

Whether your are a landlord in Barrie, Toronto, Ottawa or anywhere in Ontario let’s continue to let people know it’s important to support small landlords who risk a lot to provide safe and affordable rental housing all over Ontario!

Barrie Ontario – Tenant Allegedly Assaulted Landlord with a Punch…and a Broom and Knife!

Thursday, February 28th, 2013
March 1st, 2013
Barrie landlord tenant broom attack

Barrie Ontario Landlord Was Assaulted with a Broom and a Knife!

According to a report at Simcoe.com, police officers from Barrie, Ontario had to go to an apartment on Stanley St. because of a physical show-down between the landlord and his tenant.
The landlord and tenant fight was on
According to the Simcoe report, the tenant first allegedly punched the landlord.
…Then came the broom…
The said he was then hit with the handle of a broom.
…Then came the knife…
The landlord alleges the tenant then threw a knife at him.
When police arrived the 20 year old tenant was given 4 counts of assault with a weapon. She was also charge for failing to comply with probation and a recognizance order and was held until her bail hearing.
The Importance Of Being a Successful Landlord:  Be Professional, Try to Avoid Conflict and Don’t Take the Law Into Your Own Hands
Unfortunately, we’ve seen landlords have these types of situations with tenants before:
For example, remember the story of My Renter Bit Me
We’ve also seen landlords get in trouble with the law:

Remember this where an Ontario Landlord was Arrested For Assaulting Tenant’s Friend During Move-Out

These problems involving violence have also happened in other provinces in Canada, such as in British Columbia.

What Can A Landlord Do To Protect Ourselves?

1. The best way to protect yourself is to make sure you carefully screen tenants and know who you are putting in your   rental property.

2. Make sure you do a credit check to get information about your potential tenants financial history.

3. Many landlords and property managers are now conducting criminal checks on all prospective tenants.

4. Request for former landlord references and check each reference out carefully.

5. Study the Ontario Residential Tenancy Act and always follow the rules.

A Barrie Ontario Landlord Was Allegedly Punched, Hit With A Broom and Had a Knife Thrown At Him. This is Yet Another Example of Why Landlords Must Be Careful At All Times. Discus this at the Ontario Landlords Forum, the #1 Landlord Forum in Canada.

Strength In Numbers – Hamilton Landlords Battle Landlord Licensing

Tuesday, December 11th, 2012

December 11th, 2012

On Tuesday, December 11th, 2012 Hamilton Landlords Including Members of the Ontario Landlords Association Packed the City Planning Committee Meeting To Say ‘NO’ to Landlord Licensing

What’s Happening in Hamilton?

Today was a meeting of the Hamilton Planning Committee and Councillors discussed a proposed new law to license landlords who own buildings of 1-6 units.

How Would a Hamilton Landlord Obtain a License Under This Proposal?

To apply for a license to have control over how they use their own properties, landlords would be required to provide a lot of documentation.

This would include a ‘property maintenance plan’ (whatever that is), proof of insurance, proof of proper zoning. The list would likely get larger, to include landlord criminal record checks and more legal issues. It’s part of an alarming trend of painting landlords who provide affordable housing as crooks and thieves.

How Would the Government Handle The Demands of Licensing Landlords?

Hamilton city staff stated they would need to hire at least 17 new staff members before 2015.

Were the Landlords United Against This Plan?

Yes. Over 200 hundred people crammed into the Hall seats, including members of the Ontario Landlords Association. 30 people registered to speak and give their views to Council.

What Did the Landlords Say?

The landlords made excellent arguments against this ridiculous plan.

1. Hamilton landlords made it clear there is already enough red-tape and ‘protection’ of tenants with the existing Ontario Residential Tenancies Act, the Landlord and Tenant Board and the Hamilton Fire Code.

2. Hamilton Landlords make it clear the licensing system doesn’t target landlords and properties who are problems. Instead, it targets all landlords.

3.  Hamilton landlords illustrated how a problem that is essentially based near McMaster University (student housing) is being used for a program that encompasses the whole city unnecessarily.

4. Hamilton landlords made it clear the real problem is a simple zoning issue and not some huge catastrophe of bad housing.

5. Licensing will cause lots of good landlords to simply leave the industry. This will decrease the number of affordable rental properties and those who stay in the industry will conduct especially thorough tenant screening making it hard for many tenants to find a nice place to live.

Did Anyone Argue In Support of Landlord Licensing?

Yes. These included:

1. Kenneth Sherman owns a home near McMaster University. He rents out to students. He said he’s seen three fires in houses owned by unscrupulous landlords.

2. The vice-president of education for the Students Union at McMaster University said lots of students live in rental properties that require urgent maintenance.

He stated many students are too intimidated to complain to their landlords and need the government to step in to protect them.

How Long Were the Presentations?

There were over 5 hours of arguments from those who against the proposed bylaw and those who support it.

How Much Would this Program Cost If It Became Law?

Councillors heard it would cost over $800.000 for 2013 alone.

That number would increase to over one and a half million dollars in 2014.

How Would Landlord Licensing Affect the Rental Market?

Tenants would suffer. At least 30% of the rentals in Hamilton would be affected leaving thousands of tenants searching for new places to live.

What Happens Next?

City staff will prepare a more detailed report answering questions raised by landlords. These questions include why Aren’t large high rise rental buildings included to be licensed and what type of appeals process would there be.

 

Today Hamilton Landlords and Other Stake-Holders Made a Stand and Their Voices Were Heard. We Thank OLA Members Who Took Part. Landlord Licensing is Wrong For Hamilton and Will Only Decrease Supply and Hurt Tenants. Landlord Licensing is Not the Solution for Hamilton.

Renter Bit Me, Barrie Ontario Landlord Tells Police

Saturday, September 8th, 2012

September 8th, 2012

 Always Be Cautious and Prepared During Landlord and Tenant Disputes

A Biting Incident? Really? A Landlord Faced this in Barrie, Ontario?

Yes, a Barrie Ontario Landlord faced this. According to a report by Sun News, a teenager in Barrie, Ontario faces charges for mischief and assault.

The teen renters’ Barrie landlord told police the teen bit him during an argument between the two of them.

What Led to the Argument?

The police were contacted and asked to come to the rental property at around 8 p.m.  When they arrived they were told the teenager had been removed from the rental property.

The police officers then left.  The teen returned and started to smash windows at the rental property.

What Happened During the Window Smashing?

The Barrie Landlord confronted the teen leading to her leaving again.  This time the landlord followed her and got on the phone to alert the police again.

And…

Then, according to the police, the teen tenant turned around and bit him.

Horrible! Was the Teen Arrested?

The teen tenant was charged with two counts of mischief, assault and for breaching probation. This is just another example of how bad some tenants can be and why landlords need to be careful with tenant screening.

For one Barrie landlord, it was a night to forget. The police did a good job. This is an example of why landlords in serious and heated disputes with tenants should contact local authorities who are trained to deal with such matters.

You can read the Sun News report here.