Posts Tagged ‘N5’

“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.

Ontario Landlords Need To Be Protected – The Current System Just Isn’t Fair!

Monday, December 4th, 2017

ola landlords speak out

Ontario Landlords Speak Out and Share Their Concerns and Opinions on the Rental Industry

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.

The Rental Fairness Act Isn’t Fair For Landlords – Ontario Small Landlords Need More Protection

ola it's not fair

Tens of thousands of small landlords emailed in as part of our drive to create a way for landlords and tenants to communicate with each other to find positive common ground. While there are some unethical landlords out there, by far the vast majority of us try our best to be excellent landlords with attractive, well-maintained rentals.

The vast majority of small Ontario landlords play by the rules and care for our tenants and our properties.

The Ontario Rules Do Not Protect Small Landlords And This Isn’t Fair

One of the most common themes in all the replies was that while landlords want to learn and follow the rules those same rules often don’t adequately protect small landlords.

This means landlords who make sure they do everything according to the Residential Tenancies Act and the Landlord and Tenant Board still find themselves in very difficult situations stemming from bad tenants. These bad situations often mean losing thousands of dollars.

However it also goes beyond just financial losses.

Under the existing system landlords experiencing incredible stress, worry and sleepless nights when they are just using the system in place and following the rules. This isn’t right and this isn’t fair.

Good people making huge investments in our province need to be protected and must not be subjected to tenants who can easily manipulate the rules to cause harm and huge financial losses. Recently there was a good media story of a tenant who created a fake credit report to trick landlords into renting to him. He then ripped off his landlords and also cheated other tenants. He is now wanted by the police.

Let’s Protect Good Tenants, But We Also Need to Protect Good Landlords

Most of our small landlord members were renting themselves not that long ago. We are the working class looking to support our retirements and hopefully get some cash flow as a return on our investments. Many of us rented as students at Ontario universities and colleges and many others rented while beginning their careers.

We support protections for tenants, but we need to also protect good landlords. Currently things are simply not balanced.

What Happened To The Changes To Encourage More People To Invest in Rental Properties?

It was only a year or so ago that that landlords were asked to present needed changes to the Ministry. The request was for current landlords to suggest new policy ideas to help them succeed, and this would in turn encourage more people to become landlords in Ontario.

It was a good idea as with a better, fairer system more people would invest in rental properties and this would lead to more choices for tenants and more affordable rental housing in Ontario.

Our landlord members were not worried about increased competition from new landlords and investors. In fact, they were very enthusiastic and excited about getting changes that are desperately needed to help landlords continue to even run existing rentals. With a better system and more protections, landlords could better deal with bad tenants who abuse the system.

More Protections for Ontario Tenants But What About Fairness for Small Landlords?

When the Rental Fairness Act was announced in April many landlords were excited and expected to hear about new protections for small landlords. An Ottawa landlord organized an online event and many our members networked and watched the news conference on the Premier’s YouTube channel.

After the news conference good Ontario landlords were extremely disappointed, and many were upset.

For while there were many changes designed to help tenants, there was little to help small landlords. No one objected to helping good tenants but wasn’t the goal to encourage more great people to invest and create a lot more amazing rental properties?

A Toronto Landlord asked: “Why are the concerns of small landlords ignored as we are key stake-holders in Ontario and important rental housing providers!?”

Some of the major challenges Ontario landlords are facing include:

Evicting for Smoking

Dealing with tenants who smoke, and have this smoke bother other tenants, has been a problem for many small landlords for years. With new laws regarding marijuana this issue is just going to become larger and we need to find a solution.

Creating a New System to Help Landlords and Tenants with Pets

Our landlord members love pets and many have pets of their own. However, we need a way to make sure tenants take care of their pets and don’t damage the rental property. 

Ontario Landlords Association members suggested we create a voluntary “pet deposit”. Tenants with pets would pay a deposit to protect the small landlord from any damages from the pets (and they do happen). When the tenants move out they will get the deposit back if there aren’t any big damages. If their aren’t any pet damages and the landlord doesn’t give the deposit back the tenant can take pictures, file at the LTB, and get the deposit back.

Making the Rent Increase Guideline More Fair For Service Oriented Small Landlords

With even newer rental properties covered by the rent increase guideline (which is only 1.8% in 2018) we need a way to make sure the guideline covers the true cost increases landlords face.

Making the Landlord and Tenant Board More Efficient and Effective

When landlords have problems with renters in their properties we have to go to the Landlord and Tenant Board (LTB) to seek justice and fix the problems. While most LTB staff are hard working and professional, the way the LTB is designed needs to be improved.

-We cannot continue to have landlords waiting for weeks or even months to even get a Hearing date.

-We cannot continue to have tenants ‘ambushing’ landlords with maintenance claims at the Hearing.

-We need the Enforcement Office to enforce LTB evictions in a time sensitive way, meaning days not weeks or months 

This is just the start of issues that need to be addressed.

Closing Loopholes Exploited By Bad Tenants

We need to make sure the Landlord and Tenant Board process is fair and end loopholes that delay evictions. Some unethical tenants can delay being evicted for months.

The Rules For Small Landlords Need To Change

Small landlords are not huge corporations, massive REITS with stockholders and millions of dollars available from investors from all over the country and around the world.

Small Ontario landlords are working people who believe in the future of our province and have invested their hard-earned savings into Ontario rentals hoping for a better future. Many landlords are newcomers to Canada who want to run successful rental businesses as part of their contributions to their new country.

Ontario Landlords and Tenants Speak Out: “I Wish The Rental Fairness Act Was Fair For Landlords!”

We have asked many of the landlords who emailed in to expand on their concerns and stories of challenges they have faced owning rental properties in Ontario. We have also asked Ontario tenants who wrote in the same thing and look forward to posting their opinions and ideas.

By working together we can create a better, fairer Ontario rental industry that helps both good landlords and good tenants.

The current system just isn’t fair for small Ontario Landlords and that’s not fair

We need changes to be made to protect small landlords or we will see a big drop in investment and less high quality and affordable rental properties. We aren’t huge corporations who can put up ads near Queen’s Park and hold golf tournaments and invite Brian Mulroney to sip champagne with us…we are too busy working and taking care of our rental properties.

Who are small landlords?

We are teachers, contractors, electricians, firefighters, police officers, nurses, doctors, lawyers, Realtors…we are the people of Ontario. And we have been treated unfairly for too long.

Small landlords need support as we truly are important stake-holders in Ontario and need to be protected as the current system simply isn’t fair.

An Ontario Landlord Story – “I Guess We Were Naive”

Tuesday, May 21st, 2013

May 21st, 2013

Ontario Landlord Tenant Problems

 

There are lots of good tenants out there. We’ve also read about some not so good tenants. Here’s a story of Ontario landlords who faced challenging tenant problems and found the current system left a lot to be desired.

….

Part 1:  I Guess We Were Naive

We’d been having issues with our tenant – or, more specifically, the boyfriend who had moved in with her after 8 months of relatively problem-free tenancy.

They were irked with us for having cancelled their fire permit due to our unwillingness to be responsible for paying fines for their insistence on having fires even during a total fire ban – and their response was to start piling up their garbage in the yard, rather than taking it to the curb.

We didn’t want to pay those fines either – so when the township by-law officer gave up on dealing with them directly and sent us a letter notifying us that we would be responsible for the cost of having a crew clean it up, we served them with an N5: clean it up or risk eviction.

She did make an attempt at cleaning, or rather re-organizing the mountains of trash, but he came home from his job and threw an almighty tantrum, not only undoing all of her attempt, but also ripping bags open and scattering dirty diapers from one end of the yard to the other.

So – my husband hired a helper and a truck and cleaned the yard, paying more than $200 in dump fees – and I completed the paperwork to evict. We didn’t serve it though, because when we went to speak to them about an outstanding portion of October’s rent and November’s rent, they gave notice. Insufficient notice – they said they would be out by the end of November, but since we were happy to see the back of them, I accepted it and agreed that we would apply their last month’s rent to November.

Problem solved, right? Did I mention naive?

On the 27th of November, my husband stopped by the house to let the tenants know that I had arranged a showing for the 29th.  The woman was home, but had someone there and refused to speak to him beyond telling him to get lost (in not nearly such polite language). 

I went down later in the day to find out what was going on, and she told me that they had not yet found a place that they could afford, and therefore “might” not be moving. Although not at all pleased with this development, I did clearly state the requirements necessary to continue their tenancy: they needed to make a decision by the next day and let me know, and they would be responsible to both pay rent for December and replace their last month’s rent.

Repeatedly, I told her, you MUST let me know by tomorrow if you want to stay – repeatedly she agreed. Right before I left, I again re-iterated that I needed to know by the following day, and that if I did not hear from her, I would assume that her tenancy would end on the 30th, and would proceed with the showing on the 29th. I also wrote a notice and left it with her – without retaining a copy.

Nothing from her on the 28th.

But when we showed up as per the notice on the 29th  with prospective tenant in tow she had company – a foul-mouthed friend who spouted off at length about their “right” to stay and to not to pay any rent before she proceeded to threaten to sic her Rottweiler on us.

Calling the police accomplished little – because I did not have a copy of the notice, the officer refused to facilitate entry. He instead had me write another notice for the following day, which also included demand for a key to the front door, since they had changed the lock.

The next day, I met the officer there. The prospective tenant did not attend – can’t imagine why! There didn’t seem to be much point to entering, but the officer did serve her with the forms I had completed – a second N5, and an N4 for non-payment of rent.

She handed him a key – presumably for the front door, but in fact, a key that did not open any of the doors in the unit…

To Be Continued

To discuss this and other landlord and tenant issues go to the Ontario Landlords Association free landlord forum

Lots of hearings cancelled tomorrow (Wed. Feb. 2, 2011) at LTB

Tuesday, February 1st, 2011
Due to extreme weather conditions LTB hearings scheduled for Wednesday February 2nd, 2011 at the following locations have been cancelled and will be re-scheduled:

Simcoe:
Best western Little River Inn
203 Queens Way West,Simcoe, ON,N3Y 2M9

Brantford:
Best Western Alexander Graham Bell Room
19 Holiday Drive Hwy,(403 and Gretzky Pkwy),Brantford, ON, N3T 5W5

Owen Sound:
ServiceOntario, Boardroom – Main Floor,1400 1st Avenue West, Owen Sound, ON,N4K 6Z9

Cobourg:
Best Western Inn & Convention Centre, 930 Burnham Street, Cobourg, ON, K9A 2X9

For up to date information regarding hearing cancellations please contact our Call Centre 416-645-8080 or Toll-free 1-888-332-3234