Posts Tagged ‘Residential Tenancies Act’

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.

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

Friday, September 7th, 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!

Landlord & Tenant Board (LTB) Fees Are Going Up in 2017

Thursday, December 15th, 2016

ontario-landlords-association-education-campaign

Ontario Landlords Filing Applications at the LTB Will See Fees Rise in 2017

Experienced Ontario landlords know one of the keys to success in this industry is having strong, mutually respectful relationships with your tenants.

You provide a terrific, safe, fairly priced rental property to your tenants. You are a service-oriented landlord and that means when things need fixing or issues arise, you make it a priority and get things fixed fast. When you fix these issues you cooperate with your tenant to make sure both sides are satisfied with the solution.

Great Tenants

In return your tenants take care of the rental home and pay their rent on time. When they want to move out to buy their own home or move to another area they provide proper notice and allow showings according to the Residential Tenancies Act. When you do the showings the tenants are cooperative and keep the place clean. (Many of our most successful members even have tenants recommend their rentals to new prospective tenants during showings).

It’s a win-win situation and it’s what everyone wants.

In Reality Sometimes Things Go Wrong

It happens.

Let’s face it, the LTB is very busy and this is why it can take such a long time to get a Hearing date.

Some landlords don’t fulfill their responsibilities. Important repairs are neglected and safety issues not taken as seriously as they need to be taken.

Other times your tenants don’t fulfill their end of the deal.

We’ve had landlords write about rent being consistently paid late. Or sometimes they don’t get paid at all by their tenants.  There are even examples of tenants who make big damages to the property beyond normal wear and tear.

One of the most common complaints our members have discussed recently have been from landlords owning multiplex units. They have to deal with tenants arguing with other tenants in the building and get drawn into it.

Ontario Landlord and Tenant Board (LTB)

When these type of issues happen landlords and tenants can go to the LTB to try to resolve the issues.

We’ve written before about the Landlord and Tenant Board and the longer you are a landlord the greater the chance that at some point you will need to go to a Hearing.

Landlord and Tenant Board (LTB) Application Fees Are Increasing January 16, 2017

There are going to be some higher prices for landlords filing applications beginning on January 16, 2017. There are also going to be some increases for a couple of tenant applications.

The LTB wants it to be known that fees are going up around 10% and haven’t been increased since back in 2009. You can see the new 2017 fees versus the older ones here.

Fee Waivers For Those On a Low Income

If you are on a low income you can make a request for a ‘fee waiver’.  The threshold to get this fee waiver has increased and you can find more information here.

Discounts With E-Filing

Four of the most common landlord and tenant applications can be filed through the LTB e-filing system.  These forms make up about eighty percent of the applications filed. 

These applications are:

(a) Form L1 – Application to Evict a Tenant for Non-Payment of Rent and to Collect the Rent the Tenant Owes

(b) Form L2 – Application to End a Tenancy and Evict a Tenant

(c) Form T2 – Application about Tenant Rights

(d) Form T6 – Tenant Application about Maintenance

Be aware of the discount if you are e-filing one of these.

Landlords and the Landlord Tenant Board 2017

Successful Ontario landlords know the importance of choosing good tenants and developing a mutually respectful relationship. Just as good landlords appreciate good tenants, good tenants also are looking for professional and knowledgeable landlords.

If you do go to the LTB make sure you are aware of the process and that includes knowing how much the fees are.

The Ontario Residential Tenancies Act (RTA) Has Changed

Monday, October 3rd, 2016

ontario-landlords-association-education-campaign

Keeping Ontario Landlords Informed: Tenants who are the victims of sexual and domestic violence can now end their tenancy in 28 days 

Successful Ontario landlords know the importance of following the rules and laws for running a successful rental businesses. We also know to follow the rules you need to be aware of them.

Sometimes that can be a challenge. Most small residential Ontario landlords have full-time jobs.  Our members aren’t large corporations with full-time staff and stocks and bonds.

We have members who are nurses, teachers, Toronto fire-fighters, carpenters, plumbers, professional athletes (including some famous ones), lawyers, doctors, electricians, full time Mums and Dads, receptionists, dentists, and investors who don’t even live in Canada (but have invested a lot of money, hired property managers and created terrific rentals.)

With such busy lives it can be hard to keep track of changes that are important for our professional and service-oriented landlords.

This is another way the OLA helps out because we reach a huge audience of small landlords across Ontario and let them know about important changes. For example, we still have Mississauga landlords thanking us for letting them know about the changes to the landlord licensing system in that city.

At first glance the Residential Tenancies Act (RTA) can look very complicated and even intimidating. The reality is the RTA is complicated and can be a bit scary for new landlords (and even for some vets).

Over the years we’ve had thousands of small residential landlords from across the province contact us for help and assistance.

This is one of the reasons why the OLA has been asking the government to improve the Residential Tenancies Act to help small landlords and encourage more investment in rental properties in Ontario.

The RTA Has Changed in 2016

There has been a change in the RTA recently.  It’s a change to help victims of sexual and domestic violence be able to escape bad situations.

Many of our landlord members were tenants at one point in our lives. Or they have relatives or friends who rent now.  They recognize this is a positive changes to help tenants in trouble and our membership agrees with helping tenants who are honestly in abusive and  dangerous situations.

Our members want to rent out high quality, legal rental units, to all the good tenants out there and be great landlords. We encourage rule changes, to help good tenants and to help good landlords.

New Notice Allows Victims of Sexual and Domestic Violence To End Tenancy in 28 Days

There has been a change is section 47.1 of the Residential Tenancies Act. Tenants who are the victims of sexual or domestic violence can now end their tenancy in just 28 days if they think they or a child living with them might be harmed or even injured if they don’t get out of the rental property.

Tenants in this type of situation can give notice at any time during the duration of their tenants.In order to do this the tenant must give the landlord 2 documents.

(a) Tenants Notice to End Tenancy because of Fear of Sexual or Domestic Violence and Abuse (Form N15)

Landlords (and all the tenants who read here) can get more information here.

(b) Tenant’s Statement about Sexual or Domestic Violence and Abuse.

Landlords and tenants can get more information here.

(c) Court Order

Tenants can also give the landlord a copy of the court order. For example, they can give you a copy of a peace bond or a restraining order).

Successful Ontario Landlords Know The Rules and Follow Them

Make sure you are aware and follow the laws and rules for landlords in Ontario. We encourage and welcome changes to help tenants.  We also want to encourage some changes to help all the good landlords in this province.

The OLA is the voice of small residential landlords so if you have any ideas for change to your business and encourage other to invest in rentals in Ontario please let us know and we will present it to the Ministry.

We all have the goal to create rules and procedures that promotes and protects both good tenants and good landlords and improves the residential rental industry in Ontario.

Let’s continue to make positive and important changes to the Residential Tenancies Act and the Ontario Landlord and Tenant Board for both tenants and small residential landlords.