Landlord and Tenant Forums: By Landlords For Landlords

Why is this allowed to happen? If the tenant has real maintenance issues, why are they allowed to unexpectingly address them at a hearing with out, a.) verbally or better in writting, informing the LL about them as they occure, b.) verbally or better in writting, informing the LL that they intend to address these issues at the hearing, c.) why are they not required to fill out the proper form and pay the already cheaper fee and go thru the proper procedures? d.) why do these ambushed maint. issues dominate the rest of the hearing? e.) I relize that the LL can ask for an adjournment, but this delay is often what the tenant wants, so why can't we proceed with the hearing for the grounds filed and address these ambush maint. issues at a later hearing after the tenant properly files?

Is there something obvious that I am missing here or is this just plain 100% B.S.?

Any other court would not allow this.

The best defense is a good offense.

Always prepare for the worst at a hearing; bring all maintenance records, copies of invoices for materials, a log of any repairs made with documented calls and response time and the most important is to do an inspection before the hearing with a witness and take pictures, ask the tenant then if there are any maintenance issues.

If you don't do this and at the hearing maintenance issues are brought up, be honest and tell the adjudicator that you were unaware of these issues but you will address them immediately. The adjudicator will not award any rebate if issues are minor and you were not made aware. If a rebate is awarded it will be small.

Most important issue is make sure all smoke detectors work and have fresh batteries. Each floor (including cellar or attic) must have a smoke detector and each bedroom door must be within 5 feet of smoke detector. This is only a very general guideline check your local fire department for exact specs.

I was at a hearing where a landlord brought tenant to hearing for arrears, tenant also filed a T whatever maintenance claim where there were substantial deficiencies. Adjudicator made an order to repair in X amount of weeks, but told tenant that you still have to pay rent and arrears!

Tenant Duty Council/pro tenants like to pull this on unsuspecting landlords that will fold in a panic or will agree to huge rent abatement in mediation.

I have read hundreds of orders and I have only seen one huge rent abatement and the landlord was really at fault and seriously harassing the tenant. In that case landlord deserved what he got!

This is true. And if Tenant Duty Counsel breaks the clearly public rules for paralegals, REPORT THEM TO THE LAW SOCIETY!

PS: To BTL yb dewercs, if you post on some tenant websites, there will only be a couple people reading and the administration will get your ISP address and find out where you live and use it against you. You have been warned.

LLC
I would have prefered that you PM something such as this to me, However you did not, So I will respond to you in the same manner.
They can have my ISP address if they want, in fact they can ask me and I will send them my email, home address, telephone number etc.

Attitudes such as yours only add fuel to the fire and aid this war between tenants and landlords. My primary problem is not the tenants or landlords for that matter, it is the RTA and the LTB. I currently have 4, not great tenants, but superior tenants, and one extremely bad one, yet my main focus is not the bad tenant, it still remains the RTA and LTB. For instance as much as I disagree with many issues surrounding the TDC, I feel that they too are not the main problem. They only milk a system thats ripe for milking. I share the same opinion with regards to bad tenants, and having said that, bad landlords can also milk the system, (just perhaps not as well). Now back to my post on the tenant site that you refer too. As you should have noticed I logged in with the exact same "handle" as I do here, (which BTW if you read backwards should indicate who my concerns are with). Did I announce in capital letters that I'm a LL?, NO, for what should be obvious reasons, (LL's and Tenants appear to be at war with no one side coming to the table and dicussing mutual benificial concerns) To me it is very simple and I believe that others will agree that "the system" is our primary concern and that it hurts good tenants and good landlords as well. To amplify this to you a little better, I believe that it is general knowledge, even amoung us LL's that there are bad Landlords out there as well. Now tell me, how do they possibley get to be bad and stay bad if "the system" is not corrupt for all parties. Only have the energy and desire to give you one example of what it is that I'm saying; Interpretation Guideline #7. Do you think that an adjudicator can only pull this out of their a$$ and use it against a LL? Another question, Do you really hope for some positive changes to "the system" by the goverment only listening to the LL's complaints, or by coming to the table with all sides and hacking out a common soulution to the problems? My vote is for the later.

I have often, (especially on my very angry momments), refered to the RTA as communist, and refered to the LTB as the "KGB". This should indicate to you that I have issues with my goverment telling me what I can and can not do, damn near to the point where I feel that the RTA and LTB have policies governing what I must/must not do in my bedroom!, so please don't tell me what I can or can not say !

You don't get it. It's the tenant activists who helped create the current laws and manipulate the LTB.

The "system" didn't just appear up in smoke. It's like people in the business who don't want to talk about McGuinty. Well why the hell is the LTB stacked with Liberals with an anti-landlord perspective since 2003?

Activists, this is what they do. Those people are failed politicians. They don't have a clue on how to run a hot dog stand, but they know how to intimidate and cajole politicians. If you are so pissed off at LC for trying to give you some advice, then maybe you should just stick to the tenant activists forum. I suspect you are a troll.

Tom

Tom
if you read from my posts that I support the tenant cause, then one of us seriously need to get our head examined, and I doubt it is me. I suspect that you don't even know fully what you are talking about and you have never read my posts on that"Dark Side" forum, cause if you had then I would suggest that you call a doctor right away. I can assure you that I'm not a troll, (heck I just learned the other day what that word means). I and my wife, (not a troll either),have met with Former advertiser, whom I am sure can easily label me as a very disgruntle LL, I have been in contact with others from this forum, some by sharing personal telephone and email address with. I just finished preparing a 4 page letter for Lillian Ma on Monday morning that I have been perfecting since 2 pm this afternoon. It is overly paranoid, (and perhaps for some justifiable reasons), that often get things out of control, and out of focus, of which I havent seen the likes of since the cold war, ie. conspiracies, spies, trolls, find out where I live, etc. Makes me want to watch a good spy movie now. . As far as LLC is concerned, I am pissed off, (but only a little), as you call it not for anyone giving me advice, that is how smart people learn, but for where, how, and what was said. A very respected poster here just PM'ed me an hour ago and provide some insite on this very subject, now I can see some of "the other sides alleged alterior motives". But my opinions that I have recently posted to LLC and now to you remain the same. I simply prefer to calm some of this raging war and come to a more equable solution for all, YES, ESPECIALLY US LL'S

Food for thought, The admins here have a place for Good tenants to post their comments and concerns. I never seen this reflected towards LL's over on the "Dark Side". I think that this in fact sends and provides for a certain spirit similar to mine, that your attitude does not.
Cheers

Dewercs, their website forum actually does have a section for "the well meaning landlord"

They paid thousands for a website with a modern forum that no one posts in.

The discussion forum that is currently in use is an old one that is free but heavily moderated. It gets maybe one post per day and I'm thinking it's the head guy talking to himself

Good advice. Landlords in Ontario have to realize that you are going to be discriminated against at the LTB and the system is stacked against you so you must be pro-active.

One step ahead. Good advice.

Repair log . I hang around with it in my hand and have the tenant sign off before I go , when I do a inspection
that way I have a record that the unit had no repairs needed

true but a repair log gives you the advantage of looking like you are ON tipo if it and having them sign the book take away the maintenance claim

But TDC has an inside track to the 3 year ajudicators who don't want letter so complaint if they want another contract...

Back to the original topic, I think that from now on when I start any action, be it N4, N5, N anything, I will prepare for and expect a "trial by ambush" and make all necessary preperations ahead of time like an inspection just before hearing, a request for any maintenance deficiencies, etc. I will also record and document everything with pictures, video, audio recording, etc. No them bag tenants are going to ambush me any more. Live and learn I guess. However I must admit that I really was'nt ambushed, I expected a maint issue, just not 2 hours out of a 3 1/2 hour hearing of lie after lie with no real evidence.

Unfortunately, I think the "trial by ambush" is only be one of the many tools adjudicators can now potentially abuse LL's with.

viewtopic.php?f=5&t=1299

This new guideline bascially reads that an adjudicator doesnt have to follow the rules anymore. (what is also worriesome is that "Intrepretive Guideline #7 already said an adjudicator did not have to follow guidelines, NOW this Guideline #6 ALSO says the adjudicator does not have to follow guidelines).

Can you think of ANY other business that is governed by regulations that madates its ruling body doesnt have to follow its own rules!!!

To me the intent is obvious............download the "hard to house" and social housing problems on to the private Landlords. Thereby forcing us to take the risks and endure the costs.

What other choice do our govts have?

Peel has a 23 year waiting list for social housing and the TCHC needs hundreds of millions of dollars just to catch up on repairs (and then it will still be facing continuously escalating costs).

always prepare
trial my ambush

dont forget the whole thing is on record
in your closing argument state you came prepared and have pictures of the condition of the unit