Hello Follow Landlords .
My name is Kayla and I am a local Landlord of a 5 plex in the City of Cambridge . As of Dec 13 2011 our City Hall Councilors passed a Bylaw that made Landlords responsible for delinquent water accounts . This issue sparked interest to many Landlords in Cambridge and also tenants .
The City of Cambridge is not the only ones doing this . Kawartha Lakes , Waterloo , and Barrie are still fighting this issue . These are just a few of cities that I know of .Niagara Falls implemented the same By Law back in 2008 but Landlords there Protested this By Law and Won . The Landlords in Cambridge plan to do the same .
It is tough to be a Landlord these days .and now since the Provincial Legislation allows you municipality to do this ...Municipality's are . Proper wording of the Legislation is Followed :
In 2001 the Municipal Act in Ontario was completely revamped, becoming the Municipal Act, 2001
(the “Act”). As part of those changes, many of the provisions of the Public Utilities Act (the “Utilities
Act”) were repealed and brought within the ambit of the Act.
Little noticed among the changes at that time was the inclusion of a provision in the Act allowing
municipalities to add utility arrears incurred by a tenant to the tax bill of the property owner. Section
398(2) of the Act provides that a local municipality may, and upon the request of a local board, shall,
add fees and charges imposed by the municipality or local board to the tax roll. In the case of debts
owed to a public utility, those debts may be added to the tax roll of the property to which the public
utility was supplied. What this means is that property owners may be burdened with utility arrears
they have no control over.
The addition of this particular provision reversed the law in this area as established by court decisions
holding that it was not reasonable that a landlord should guarantee a utility charge where the
landlord was not the consumer: see for example the 1998 decision of the Ontario Court of Appeal
in 710357 Ontario Limited and 840703 Limited v. The Corporation of the Town of Penetanguishene and the
1991 decision of the Ontario Court of Justice in Bracebridge Hydro Electric Commission v. 796479 Ontario
Limited c.o.b. Riverside Apartments.
Niagara Falls ,Penetanguishene and Bracebridge ...Challenged the City directly and Won or went to court and Won and as of 2010 Barrie Landlords announced they are suing the City of Barrie for this water issue .
This By is going to effect Landlords Financially where it is not worth being a Landlord . Landlords have a hell of a time kicking a tenant out for non payment of rent , approx 5-6 months . Now tenants can stay in a rental unit with out paying rent or their water for approx 5- 6 months . This By law is leaving Landlords open for abusive tenants ...Bad tenants more then likely leave the water taps running 24/7 , since they can leave for a all inclusive apartment building and or Set up a new account for a payment of 230 dollars at a new address .
Landlords would need to battle a water billing tenant in Small claims court ...Long wait times , more money and no solution..cause the tenant could do a mid night move and be gone .
I took the risks of being a Landlord when I was 18 and I am now 26 . I bought a semi because the tenant paid for the water . I sold my semi to buy a 5 plex ...cause my tenants paid for their own water . I bought a duplex know I had to pay for the water and that is why I rent my 2 bedroom unit to one person and it will always be one person .
I should not be a co- signer for my tenant , I should not be a collection agency for the City of Cambridge and I should not have to PAY for someone else water bill DEBT .
Proving this By law UNJUST ..is a passion of Mine . I am young and I am looking out for mine and my family's future ..Got to invest somewhere ..right ?
The tenants are also getting a Crapping hand on this too . Now they have to pay a 230 dollars deposit for a new water accounts ( This fee was put in place by City of Cambridge to help cover cost to the Landlord for when a tenant goes Delinquent) If a tenant can not pay the 230 right away then the 230 can be put to the tenants first Bill . Always with the first bill ( Every BIll ) a 4 dollar tenant account fee is applied to the bill to cover the cost of handing the holding process of the 230 dollar deposit . Then a 60 days usage will be added and all the other water and waster water charge Approx 11.82 ..(Rates are going up for 2012 for Cambridge )
Tenants are also having all their personal info shared with their Landlords ...I know I wouldnt want my Landlord knowing my business and... this is when the privacy act comes into play .
Now tenants should be aware ...if a Landlord wants to spend the money to go through court ..they may lose their home because of a water bill . This is not right !!!! Also Tenants are going to be having a hard time find affordable housing . Landlords are going to be selecting the lease amount of people possible to rent their unit Due to the risk of a delinquent water bill .
I am looking for support from all the Landlords in Ontario to help Cambridge and the other Cities in Ontario battling this same issue . This By law is spreading across Ontario but Landlords need to stop it now before it goes further . We can will in Court too ..we need the firm group First .
I am not the greatest writer or speller so please forgive me but I hope I am getting the NEWS out and I would love to hear for Question , comments and thoughts on this issue that is destroying my small business
You can also contact me at andrade_k1985@email address
I also do alot of my news spreading through the phone lol .