Tenants Speak Out & Share Their Concerns & Opinions on the Rental Industry
As part of our “Let’s Improve the Ontario Rental Industry” we have invited our tenant members 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.
With vacancy rates so low and so many people seeking a home we need protections. The biggest story these days is how a crazy small landlord shot his tenants due to to mold issues.
All we want is a safe and affordable home owned by a professional landlord who understands the Residential Tenancies Act and follows the Landlord and Tenant Board rules.
While landlords want credit and criminal checks, Tenants are just trying of find a safe and affordable home.
A Way For Tenants To Find The Best Landlords
Even landlords on the ontariolandlords forum agree that Tenants need a way to find them.
These are landlords who used to rent themselves and want to create the rentals and be the landlord they always wanted to find.
This new service gives Tenants a way to find the best landlords and reward them!
And punish the bad landlords who give them all a bad reputation.
There Are Great Landlords Out There…Make Sure You Find Them!
Let’s make sure this super excellent new website is a way we can protect each other!
Make sure to add comments on your experiences, especially if the small landlord is someone you want to warn others about. It’s exploding in popularity according to CTV NEWS,
The link is-
SHARE THIS WILL ALL YOUR FRIENDS! LET’S HELP US ALL SURVIVE!
IT’S ANONYMOUSE!
This is a great way to protect Tenants and promote Good Landlords.
It’s win-win!
I’m a Tenant who wants to make my voice heard for fairness for both Tenants and landlords. By communicating our concerns to each other I hope to help improve the Ontario rental industry. Thank you for this very fair platform to “make things better” in these trying times. I think all good landlords will agree that this situation is unfair and help us fix this “loop hole”.
The news was shocking! Landlords can now “step aside” the Landlord and Tenant Board. And it’s so easy!
This is right out of the show Black Mirror!
It’s like you can use some “drivers ap” to drive and you can speed and even do hit and runs with no punishments!!!
Background
A family from Switzerland came to Toronto with their kids. They needed long term housing, as both Mom and Dad had proof of a work permit and their kids were in school. They signed a one year contract with Airbnb to live in a nice area and paid rent on time.
They only decided on this property because they signed a nearly one year agreement.
A few months into this long term contract the landlords ordered the Tenants to “move out” and eventually locked them out!
You can read more about this here.
Landlord Tenant Board Should Be Called The Landlord Board
The Tenants and the landlords both filed at the LTB
The result was shocking and unfair…and a HUGE WAKE UP CALL FOR TENANTS!
The Tenants lost because the adjudicator said they were just like “on vacation” like “living in a hotel”.
Facts Were Ignored At The Landlord And Tenant Board
The Tenants and landlords agreed to a long term agreement.
For a year.
It was a contract and the nice family wanted a year of stability and safety.
It Was A Long Term Rental From Day 1, Not A “Vacation Hotel”!
Tenants were not on “vacation” they signed the contract for a long term rental:
-they both had year long work permits
-were working
-their kids in a local school for long term education.
When The System Is Broken – And It is Broken
We hope the Tenant appeals, but they are still locked out of their home.
Harsh Results!
The Tenants signed for the long term. Now they are faced with horrific challenges. They need to find new housing, new schools, expensive moving their belongings, and even might have to quit their jobs.
The Emotional Toll Was Huge!
Imagine having your home taken away from you. All because of a loophole that allows landlords to use an “ap” as a weapon. We need more protections!
Good Landlords Will Understand Your Worries And Offer You A Real Lease That Protect BOTH Parties!
I’m not saying all landlords will use this “LTB/RTA LOOPHOLE” but based on this experience it’s important for all of us to do whatever it takes to protect ourselves and our family.
Good landlords will always be happy to get you to sign with the Ontario Government Lease.
How Can You Download The Ontario Government Lease To Sign With Your Landlord?
You can download it for free here.
When this is signed you get Tenant protections from the Landlord and Tenant Board under the laws of the Residential Tenancies Act.
Stay Informed And Stay Safe
With scorching rising rents and fewer and fewer affordable rentals out there make sure you are informed and make sure you protect you and your family.
CBC news recently had an incredible story about Komaldeep Makkar who came to Canada from India, via Dubai. She and her family had high academic qualifications and great jobs in Dubai.
While successful in Dubai it had always been her dream to come to Canada and be a top architect as she had ben while in the Middle East and India.
After becoming a Permanent Resident Komaldeep found finding a a suitable job impossible to get. Whether it was not accepting her high degrees or demanding “Canadian work experience” it was clear that she was being ‘blocked’ from the career she earned.
Komaldeep made it clear: Canada “erected systemic blockades to prevent immigrants from succeeding…”
Tenant Newcomers Are Experiencing The Same Discrimination
As the Canadian government website states: People come to Canada for many reasons. No matter where they’re from or why they’re here, a warm Canadian welcome can make a difference. Help make your neighbourhood a better place for everyone to live.
However, like Komaldeep was kept out of getting the career she deserved, many Tenants who are new to Canada are being kept out of the housing they deserve.
Many newcomers were home owners before. Or they were Tenants in their homelands with years of successful rental history and even letters of recommendations from former landlords!
However, many newcomers are experiencing the same erected systemic blockades as Komaldeep did. Only this time is discrimination for getting approved for renting a Home in Canada by landlords.
It’s Time To Change The Human Rights Code On Housing To Prevent Discrimination Against Foreign Rental History
The Human Rights Code already has rules for landlords to not discriminate against Tenant applicants for many categories. Now it’s time to include landlords must take into account “Foreign Rental History.”
Newcomers can provide with landlords with documentation which must be included in any judgement on renting a Home:
-Leases from previous tenancies
-Deeds from former home ownership
-Bank account statements showing rent was paid
-Letters of recommendation from previous landlords
How Can This Be Enforced?
Tenant applicants can file a Human Rights complaint if the landlord discriminated against them.
However, we have an even better idea:
A Landlord Must Rent To Newcomers If the Following Is Provided:
-Proof of 2 Years of Successful Renting in Their Home Nation (no evictions)
and
-A Letter of Recommendation From Your Foreign Landlord (Rent was paid)
Is This Fair?
While many Tenants think this might be going too far as they want to protect their tenant history and it is unfair for PRYING EYES who they don’t know who is looking at their person info., it also protects the landlord just as they would want to screen a local Canadian Tenants. So landlords should be happy they are getting so many qualified Tenants.
We Asked Landlords From Across Canada How They Felt About This New Policy
A landlord from Ontario replied “I never knew how difficult it was for new immigrants to rent a place. This new policy sounds like a great way to help people find a new home.”
A BC landlord said “This sounds like it even the playing field for all tenant applicants.”
Nova Scotia landlords were united on this new policy being “really what Canada is all about, be fair.”
More Fairness
An Alberta landlord from Edmonton wanted to add to this new law: “It’s also important that landlords pay for the costs of all translations of the documents because we will recover the fees for this from the rent profits the Tenants will pay.”
Thank you for accepting my submission as a volunteer. This is just my opinion based on comparing different areas and how Tenants are treated.
Landlords in Ontario continue to claim things such as “Tenants have all the rights”, “The system isn’t fair” and “Landlords have no rights.”
This is not true.
The real problems Ontario landlords face is not the ‘system’, it’s their lack of professionalism.
Sorry…in the Western nations Tenants have rights! Be professional and you don’t have any problems!
From not screening properly to not being fair to their Tenants to not bothering to train and view being a landlord as a job and not just sit back and take the money.
—“If you don’t treat small landlords right no one will invest.”
—Meanwhile there is MASSIVE and HUGE rental investment in Ontario rental properties in 2022.
I’m going to show you a clear example.
Ontario Landlords Have More Rights Than California, USA Landlords! Yes, USA!
And it’s an important example as many Canadians think they are more ‘fair’ and ‘gentle’ compared to Americans.
It’s simply not true.
California Offers Real Protection For Tenants: Tenants Who Didn’t Pay Rent Between March 1, 2020 ad September 30, 2021 Cannot Be Evicted!
Smart and handsome California governor Newsom really knows how to protect Tenants.
Did you know in California this is the PERMANENT law:
State law permanently protects residential tenants from eviction if they were unable to pay rent due between March 1, 2020 and September 30, 2021 because of COVID-19-related lost income or increased expenses.
All Tenants have to do:
To be protected, tenants must return a declaration that their landlord must give them along with any eviction notice seeking collection of this rent.
California Is Very Clear To Protect Tenants And Their Rights
Can a landlord pursue back rent through an eviction process even though the landlord has also obtained relief or compensation from another source?
No. The eviction moratorium prohibits a landlord from using the eviction process to recover delayed rent if the landlord has already been compensated for the unpaid rent through federal or state government relief funds or other programs that provide such compensation.
Does the moratorium provide tenants with any affirmative defenses if a landlord files an eviction lawsuit against the tenant, in violation of the moratorium?
Yes. The moratorium grants an affirmative defense that may be raised at any time in an eviction lawsuit (also known as an unlawful detainer action) if a landlord files the lawsuit in violation of the moratorium.
The moratorium says that “a landlord may not deceive a tenant in connection with . . . this Order.” What does that mean?
A landlord cannot intentionally or carelessly provide false information about the protections provided by the moratorium, or what the moratorium requires landlords or tenants to do. Providing incomplete information could also be a violation.
What should a tenant do if a landlord serves an eviction notice, files an eviction lawsuit against the tenant, or provides false or misleading information, in violation of the moratorium?
Tenants can complain to the City Attorney’s Office if landlords don’t comply with the moratorium. If informal efforts to get the landlord to rescind notices fail, the City may issue a fine of $1,000 or file a lawsuit. Also, the tenant or the City can sue the landlord for violations the Tenant Harassment Ordinance. The maximum civil penalty for a violation of the Tenant Harassment Ordinance has been increased from $10,000 to $15,000 during the emergency.
https://www.santamonica.gov/coronavirus-eviction-moratorium
Residential Eviction Protections for Non-Payment of Rent
Los Angeles County Eviction Moratorium: For rent due from July 1, 2022 through December 31, 2022, tenants whose household income is at or below 80 percent Area Median Income are protected from eviction for nonpayment of rent, if they certify their income and inability to pay due to financial impacts related to COVID-19. To be protected, tenants must provide notice to their landlord within 7 days of rent is due, every month that rent is due. This program was enacted by and is administered by the County of Los Angeles. For more information, please visit https://dcba.lacounty.gov/noevictions/ or call 800-593-8222.
State law permanently protects residential tenants from eviction if they were unable to pay rent due between March 1, 2020 and September 30, 2021 because of COVID-19-related lost income or increased expenses. To be protected, tenants must return a declaration that their landlord must give them along with any eviction notice seeking collection of this rent. Even if a tenant has already provided a declaration each month, they should return this declaration as well. State law says that tenants must have paid 25 percent of rent due for September 2020 – September 2021 by September 30, 2021 in order to be protected. However, tenants who did not pay 25 percent may still be protected from eviction if they apply for state rent relief or their applications for state rent relief are pending. Residential tenants can call the Legal Aid Foundation at (800) 399-4529 for more information.
State law also prohibits a court from issuing a summons in an eviction case for rent owed through March 31, 2022 unless the landlord declares under penalty of perjury that he or she applied for government rental assistance and was rejected; and provides a copy of the final rejection. This prohibition expires on June 30, 2022.
Even after March 31, 2022, tenants who can pay all the rent owed with the help of rental assistance now have more time to pay to avoid eviction. Tenants can contest or overturn an eviction at any time prior to leaving if they can show that with approved assistance and their own funds (if needed) they can pay all the rent owed. Tenants can do so even after getting a court ruling against them. This protection only applies if the rent was owed between March 1, 2020 and March 31, 2022 and the tenancy began before October 1, 2021.
Protections against evictions for reasons other than nonpayment of rent have also been extended. On June 29, 2022, The City extended the following protections until December 31, 2022*:
Special protections against eviction for refusing non-emergency entries were not extended and are no longer in effect. Landlords must still comply with California law regarding entries, including entering only for specific reasons and providing reasonable notice.
*If the County Health Office Order is terminated, or the City does not ratify the need for a continuing local emergency every 60 days, the protections would end prior to December 31, 2022.
Los Angeles County extended protections against eviction for nuisances, unauthorized occupants and animals, and certain owner-occupancies through December 31, 2022, but did not extend protections for denying entry to landlords beyond May 31, 2022. Where protections are provided by Los Angeles County and the City of Santa Monica, the stronger protection applies. You can find more information at https://dcba.lacounty.gov/noevictions/
