Archive for the ‘Good Tenant Tips’ Category

Tenants Must Have Their “Foreign Rental Housing Experience” Count To Be Accepted Into The Housing They Deserve in Canada

Sunday, April 2nd, 2023

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.”

Ontario Landlords Have More Rights Than California, USA Landlords! Yes, USA!

Friday, October 21st, 2022

 

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*:

  • Protections against “no-fault” evictions, including owner-occupancies;
  • Protections against evictions for nuisance, with limited exceptions for health and safety concerns, or for unauthorized occupants or pets;
  • Owners may serve requisite notices for an Ellis Act eviction, but shall not file an eviction based on removal of a unit from the market under the Ellis Act until 60 days after 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/

International Students Be Careful Of Rental Scams

Friday, September 2nd, 2022

Coming to a new land can be exciting. There can also be dangers. So be happy, be positive but always be careful.

For example, be aware there are lots of “rental scams” happening in Ontario.

This has nothing to do with real landlords, but people who act as the landlord when they aren’t!

According to CBC news an international student at the University of Waterloo in Ontario says she was eager to settle into new housing ahead of the fall semester, but was stripped of her savings and is fighting poor mental health after falling victim to a rental scam.

The victim is Armina Soleymani who moved from Iran to Ontario 3 years ago to get her Doctorate degree.

She says:

“Before, I had one problem: Finding a place. But now, I have two problems: Finding a place and getting my money back … I can’t focus on my studies.”

Soleymani’s experience comes following a slew of warnings by the Waterloo Regional Police Service, and as officers confirm they’re probing multiple reports of rental fraud in the university area this month.

Soleymani said she began searching for a new rental unit near the university about two months ago in order to secure a place before her current lease expires Aug. 31.

How The Rental Scam Works

Earlier this month, she found an online listing from someone calling themself a tenant through a Facebook group that’s popular among students. The woman said she wanted to sublet a unit at a building on Columbia Street West in Waterloo. Soleymani arranged an in-person appointment to meet with the woman on Aug. 6.

Soleymani said the woman, who claimed she was a student, gave her a tour of the furnished unit, and then they signed a lease agreement.

She said the woman requested that Soleymani pay $2,000 in cash to cover first and last month’s rent and a key deposit.

“I got suspicious and asked her for her ID,” said Soleymani. “I asked her to come down in front of the building’s main entrance door where there were two security cameras and I paid her.”

Soleymani said the woman gave her a key, which turned out to be fake, and was told it would work on the move-in day, so there was no opportunity to try it out beforehand to see if it would gain her access to the building.

Soleymani also said she kept in touch with the woman through Facebook, but after a few days, she noticed the woman’s Facebook page had been deleted. When Soleymani went to check on the unit, she happened upon a building manager, who advised her she had been scammed by the woman and there were other victims.

From what Soleymani understands, the woman didn’t actually live there. She also understands, based on what the building manager told her, that the woman had been subletting the unit herself from another person who was subletting it.

Soleymani said she believes scammers go out of their way to target international students or those scrambling to find a place weeks before school.

“During this time, students are desperate, they just want to find a place,” she said. “I think right now I realize several [red] flags, but I was under the pressure of finding a place. When your priority is to protect yourself from being homeless, you can’t focus on other things.

“There are lots of international students … that are looking for a place with no success … We have no choice other than to trust people and I know for many other students who come from overseas, there’s no choice but using online applications,” she added, noting language barriers also make the process more challenging.

Soleymani said the situation has impacted her mental health, and left her unable to focus on her studies and research. She hopes her story will raise awareness and help others.

“I just want to warn the other students. I don’t want anyone to experience the same situation.”

How You Can Protect Yourself and Your Money!
According to the University of Toronto you can protect yourself in the following ways

Let’s All Go To Tenant School! (It’s Free)

Friday, August 5th, 2022

This is Cassandra from the forums. I’ve submitted this and hope lots of people read it.

Tenants only want to follow the rules and protect our rights under the law.

But what if you are busy working multiple jobs just to pay the rent and put food on the table for your children?

Meanwhile, you landlord is trying to do something you think is wrong but how can you fight back?

There is now a terrific way for Tenants learn more about our rights!

This will be informative and fun and teach you about your rights and how to protect yourself. Good landlords will appreciate you knowing about the Residential Tenancies Act (RTA) so both sides are equal partners when it comes to understanding the system.

Here is the information:

Come to our August Tenant School – for free!
Register for the FMTA’s Tenant School program

You can now register for the FMTA’s Tenant School program which provides training to tenants and tenant association leaders about your rights under the law and how you can organize with your neighbours.

Some workshops will be over Zoom and others will be held in person at Christie Pits Park (across from Christie subway stop on the Bloor line).

Here is the schedule of workshops:

On Zoom:

Tuesday, August 9, 7-8:30 pm: Introduction to Landlord-Tenant Law

Wednesday, August 10, 7-8:30 pm: Human Rights and Housing

Thursday, August 11, 7-8:30 pm: City Hall 101

At Christie Pits:

Sunday, August 14, 11:30 am – 4:30 pm:

*Getting Repairs Done

*Community Organizing and Tenant Associations

Read more here: Come to our August Tenant School – for free! – FMTA (torontotenants.org)

 

Group takes Landlord and Tenant board to Human Rights Tribunal over ‘digital first’ system

Monday, July 4th, 2022

Legal clinics that support renters have banded together to file human rights complaints against Ontario’s Landlord and Tenant Board alleging its “digital first” strategy has discriminated against tenants based on age, family status and disability.

For the first time in its history, the Advocacy Centre for Tenants Ontario is bringing applications to the Human Rights Tribunal of Ontario against the LTB and its parent organization, Tribunals Ontario, that call into question the entire method of holding hearings, alleging that “digital first” has created systemic discrimination that puts Ontarians’ human rights last.

“When you do a single system with a service delivery mode that’s digital, there’s a generation of people that didn’t grow up with computers,” said Mairghread Knought, a community legal worker with the Nipissing Community Legal Clinic who has attempted to help people from all over the province who have struggled to have their cases heard in the often chaotic online hearings. “Putting a justice system online where housing is at stake – this isn’t renewing your licence – there’s a customer service aspect really missing here.”

At issue is a decision made in 2020 by Tribunals Ontario and the LTB to no longer hold hearings in person and focus on doing its work online or over the telephone. Officially, in-person hearings remained possible, but examples of it happening were virtually non-existent until recent months. Initially the move was said to be necessitated by pandemic restrictions, but even as other courts have opened up and begun taking in-person hearings, the LTB has signalled its intent to stay “digital first” for good.

ACTO’s lead lawyer on the file said that the Tribunal’s attempts to prioritize speed have not only failed to eliminated massive backlogs and wait times for hearings, but have been detrimental to a large group of tenants.

“No one can deny it works for a lot of people, and for some people it might be better than before,” said Ryan Hardy, staff lawyer at ACTO, referring mainly to landlords seeking evictions. “Clearly if you sacrifice procedural protections, or sacrifice access to duty council, and sacrifice a lot of the rules of evidence, I’ve seen an application for an eviction disposed of in under two minutes.

“If you do that it’s probably more mathematically efficient, but at what cost? How many people got evicted who might not have been evicted under a fairer system?”

Lorraine Peever, 77, is the complainant in one of the first HRTO cases ACTO is bringing. In 2019, she tried to file a tenants application for compensation after her building – a District of Nipissing Housing Services seniors residence in North Bay with 106 apartments – was infested with bed bugs.

“I had to put on extra pants, and tuck the pants inside the socks. My arms were bitten; I put extra-long socks on my arms, a sweater. I had a towel around my neck, a fancy scarf on my head: That’s how I went to bed,” said Ms. Peever. As the bug issues continued to plague the building well into 2020, Ms. Peever grew increasingly irate at the costs borne by her and other tenants. At one point she was told to put everything she wanted to save in three plastic boxes, which meant throwing away almost everything else, including gowns she had for dancing. But on several occasions she was unable to join the new all-digital hearings on her phone.

“The things going on in this building are not right. I was getting fed up. It bothered me really, really bad,” said Ms. Peever, who eventually contacted her local legal clinic for help. “We’re all seniors and nobody wants to talk up or nothing … we’re not all bright and have computers.”

Ms. Knought’s office has fought twice now to get Ms. Peever’s case heard. Ms. Peever is still waiting to find out whether the LTB will hear her application. She missed her most recent hearing after being badly injured in a winter storm, ending up in a rehabilitation hospital with three broken vertebrae.

“No one wants to have to do a human rights complaint,” said Ms. Knought. “It’s sad that no one seems to be listening.” ACTO runs the provincially funded Tenant Duty Counsel program that puts a trained lawyer in every hearing room – once physical, now all digital – to advise tenants who are allowed to represent themselves at the Tribunal but often need guidance on how to do so. Ms. Knought has worked with the legal clinic on and off for two decades and has advised tenants in hundreds of digital hearings since COVID-19 began.

“It was a Band-Aid solution and it hasn’t been done well,” said Ms. Knought. “What we see is individuals who struggle with mute and unmute.”

In Northern Ontario, in-person hearings were rare prepandemic, she said; about twice a month the Tribunal would set up temporary shop in a Best Western hotel, but at least tenants had a chance to be heard. “This is the worst I’ve ever seen it. … I’ve never worked anywhere where the ability to communicate with a government body has been so bad.”

Even though the LTB has hired more adjudicators in recent months and scheduled more hearings, Ms. Knought said there are more adjournments than ever – and even if there is a hearing, the relative inexperience of many of the new adjudicators means there have been lengthening delays in getting written verdicts.

“The Attorney-General must ensure the LTB’s digital hearings are fast, fair, and easy to use for all, and guarantee an in-person hearing if a tenant or landlord requests one,” said Jessica Bell, NDP MPP and critic on the housing file, who has spoken out for months about service problems at the LTB.

Tribunals Ontario did not respond to a request for comment.

“I’m hoping the government will wake up,” Ms. Peever said. “It’s been dragging on and nothing’s been settled.”