Archive for the ‘naborly.com’ Category

No Covid Evictions: How To Not Pay Rent And Win At Your Landlord and Tenant Board (LTB) Hearing In The Future (up to 2 years of free rent)

Saturday, September 12th, 2020

Disclaimer: “This isn’t an attack on landlords. This is an attack on the system that got us here.”

“The Landlord Tenant Board is shut by Covid. When it opens again, the backlog will be biblical. The tenants will still be there, squatting, in a year. In fact, they can just stop paying rent.”

Former Canadian Minister of Finance (May 2020)

“What Happens Now The Landlord and Tenant Is Open? Will I Be Instantly Kicked Out Of My Home” (NO! DON’T WORRY!)

This is easy, you couldn’t safely pay during a world wide crisis and Premier Doug Ford said don’t pay….No offer of a payment plan…NO EVICTION!!

WHY TENANTS NOTHING TO FEAR! — How To Avoid Getting Evicted Now The Landlord Tenant Board Has Reopened?

My last post was a huge hit and so controversial! Telling the truth makes the bad landlords to cry. After all they just expect rent as a god given right.

The bad landlords attacks on me are very interesting. They are trying to bully me from educating tenants (and good landlords who can learn a lot too.)

This shows why it’s time to license landlords and demand proof of a bachelor degree and a criminal check as well as showing the deed and mortgage documentation. 

This is the real path for success for Tenants, not rent strikes.

I am just informing tenants of strategies that can be used in these super challenging times.

These landlords don’t want this published, they are afraid of the real laws. I guess they are real estate agents trying to shill “make money with rental properties.”

Just like a good prosecutor or defense attorney will not break the law, but figure out a way to use it, my post was not intended to do anything but protect tenants and keep people from becoming homeless through no fault of their own.

Rent Strikes Are Not A Good Option For ‘Small” Tenants

Many tenants in larger buildings are conducting “rent strikes.” That’s one choice for tenants, but in larger buildings tenants have strength in numbers.

It’s a lot easier when you have hundreds of other tenants supporting you.

It an be very different when you are alone, with loved ones, and dealing with a vicious landlord all by yourself.

You worry about your landlord and her thugs storming in while your baby is sleeping.

Or breaking down your door and assaulting you or one of your family members.

Or taking off our doors and windows leaving your babies to the harsh winds that are now here.

And some tenants worry even worry their landlords might go even further like a landlord who threatened to KILL his tenant and SELL his baby on the black market if rent wasn’t paid!

…It’s so scary I don’t even want to write about it, but some landlords are making threats (which need to be reported to law enforcement, call 911).

Landlords Are Excited And Think Mass Evictions Are Coming Soon – But This Won’t Happen If You Position Yourself Appropriately

“Fer sure we gonna get them so hard they can’t sit in the crapper fer months an we can grow the rental shocks!”

From social media it’s clear many landlords want money and even more want some type of revenge against hard working tenants just trying to survive during this deadly pandemic. This is shocking and frightening.

I’m going to make that family of seniors homeless and on the street!

Let’s Do A Deep Dive To Help Tenants (Tenants Must Learn)

First, remember it was conservative Premier Doug Ford who said tenants don’t have to pay the rent and will not be evicted. This was shocking to everyone including tenants. If landlords are angry about this they should be contacting Ford (who ignores most of them).

Ford said what he said and tenants followed what the leader of our province said to do.

What This Means For Tenants

It means make sure you print out the links I sent and show it at your LTB Hearing.

You have to be forceful and take control at the Landlord and Tenant Board because it’s even more amateurish than before. All the high quality people left!

Since Ford won all the smart and professional adjudicators resigned in disgust of how things were being handled.

At least McGuinty rightfully got rid of under-educated adjudicators who were just political appointments and didn’t even have law degrees or paralegal training.

So now you have mediocre leadership and new adjudicators are mostly part time and paid peanuts just desperate to avoid working at Walmart so they don’t really care.

Oh I want to evict them so hard, I’m hard….

1. Tenants Need To Control The Narrative At The LTB

Landlords and their high priced legal reps will try to frame this as “you didn’t pay rent, you are evil and get out!”

This is very easy to counter and will back-fire on the landlords acting so savagely…but you need to be aggressive and control the narrative.

You Are the Victim, Not The Landlord: “I was  just listening to Premier Ford and Trying To Survive!”

By not paying rent (or paying a little bit) you were following the advice of the Premier and the Housing Minister.

You did nothing wrong…You listened to the Premier and Housing Minister… You paid what you could…or didn’t pay because you couldn’t.

Madam Chair: “It wasn’t my intention not to pay rent for the year, it was due to needing to survive!”

Do this and you are already winning at your LTB Hearing.

Here are links to the Premier and Housing Minister saying you won’t be evicted for paying rent.

https://www.cp24.com/news/tenants-who-can-t-afford-rent-due-to-covid-19-won-t-be-evicted-ford-says-1.4861760

https://globalnews.ca/news/6764049/renters-not-evicted-ontario-coronavirus/

PRINT BOTH OUT AND MAKE THEM A KEY PART OF YOUR CASE.

It’s not your landlord vs. you, it’s your landlord vs. you, Premier Ford, and the Minister of Housing! Guess who will win?

2. The Landlord and Tenant Board is a “Social Justice Tribunal” not normal court.

This means the LTB takes the concerns of tenants seriously. It’s not just “black or white”. It’s a “social justice tribunal” that cares about your human rights.

What This Means For Tenants

It means the LTB will have to seriously consider the situation you faced when you didn’t pay rent. Landlords often think “you didn’t pay, you get the hell out!”

That’s not the way the LTB (a social justice tribunal) works. Tenants can explain our situations and why we had to do what we had to do.

Housing is a human right and if you need money to survive and can’t cover rent the LTB will be understanding and it’s okay.

Fortunately, thanks to McGuinty and Wynne Ontario isn’t the “Alabama” or “Mississippi” no justice states so many landlords crave it to be. Make sure to have your “story” of “hardship” and you won’t be evicted.

I can’t evict immediately? I have to follow the legal process? WTF?!

3. The LTB Will Be Clogged And Landlords Won’t Get A Hearing For Months

Due to mismanagement even before the pandemic it was taking landlords 6-8 months to get a hearing date. Now it’s going to be even more swamped.

Remember all the cases set for March – July were postponed and these cases filed before the March shut-down will be at the front of the line.

Even investment guru Garth Turner (former Canada Minister of Finance) has said:

The Landlord Tenant Board is shut by Covid. When it opens again, the backlog will be biblical. The tenants will still be there, squatting, in a year. In fact, they can just stop paying rent.

What This Means For Tenants

It means even though you may receive an N4 it is just a piece of paper and nothing more! The N4 Means Nothing!

Your landlord will have to file to get a Hearing at the LTB and it won’t happen for months, perhaps years!

Smart landlords will try to work with you and work out a win-win situation because the reality is landlords are powerless and have to wait for the LTB to open and for their Hearing to be scheduled.

If you have a great small landlord let them know you can avoid the LTB and work something out together. But landlords will need to obey your payment plan or reduced rent. If not, let them take you to the LTB where they will lose.

LET’S DO IT! – Work Now To Create Your Case To Win At the Landlord and Tenant Board

Let’s focus on what you need to do.

—Control The Narrative From The Start

Firstly, control the narrative that Premier Ford and the Housing Minister told you that you don’t have to pay rent and won’t be evicted and you needed to focus on food and survival.

—Document your situation

Document, document, document! Show your costs, keep copies (and take pic of) all your receipts for food. Show your total bills.

When the adjudicator asks you why you didn’t pay rent (or full rent):

-Have your employment situation laid out. Did you lose hours, laid off, etc.

-Did you have to rely on CERB which could have ended at any time so you needed to save for food?

-Show your grocery bills (copies will be helpful).

-Show receipts for other costs? Do you have kids who need diapers, pablum, some toys? Show one receipt is enough because of course these costs are regular and add up.

-Did you have sick relative you needed to help? Show gas receipts, other costs.

-Do you have kids? Bring them to the LTB Hearing! Explain how you had to pay for their food and as a good parent you bought some toys, etc.

—Show You Tried to Pay (And If You Paid Some Rent It Will Be Even Easier To Win)

If you can show you tried to pay even $100 it will work in your favour. Make sure you have witnesses and people who will sign affidavits for you.

KEY POINT – No adjudicator will ever evict you if you tried to pay (and can prove it) or couldn’t pay (and can explain why)  They won’t evict you!

They will give you a long term payment plan. If they evict you they will be fired under these circumstances. You file for a review and go to the media!

If they evicted you there are ways to make sure they lose their job (their 2 year contract won’t be renewed).

In this crappy economy these people want to keep their cushy jobs. You only need to give them the ammo to help them help you.

KEY POINT – Landlords who didn’t offer you a fair payment plan will go down hard and lose at the Hearing. Bill 184 made this a new rule:

Because the new laws will PUNISH landlords who didn’t try to create a payment plan with you!!!

So landlords are already getting ready to just “lie” they offered you one. Make sure you are ready to challenge them on their lies.

Let’s Review Things.

-Your Eviction Hearing Will Take Months or Years To Get. Think July 2021 For Your Hearing

-When You Go To Your Hearing You Will Not Evicted If You Plan

1. At your LTB Hearing many tenants will have their owed rent ‘forgiven’.

2. At the very worst you will be put on a payment plan where you start paying rent + $50 until 2021 or beyond..

You pay me now or i will. keep emailing Ford!!!

Bad Landlords Trying To Make A Buck Are Pathetic!

We Need To License Small Landlords

Not all landlords are bad. It is usually the uneducated mortgage frauds who are. So let’s license landlords and demand a valid Bachelor Degree and an annual test and maintenance inspection to be able to own an rental.

This will eliminate many of the worst rural rump landlords and allow good landlords to thrive.

Tenants Should Co-Operate With Their Landlord If Possible

Of course, if you have a nice granny landlord try your best to help them out. But if you have a corporate landlord or a snotty rich landlord who is living in Bahamas and cheating his wife there is no need to have any mercy.

Because bad landlords don’t care if you live or die.

Tenants Prepare Now To Win When The LTB Opens

If you prepare you will win. Easily. It’s a cakewalk!

Landlords are hoping you are not informed of your rights, not informed of the realities of the situation, and not informed that you can protect yourself and your loved ones and WIN!

No wonder by past post got so much attention.  And all I did was explain how the system works.

But remember if you have a small grandma landlord who you like, educate them and work something out and co-operate together.

But Never Forget – YOU WON’T BE EVICTED!

If you plan and play it right:

1. The LTB will deny the eviction and effectively eliminate your arrears – but would still likely make sure you started paying the rent again. 

If your landlord did not offer you a payment plan they will be punished!

2. In most cases the LTB will make an Order to re-pay with an enforceable payment plan under section 78 of the Act.  In laypeople’s terms it means you need to make a small payment and can’t miss it. But you will not be evicted.

3. You can always just leave. Your landlord will then have to find you, serve you and sue you in small claims court. It’s a very difficult process and small claims court justices are on the Tenants side.

Big debts? Be like Trump who “went bankrupt” 5x and never paid money owed LOL!

4. If you ever get a judgement against you just declare bankruptcy and the debt will never be collected from you.

Declaring bankruptcy is an important potential strategy so you don’t have to pay what you legally owe someone. Even President Trump in the USA declared bankruptcy 5 times! It’s a weapon tenants can use!

FREE LEGAL AID!

Tenants can get free legal help. So before your hearing make sure you contact a legal aid clinic to help you prepare. And when you are at your hearing make sure you get the free legal aid lawyer or paralegal who helps tenants to speak on your behalf in front of the adjudicator!

I Worked Out A Fair “Win-Win” Payment Plan With My Landlord

Thursday, August 13th, 2020

 

My Landlord Cooperated With Me 

These are difficult times for everyone. So many people are out of work and many have even been fired from their jobs!

The pandemic has changed the world and has hurt so many people.

And with all the schools closed many parents have to try to educate and entertain our children. This is especially tough when we can’t go to parks or playgrounds.

Landlords And Tenants And Paying Rent

As a long term tenant I have paid my rent according to the lease with my landlord all the time.

Now things have changed, the economy has changed, the whole world has changed due to the Corona Virus.

Economic Challenges

We tenants have lost hours, lost jobs, and even lost hope. This is a unique situation we have never seen before.

So How Should Tenants Deal With Their Landlord?

It’s all about being upfront and honest and working together.

Inform Your Landlord Of Your Predicament

Be open and honest with your small landlords because they will care and understand the challenges you face.

Most small landlords are nice people…they don’t want you to move (at least in my case). And they are willing to listen. And they are often flexible to reach a win-win situation.

Also, they don’t want to try to find a new tenant to replace you if possible. They want you to stay and hope you are willing to work with them.

See Things From The Landlords Point of View And Ask Them To See Things From Your Point Of View

Most small landlords are not like the rich corporate landlords living in their castles. They want you to stay and be their client.

They also know that finding another good paying tenant in the current environment will be very difficult and would prefer you to stay.

So it’s entirely possible to ‘work things out’.

Work Out A Payment Plan

I worked out a fair payment plan with my landlords.

Since I only get $2000/month from CERB and my rent is $900/month we agreed I would pay $500/month and I would catch up when the pandemic is over and I can get back to work.

This allows me to have confidence I will keep my home and also gives me $1500 for other things I need in life (and I still don’t need to dip into my savings!)

Working Together…Works!

View your small landlord as a partner in this whole crazy mess of a world.

Your small landlord likely rented themselves or have friends or kids renting so they are on your side. They might even be helping their kids or relative or friend who is renting deal with this situation.

Working Class Tenants Working With Working Class Landlords is Key

Many working class landlords aren’t rich and have bills to pay. They are usually pretty kind and flexible and if you be polite and tell them you want to work things out they will do it.

Make sure you rent from a small working class landlord because you can talk to each other and prepare win-win plans.

Stay Safe and Let’s All Work Together

ODSP Recipient Tenants Struggling To Survive Pandemic

Thursday, May 21st, 2020

OLA Member Small Landlords Working Together With Our Tenants In These Challenging Times

Many people mistakenly think all tenants receive CERB (Canada Emergency Response Benefit) equaling $2000.00 per month. This leads some landlords to create their payment plans based on this.

Recently there was an important report on Citynews called “ODSP recipients struggling to survive pandemic”. This has helped us educate landlords and created a flurry of discussion amongst our members.

-According to the report, tenants on ODSP get less than $1200.00 per month.

-Also, ODSP recipients are not eligible for the CERB ($2000.00/mo) and can be punished with claw-back of benefits if they apply.

-People are being left destitute with less than $50/week to feed themselves.

Let’s Get The Message Out

For over a decade the Ontario Landlords Association has always been about good landlords working together with good tenants for a win-win situation (or survival-survival situations during these challenging times). 

Our members are working class people. These include carpenters, nurses, teachers, entrepreneurs, health care workers, police officers, fire-fighters, plumbers, seniors and others. We have invested to try to create some monthly cash-flow and prepare for their retirement.

Our members don’t live in mansions (and many of our members rent out their basements).

1. Landlords Make Sure You Are Aware Of The Real Challenges Your Tenants Face

Many of our members rent to ODSP recipients. Make sure you are aware of the financial reality your tenants face.

Talk with your tenants, work things out, understand each others concerns.  Create a realistic payment or deferral plan based on real data.

2. The Provincial Government Needs To Help Tenants On ODSP 

The provincial government needs to step up and help out ODSP recipients pay rent.

The Premier and the Minister Of Housing are aware of the challenges small residential landlords and tenants face and already reached out to the federal government (which refused to help).

With rising food and medical costs, tenants on ODSP need help from the province.

Landlords are helping but many small landlords need rent to survive and are struggling as well.

We don’t want to evict anyone (it’s the last resort) and many of us have strong, friendly relationships with our tenants.

We don’t hire property managers or lawyers to intimidate tenants. What we do is call and chat and try to work things out.

3. It’s time for an emergency “rent grant” to all tenants on ODSP or OW from the province

Small landlords aren’t rich and we have limits. We need the province to setp up to the plate.

The logistics of this will not be difficult. The province of British Columbia is already helping all tenants by paying landlords up to $500 per month to help cover tenant rent.

Let’s Stop Evictions…Here’s The Solution

Recipients on ODSP or OW can access a “rent grant” that will cover their rent for the next 6 months (which will be renewed if we are still in lock-down)

This payment will be sent to the landlord directly and the landlord will agree not to file for eviction.

Boom goes the dynamite – most evictions will be cancelled!

4. Let’s Extend This To All Residential Tenants in Ontario

-Want to avoid landlord-tenant conflict?

-Want to make sure their is no tsunami of evictions when the Landlord and Tenant Board eventually opens?

The province can easily step in and help tenants. If the government helps commercial landlords and tenants, why not help residential landlords and tenants?

The Province Needs To Help Tenants And Stop Putting The Financial Burden On Struggling Small Landlords Creating Unnecessary Conflict With Our Tenants

Airlines are getting a bail-out. Commercial landlords are getting a bail out.

What about tenants?

We need government to play a role and stop pitting landlords vs. tenants.

If this is too expensive, make the “Rent Grant” available to only tenants who are on ODSP, OW, rent from small landlords. 

We think this rent grant should go to all tenants but if there are true budget constraints at least help out tenants on ODSP, OW, and tenants who rent from small landlords.

This will make corporate lobbyists angry. But those billion dollar REITS aren’t worried about being able to pay their property taxes in June like many small landlords are.

And while these corporate landlords can spend a lot of money to politicians, they are not the same as hundreds of thousands of voters who thought they were getting a pro-business leadership.

THIS CAN HAPPEN: No Evictions, Small Landlords Secure, Tenants Secure, And We Are A Team During This Pandemic…It’s Easy To Do!

Ontario can lead  the way and be a role-model for the rest of Canada.

If millions of dollars can be invested on widening highways, money can surely be spent on saving the residential rental industry in Ontario.

…and saving hundreds of thousands of working class landlords and tenants from stress, conflict, trial dates, evictions…and worse.