Archive for the ‘Ontario Landlord and Tenant Board’ Category

The Tragic Murder Of Tenant Al Gosling After Being Evicted By His Landlord

Tuesday, February 8th, 2022

One old man died. Shame on us

Al Gosling died this past weekend; there was, finally, nothing his doctors could do and no more medicines to help, and so the machines that kept him alive were shut down.

Al’s friend, Harry Kopyto, was by his side when he died. Harry said, “I tried to reach him. I shouted in his ear. I held his hand. I hugged him. There were so many tubes and monitors. Who knows if he heard me?”

Farewell, old friend.

Now let me be blunt: old men die all the time – and Al was 82 years old – but I wonder if he would have died like this had he not been evicted by his landlord!

Let me remind you:

Al came home one day some months ago and found that the lock on the door of his bachelor apartment had been changed.

With nowhere to go, he slept for a week under the stairs in the building that had been his home. He went from the stairs to a shelter, where it seems he picked up an infection. He went from the shelter to a clinic and, finally, he went to the hospital, and his last bed.

From there to the grave.

Al was a long-term tenant.. In recent years, he may have had some trouble with his rent. I suspect the trouble was bureaucratic.

According to the landlord, Al neglected to fill out his annual declaration of income a couple of years in a row; the declaration is a requirement if your rent is geared to income. In the absence of such a valuable declaration, The landlord hit Al with market rent and he ran up arrears and was threatened with eviction.

The landlord says they tried to get through to Al, to reason with him. I am no judge of what they did or did not do. All I know is that, in the end, they threw him out.

Who cares?

You and I pay taxes. Our taxes fund social housing. That means you and I are the landlord, and Al Gosling was evicted in our name.

You might argue that the threat of eviction is a way to get an old man to the table, in order to reach a mediated settlement. I can argue just as easily that, for want of a piece of paper, Al Gosling was kicked onto the street.

The landlord says it has an eviction prevention policy; if so, why was Al Gosling evicted? And why is the landlord still serving eviction notices to other tenants, some of whom have special needs?

Is the landlord using the Landlord and Tenant Board as an instrument of social work? If so, I am disgusted.

There were several of the so-called helping professions on the fringes of this case; where were they when it mattered?

Was there no one person with the skills, the heart, the imagination, the initiative, the persistence or the ingenuity to find out if Al needed care, or intervention, or some simple human contact?

Here’s what I think: when many different people are responsible for a problem, no one is responsible for the problem.

I can’t think of one problem solved by kicking an old man onto the street.

I also wonder where Al picked up the infection that made him so ill? If it was in the shelter, how many others have fallen ill there? And would Al have picked up the infection that killed him if he had been allowed to remain in his home?

One last question:

How many other Al Goslings are there in our midst? We need answers. We need a public inquiry.

 

Tags: , , ,
Posted in fmta, Good Tenant Tips, Landlord and Tenant News, landlords eviction murder, Ontario Landlord and Tenant Board, tenant rights, tenants eviction death, tenants suicide | Comments Off on The Tragic Murder Of Tenant Al Gosling After Being Evicted By His Landlord

YOU *DO NOT* HAVE TO PAY RENT ON THE 1st IN ONTARIO (You Have A 2 Week Legal Cushion, And Months More)

Sunday, December 8th, 2019

In These Difficult Economic Times With Precarious Employment and Lay Offs Many Good Tenants Can’t Pay the Rent On Time…But You Can’t Be Kicked Out!

“No baby, we won’t be homeless as Mummy looks for a new job”

We live in difficult times.  Good landlords are aware of this and will support this post as it’s just an informative way your tenants can keep renting your over-priced property and making you rich for doing no real labour.

Landlords need to remember that while you do no work to take our money, tenants must struggle and work every day to try to feed our families and pay you your pound of flesh.

The Toronto Star recently had an article about being evicted and what tenants can do.  The advice was good but very limited as most mainstream media is these days.

This Is A War Against Tenants And the Working Class

The reality is workers are being laid off or even fired in place of third world factories with no human rights.

Even in Toronto many workers are given a low severance and an evil “good bye” as companies seek cheaper labour as they outsource.

Tenants are victims of the “gig economy” unlike Baby Boomers and Generation X who had it so easy in an era of low costs and high wages and even idiots and high school drop outs could get high paying jobs.

They put their businesses in places where workers are treated like slaves. Workers are whipped, chained, raped and beaten…all to make sure that new iPhone gets built for a low cost.

Landlords have a social responsibility

Good Landlords Will Understand Late or None Payment of Rent And Agree For Delays

Tenants are struggling. 

Smart landlords will have some empathy and understand if you can’t pay rent on time. They will give you a break and let you have a month or two of late rent, or even free rent for a few months.

Why Will They Give You A Break? 

Because the costs and risks of renting to new tenants is huge.  They might get a game player who never pay. Or get a nasty tenant who will damage their unit or upset others (including other condo owners). They should give you a break…but….

Landlords hate Tenants who know the rules!

If You Don’t Pay On The First Will You Be Kicked Out?

No!

There is a legal process landlords must follow.

If you don’t pay rent you will have months of rent free living and the opportunity to pay (and stay in your home) after many, many months!

I Didn’t Know That! What Is the Process? 

Landlords will file what is called an N4 to tell you to pay rent.  This give you 14 days to pay, but even if you don’t pay it’s okay!

The N4 is pure intimidation, you don’t have to move! LLs use this paper work to intimidate & threaten.

So If I Don’t Pay I Will Get Kicked Out?

No. 

Not at all, you are protected. You don’t have to pay for 14 days…and if you don’t pay in 14 days the landlord has to “apply” for a “Hearing Date” which can take 6 months or more (and you can pay right up to the date you will be evicted).  So you have months to pay the rent.

So What Happens If I Don’t Pay On The First Of The Month?

The N4 gives you two weeks to pay. You don’t have to pay the rent on the 1st of the month!

The landlord needs to then apply for a “court date” at the Landlord and Tenant Board.

These dates are between 6 to 18 months. That means you have a breather for a long time! 

In These Crazy Economic Times You Deserve a Break At Your Landlords Profits Expense!

Nothing can happen until you go to “court” at the Landlord and Tenant Board.

What Happens In The Period of Not Paying And the Hearing Date?

Nothing. 

You don’t have to pay a cent. And your landlord can’t harass you. 

If they do you can call the government Bad Landlord Police and get the landlord fined and even criminally charged!

You can also call the police.

So I Can Not Pay For Many Months and Still Stay In My Rental?

Yes. 

It’s not “your rental” it’s “your home”. 

The landlord will have to wait for months to get a “court date” at the Landlord and Tenant Board (LTB).

What If I Want To Stay, Should I Pay All Rent Before the LTB Hearing?

No. Don’t be foolish.  This is a “business negotiation”.

Go to the Hearing. You are the victim and your landlord is getting rich thanks to your suffering and poverty!  LTB judges know this!

The LTB has a room where tenants and landlords can “work things out” called mediation.

You can agree to pay the rent owed, but why not negotiate?  Say you will pay 20% to avoid a “trial” at the LTB. 

Many landlords will be happy to get the money and avoid the stress of going in front of an LTB adjudicator and potentially getting nothing.

Landlords are scared of trials where they will be held accountable for their crimes against humanity. Google “Nuremberg trials“.

How Can I Prepare For the LTB Hearing?

The best defense is a good offense.

Let’s walk you through this….Take a look around your home.

Do you see any maintenance issues?

Remember: no house is perfect so for sure you can find something.  Mold, stairs not up to code, fridge is not super cold, etc, etc. etc.  You can use this as a weapon!

Do I Have To Tell My Landlord About These Problems Before the Trial?

NO!

Don’t tell them. 

Bring them up at the LTB hearing and SHOCK your landlord.

This will immediately lead the adjudicator to cancel your hearing and book another one so the landlord can fix the things you brought up (hint: bring up a lot of stuff!)

You get another 3 – 6 months of rent free living. You need this help you SURVIVE in this crazy property owner controlled brutal capitalist world!

Landlords call this “trial by ambush” but it’s just part of the legal system to protect good tenants. And it will give you months of more free rent.

This is the best way for poor working class tenants to fight their rich “villa in Paris” or “apartments in China or Iran”.

More Help For Tenants

Remember you can get free legal help (and your landlord doesn’t and has to pay thousands).

Yes, it’s free!  And it will lead your landlord to have to pay for legal representation and while you get if free they will be charged $250 to $400+ per hour! 

You can bleed your landlord dry as they can’t afford these rates.  You pay nothing and they have to pay $300/hour and you can bankrupt them, as many tenants have done (not reported but we all know the score).

So I Don’t Need To Pay For Months And Can Still Live In My Rental Home?

Yes. 

The whole process will take at least 6 to 8+ months (you can live rent free). 

You Can Also Appeal

After 6-8 months to a year of living rent free, and using this money to pay for university and better food for your kids you still have option.  You can pay and stay or you can just leave.

Stay Strong! Don’t Be Intimidated! Learn How ‘The System’ Works To Protect Your Family!

Tenants Waking Up And Fighting For Our Rights

If you can’t pay rent don’t be intimidated. You have a system that protects you and you can even not pay and stay in your home for months (or years if you are smart).

Tags: , , , , , ,
Posted in Good Tenant Tips, Human Rights Code, Landlord and Tenant News, Ontario landlord advocacy, Ontario Landlord and Tenant Board, Ontario landlords forum, Tenant Problems, tenant rights | Comments Off on YOU *DO NOT* HAVE TO PAY RENT ON THE 1st IN ONTARIO (You Have A 2 Week Legal Cushion, And Months More)

Landlord and Tenant Board Requests Our Comments On New Documents – Make Your Voice Heard!

Saturday, September 15th, 2018

Rent Increase Guideline 2016 Ontario

Ontario Landlord Association Members Are Important Stakeholders In The Ontario Rental Industry And We Have Been Asked To Review And Comment On New Documents From the Landlord and Tenant Board

Residential landlords across Ontario are excited that we have new provincial leadership that wants to cut red tape and make Ontario ‘open for business again’.  

Dramatic changes to the way we do business will take some time, but we are already seeing an openness to improve the rental industry.  And they want Ontario Landlord Association members (who are important stakeholders) to play a key role.

This is a great beginning and we ask you to take time out of your busy schedule to share your opinions, concerns, and advice on how to improve the Landlord and Tenant Board. 

Let’s discuss these important consultations in the OLA Member forum and make sure to get our voices heard. 

Send us your comments at landlordvoice@lobbyist.com

 

Ontario landlord and tenant board 2018

To: Ontario Landlords Association Members

Changes to Rules of Procedure and Guidelines for Review and Comment

The Landlord and Tenant Board (LTB) has posted three documents for review and comment by members of the community and its stakeholders:

  1. Proposed changes to the Rules of Procedure
  2. Proposed changes to the Guideline 6: Tenant Rights
  3. Proposed changes to the Guideline 12: Eviction for Personal Use, Demolition, Repairs and Conversion

The Rules of Procedure have been extensively reformatted and now use plain language. The commentary that appears under each rule has been removed. The format and language of the proposed rules is also now consistent with the Social Justice Tribunals Ontario (SJTO) Common Rules of Procedure . Some substantive changes have also been made, including:

  • Allowing the use of a sworn statement instead of an affidavit (Rule 1.5)
  • Allowing parties to give each other certain documents by email where they both agree (Rule 3)
  • Removing the requirement that Co-operatives serve applications (Rule 12)
  • Changing the rules about the payment out of money paid into the LTB’s trust account (Rules 20.3, 20.4, 20.6 and 20.8)

Guideline 6 has been expanded. It now includes discussion of all the grounds in the Application About Tenant Rights (T2). References to applicable case law have been updated and there are extensive references and links to relevant LTB orders.

Guideline 12 has been changed to reflect amendments made to the Residential Tenancies Act on January 1, 2018.

We encourage you to have a look at the proposed changes and provide your comments and ideas by September 28, 2018.

Tags: , , ,
Posted in Landlord and Tenant News, Landlord Legal Problems, Ontario landlord advocacy, Ontario Landlord and Tenant Board | Comments Off on Landlord and Tenant Board Requests Our Comments On New Documents – Make Your Voice Heard!

What Are The New Rules For Ontario Landlords in 2017?

Thursday, May 4th, 2017

OLA positive change

There are lots of new rules for landlords in Ontario in 2017

With new legislation coming to Ontario to protect tenants our province-wide landlord community wants changes to also protect good small landlords & investors who provide high quality, affordable rental housing in Ontario 

With property prices increasing in Ontario the provincial government announced they would be making some important policy changes that would protect tenants and home buyers and owners.

There was to be a bunch of comprehensive measures which would bring stability to the housing market. This made many small residential landlords interested in what would happen.

As home-owners who run rental businesses, small landlords are important stake-holders in Ontario. None of us wants instability and a lot of landlords were looking forward to the announcement of the new measures to strengthen the housing market and rental industry in our province. 

What Are the New Rules For Landlords?

The Premier, the Minister of Finance and the Minister of Housing spoke at the press conference on April 20th.  The weather was a bit wet and the sparrows were making sure their chirps where heard (as the Housing Minister noted at the press conference).

Our community networked and lots of us viewed the Ontario Premier’s YouTube Channel to watch the press conference. We were eager to find out what the new rules would be to help make the housing market more stable to help tenants and landlords and improve the Ontario rental industry.

Among the changes was a 15% foreign speculation tax, changes to allow municipalities to discuss creating their own vacancy taxes, and allowing some surplus lands be made available for rental property construction.

There was also talk of of big changes to the way landlords can do business in Ontario under what is called Ontario’s Fair Housing Plan.

The announced changes included:

1. Newer Rentals Will Covered By the Rent Control Guideline

If your property was built after 1991 your property will now be covered by the rent increase guideline.

This means you can no longer raise the rent as much as you want to cover your costs.  The 2017 rent increase guideline is only 1.5% New condo owners will now be covered by the rent increase guideline.

2. Utilities Can’t Be The Reason For Your Above Rent Increase Guideline Application

So it utilities go up a lot you can’t raise the rent for this reason.

3. Own Use Application Will Mean You Have To Pay Your Tenant 1 Month Of Rent

You can also offer them another acceptable unit to rent.

4 Standardized Rental Documents

The government will prepare and distribute certain documents that landlords will be required to use.

Ontario’s Fair Housing Plan And Changes To How Landlords Can Run Their Rental Properties

While landlords understand the importance of protecting tenants, many in our community have serious concerns over these changes. For example:

Rent Control on Newer Properties

Many new condo landlords invested in condos over other types of properties (and invested in rental properties over other types of investment vehicles) because they had the flexibility of raising their rents annually in order to cover any increasing costs (like maintenance fees, etc.)

By including post 1991 properties under the Rent Increase Guideline it may lead to many landlords/investors selling their rentals and thus causing the number of rental units to decline in Ontario.

Utilities

Many members of our landlord community list rising costs of operating their rental businesses as one of their biggest worries. If utilities increase dramatically it will have a strong negative impact on small landlords.

It may even lead to more landlords renting out “non-inclusive” of utilities leading to more pressure on tenants.

Lease Documents

Our community believes this will have a strong negative impact on both small landlords and tenants.

Many aspects of the landlord tenant relationship are not covered in the Residential Tenancies Act.

Our most experienced and successful small residential landlords like to get everything agreed to by all parties at the beginning of a tenancy.  They make sure everything is clear and everyone understands what has been agreed upon. 

With a strong and clear comprehensive residential tenancy agreement (“lease”) things such as laundry use, shared common spaces and shared driveways can be agreed upon prior to a tenancy beginning to avoid potential confusion or conflict later on. A good lease with agreed upon clauses helps both good landlords and good tenants.

Let’s Include A Lot More in the Ontario Fair Housing Plan To Protect Small Landlords

Last year the Province contacted us and said they wanted ideas and suggestions on how make changes to the Residential Tenancies Act and the Landlord and Tenant Board to encourage more people to invest in rental properties in Ontario. 

So we asked our community for some ideas on how to improve the rental industry and had a huge response from places ranging from Thunder Bay to Hamilton to the Niagara Region, Toronto, Ottawa, Kingston, etc.

Thousands of ideas were presented and the OLA made a submission to the Provincial Ontario government. 

Since changes are being made to the Residential Tenancies Act now with the Ontario Fair Housing Plan let’s take this opportunity for true comprehensive changes and improvements to overhaul the current system and help both good landlords and good tenants and improve the entire Ontario rental industry! 

Here are just some of the changes our landlord community would like to see happen soon:

(1) Landlords Should  Be Able To Charge A Damage Deposit If All Parties Agree

This was a very popular idea within our community.  By making sure tenants have some “skin in the game” they will be more careful in the rental unit and won’t leave garbage or needed repairs when they move out.

As it is now, landlords will need to go to Small Claims Court to recover their losses.  And when tenants moving out leave garbage and damages behind it hurts new tenants who are moving in the same day.

Our community lists the need for a damage deposit as one of the key changes needed to improve the Ontario rental industry.

(2) No Pets Should Mean “No Pets” (and we need to be able to charge a pet deposit)

The overwhelming response in our community is a love for pets.

The issue is some tenants don’t take care of their pets properly and that means damages to the rental unit.

We have many landlords who have stories of dog and cat urine soaked carpets. And tenants saying they don’t have pets, and then bringing in lots of dogs and cats the same day they move in.

The OLA has suggested a “pet deposit” that pet-owning tenants could pay to help ease the financial fears of having people move in and having pets lead to thousands of dollars in damages. 

To be fair to tenants, a Toronto landlord suggested if there are no “pet damages” their deposit will be fully refunded and tenants will have a way to make sure it happens.  If for some reason it’s not, the tenant can go to the LTB to get it back in a simple, easy and fast manner.

(3) We Need a Quicker and More Efficient Way To Evict Non-Paying Tenants

It can now take months and even years for landlords to evict non-paying tenants. If you want to encourage more people to invest in rentals in Ontario this needs to change.

For example, we should change the N4 period to receive rent from 14 days down to something more reasonable such as a week or 48 hours.

Hearings at the Landlord and Tenant Board should be guaranteed to be held within 14 days.

If the Enforcement Office cannot evict a tenant with a week, landlords need to be able to hire private bailiffs to fulfill and eviction order.

(4) Fast Evictions for Tenants Who Harm Other Tenants, Their Landlord, Or Seriously Damage The Rental

While this may sound a bit ridiculous for non-landlords, tenants who harass other tenants or their landlords is the reality for many of us.

This needs to change and landlords need a fast and efficient way to evict in these situations. A system such as Alberta landlords have would be a good policy for Ontario.

(5) When a Lease Ends Tenants Shouldn’t Automatically Become  “Month by Month”

Tenants In Ontario tenants have ‘security of tenancy’.  This means even when a mutually agreed upon lease is signed with a date for the termination of the lease, tenants can still stay on as monthly tenants afterwards.

This can become a real problem for small landlords as it doesn’t allow for any business certainty for future actions.

One Ottawa landlord wrote “In the province of Ontario it’s far easier to divorce your husband than it is to end a relationship with a tenant renting your basement.”

Is this the type of policy that encourages more good people to invest in rental properties in Ontario? No.

Many new landlords are not aware of security of tenancy laws in Ontario and are shocked when they find out.

(6) How About Different Rules for Corporate Landlords & Small  Landlords With Rentals of 3 Or Less Units

We know there are problems in many of the big rental buildings out there.

By helping creating a fairer and more just system for small landlords there would be more investment in the industry and more rental properties available for tenants.

For example, small landlords can’t afford an expensive legal team to represent them at the LTB.

We also don’t have thousands of units, so one non-paying tenant can lead to extreme financial and emotion stress on the small landlord.

A better system that protects small landlords would also encourage more investment by people who would be excellent, service-oriented housing providers.

These are people such as teachers, mechanics, dentists, nurses and all sorts of working people who want to invest in residential rental properties as a business and a way to help themselves financially.

New Rules For Ontario Landlords in 2017

With all the new changes many in our community are asking “what about rights for small landlords?”

How about we work together for a system that helps both good tenants and good landlords? Let’s improve the Ontario rental industry and let’s do it now!

Let’s Support Small Landlords And Investors Who Create So Many Great Rental Properties For Tenants!

Tags: ,
Posted in Landlord and Tenant News, Ontario Landlord and Tenant Board, Ontario Residential Tenancy Act | Comments Off on What Are The New Rules For Ontario Landlords in 2017?