Archive for the ‘Tenant tips and tricks’ Category

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/

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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

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Part 1: Top Secrets To Avoid Being Evicted At The Ontario Landlord And Tenant Board

Monday, November 16th, 2020

Take Action And Avoid Being Evicted In A Global Pandemic PART 1

Landlords are boasting and cocky like never before.  They are now getting Landlord and Tenant Board (LTB) Hearing dates and evicting Tenants who rightfully didn’t pay rent during the beginning of the Covid-19 health catastrophe! Tenants are losing our homes every day!

They even changed the rules to make faster MASS EVICTIONS

Despite Premier Ford’s statement that tenants who didn’t pay rent during the pandemic would be protected, the LTB is evicting tenants by the thousands now.

Ford is the ultimate traitor and a puppet of the landlords. His lack of a strong moral code and his deception are putting our children at risk.

“Daddy I’m so cold and feel sick being homeless.”

GET READY FOR MASS EVICTIONS IN WINTER!

The landlords and their lobbyists the Ontario Landlords Association ,the Ontario Real Estate Association and the corporate Chinese Communist Party (CCP) controlled landlord groups control the Ford government. It’s called “pay to play.”

This has led to even more anti-tenant rules in the Residential Tenancies Act

These new rules are harsh and destroy almost all rights hard working tenants have fought for over the past 40 years!

Ford made these changes which don’t allow tenants to re-schedule Hearings if we are sick or busy finding a job and will lead to hundreds of thousands of people homeless and on the street!

Why Are They Doing This? When You Move Landlords Can Raise The Rent As Much As They Want! 

This is their goal because when tenants move out, landlords can raise the rent by hundreds and even thousands of dollars for new tenants. There is no rent control for new tenants!

“Why was my family evicted in the cold of winter during a lock down? I’m so sad!”

“I thought Canada as a good place? My family is suffering, I hate to see Mummy crying all the time and I’m hungry!!!”

They Want You And Your Family Homeless!

They don’t just want to evict you, they want you homeless and want you to suffer. They hope you have toddlers who will living in a super cold Canadian winter where they might not survive. Landlords view you as cannon fodder, as less than human!

Because how dare you not pay rent…when the Premier said you didn’t have to. Canada is a corrupt nation.

This is an attack on Tenants like we have never seen before!

Who is Doug Ford, Really?

“March 2020: Tenants don’t have to pay rent during the Pandemic”

“Nov 2020: I Fooled You ALL With My Warm Uncle Act! LOL! Mass Evictions on the way and renters should get out! Landlords need you evicted to raise rents HAHAHA”

It’s a lie that will lead to mass evictions and massive homelessness. The reality is Canadian politicians lie all the time and cannot be trusted.

 

You Need To Win At The Landlord And Tenant Board To Survive!

Evictions are  happening and thousands of tenants per day are being evicted and kicked to the streets to die!

“I need money for more Botox treatments and my Ferrari needs snow tires! Tenants get out so I can raise the rent by $500/month!!”

Small Landlords Show Their True Evil Face, They Are Not Nice

The good “mom and pop” landlord trying to just pay their bills is a myth!

Most landlords are incredibly greedy and heartless. All they want is to to get your hard earned money even during a global pandemic where thousands of people are dying.

They could easily give you a break and use their profits to cover their mortgages, or (and this will upset them) get a real job and not just rely on sucking the life blood of tenants like parasites.

They simply don’t care about you and your family and only view you as cattle. Or less than cattle. You are the steak, pork, chicken and lamb they feast on.

And now with online hearings Tenants are being evicted like cows in slaughterhouse!

 

Use “Payment Plans” Against Your Landlord And Win!

Tenants have very few options…but we still have some!

If you want to avoid being evicted and win at the Landlord and Tenant Board here is one strategy you should consider.

Let’s first look the the rules of the Residential Tenancies Act which were changed in July, 2020.

Did you know the rules changed? Most tenants (and tenant groups) don’t realize it.

But this is the key to avoiding evictions and defeating your landlord!

Here’s the new rules:

Rent Arrears that Arose During COVID-19

On July 21, 2020, the following provision was added to the RTA:

“83(6) Without restricting the generality of subsections (1) and (2), if a hearing is held in respect of an application under section 69 for an order evicting a tenant based on arrears of rent arising in whole or in part during the period beginning on March 17, 2020 and ending on the prescribed date, in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears.

What this means is that when deciding whether to grant discretionary relief from eviction for an application about rent arrears on or after March 17, 2020, the Board must consider whether the landlord tried to reach a payment agreement with the tenant before the hearing.

Therefore, at the hearing the parties or their representatives must be prepared to discuss whether the landlord and the tenant tried to reach an agreement. If the parties tried to reach an agreement but were not successful, the details of the negotiations should not be discussed during the hearing.

Subsection 83(6) applies to rent arrears that arose, at least in part, starting on March 17, 2020, and ending on a date to be proclaimed by the Lieutenant Governor. As of September 2020, the ending date had not been proclaimed”

So How Does This Help Tenants?

Landlords had to have offered you the option of a “Payment Plan” in order to get their eviction and kick you and your family to the cold streets!

Let’s look at this again:

1. Your Landlord Didn’t Offer You A Payment Plan?

This is excellent for you.

All you have to do is explain to the LTB adjudicator that during the Covid-19 pandemic shut down you were worried about surviving and your landlord “didn’t even try to cooperate with you.”

This will lead to no eviction as long as you (a) Show up for your Hearing (b) Explain how scary times were during the lock-down.

2. Your Landlord Offered You A Payment Plan?

This makes things more complicated. Because if your landlord offered you a payment plan they probably did it because their $500/hr lawyer told them to do this to get you kicked out on the street!

At your Landlord and Tenant Board Hearing your landlord or their representative will try to use this to get a evicted, and fast!

Even if the offer was ridiculous, or you were too busy trying to survive to contemplate it, the Ford Pro-Landlord LTB will get you evicted!

Your Landlord Only Made The Payment Plan Offer To Use Against You To Evict you!

They don’t care about getting a little bit of rent, they want you evicted so they can raise the rent buy hundreds or thousands of dollars to the next tenants! The payment plan provided to you was a just a “legal tactic” to get you evicted!

Fight landlord dirty tricks by using their tricks against them!

Fight Fire With Fire – DENY, DENY, DENY!

Landlords are lying so you can too! Fight fire with fire. Too many tenants are honest and victims to lying, evil landlords.

At you Landlord and Tenant Board Hearing if your landlords says they offered you a “payment plan” deny it.

Yes, JUST DENY IT! (Yes, even if it’s not true!)

1. If they say they called you discussing a payment plan…DENY IT!

2. If they say they emailed you offering a payment plan…DENY IT!

3. If they say they met with you offering a payment plan…DENY IT!

What If There Is Evidence That Your Landlord Presented A Payment Plan?

First of all deny it. Make your landlord “prove” it.

If there is an email exchange tell the LTB adjudicator that is not your email address and make your landlord prove it!

If your landlord recorded you say that is “not me” and make your landlord prove it!

Do You Have A Spouse Or Roommate Or Someone Living With You?

This is great.

Bring them in as witnesses and also DENY, DENY, DENY and payment plan offers.

If There Is Any Doubt Of A Payment Plan Your LL Claims Is True And You Get An Eviction Order You Can Appeal To The Superior Court And Win

Unlike all the low paid, desperate for work newly hired failed lawyers, failed paralegal LTB adjudicators (their salary and benefits are Walmart tire!), Superior Court Judges are trained and fair and fight for real JUSTICE!

No Landlord Offer Of A Payment Plan = No LTB Eviction = Protect Your Family From Landlord Lies!

Protect You and Your Family By Using Legal Methods To Beat Your Landlord At the Landlord At Tenant Board

Tenants are just trying to find a home. We pay our rent on time and keep the properties like our own.

During a huge historic pandemic where are our jobs were shut down many tenants couldn’t pay rent.

We were promised by Ford that we didn’t have to pay rent so we could pay for food and medicine.

Months later the rules have changed and landlords are seeking MASS EVICTIONS.

Make Sure You Fight Back And Win At Your LTB Hearing.

This Is Part 1, Come Back And More Real Life Advice To Avoid Evictions!!

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Posted in COVID-19, Good Tenant Tips, Human Rights Code, Landlord and Tenant News, Landlord forums, landlordcreditbureau, No evictions, payment plan, Tenant tips, Tenant tips and tricks | Comments Off on Part 1: Top Secrets To Avoid Being Evicted At The Ontario Landlord And Tenant Board

“N4” Eviction Notice Does NOT Mean You Have To Move Out

Tuesday, April 21st, 2020

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

Landlords Are Scheming To Intimidate Tenants And Pressure Us To Give Up Our Legal Rights!

May 1st is quickly approaching and renters are under even more pressure to make rent due to the Covid 19 pandemic.

A loophole in Ontario’s eviction ban means landlords can still threaten tenants with eviction notices, leading some renters to vacate their homes in the middle of this life threatening pandemic.

The Ontario government banned new eviction orders last month, with Premier Doug Ford promising “no one will be kicked out of their home or their rental apartments based on not being able to pay the rent.”

But the government later stated landlords can still serve renters an “eviction notice,” even though “eviction hearings and orders are on hold.”

So while landlords can’t evict you, and there the Landlord and Tenant Board is closed and landlords cannot even get a Hearing to “try” to evict you, they are still trying.

And many are using unethical dirty tricks to make you leave your home (illegally) in these trying times!

Property Management companies like Berkley Inc. and Westbury Rentals have sent out N4s.  

And small landlords who often act so pure and innocent (“we were tenants too“) are the worst offenders in trying to trick and intimidate tenants.

Tenants Need To Know:

-An eviction notice is NOT an eviction order.

-You do NOT have to leave your unit if you receive an N4 from your landlord.
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-ONLY the LTB has the power to evict you.
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Landlords Have No Power…They Want To Trick You To Pay

ictions Are Illegal. You Don’t Have To Pay Rent! They Are Trying To Trick .
Small landlords keep trying to trick tenants.
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In most cases, experts say, the evictions are illegal, since landlords are required to go through the courts to evict tenants, and most courts are not currently processing eviction orders.
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And the courts (LTB) are closed.  Landlords are trying to deceive you.
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An Eviction Notice Doesn’t Mean You Have To Move Out!
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In Ontario this “N4” is toothless and powerless.
DO NOT MOVE OUT.
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You can even use it against your landlord.
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But that is for another helpful post!

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Always Rent “Inclusive” Of Utilities (Means Your Landlord Pays For The Utilities You Use, Not You)

Tuesday, March 3rd, 2020

With Rising Costs It’s Essential For Tenants To Make Sure Your Landlord Is Paying Your Bills, Not You!

Many tenants are dealing with harsh weather this winter.  Whether it’s rain, hale, or snow storms and freezing temperatures.

With the increased costs of heating your home it can take a huge bite out of your monthly budget.

While your landlord is soaking up the sun and enjoying the beach in Hawaii, Florida, Cuba or some other tropical paradise using your rent money, tenants are struggling to cover our rising costs!

Problems continue into the summer, where electrical costs for fans and air conditioners are rising fast.

Landlords can afford to get away from heatwaves by traveling to northern locations, while tenants have to sweat it out in our rental homes. And costs are going to rise dramatically according to CBC News!

Always Get Your Landlord To Pay Your Bills.

Many tenants are not aware that some landlords will rent out the property as “inclusive” of utilities. This means that you only pay the rent each month and the landlord pays for your heat, gas, electricity, etc.

Why Should You Make Your Landlord Pay Your Utility Bills?

There are two main reasons.

(1) It Gives You Stability With Your Expenses

Why should you demand this? Because energy costs are just going up, up, up. If you get an “inclusive” deal your expenses are stable because landlords can only increase the rent according to the government guideline.

(2) Once This Is The Lease The Landlord Can’t Change It

Landlords can’t demand you change the leases terms, so if you get an “inclusive” lease the landlord is powerless to change it.  So while his costs will go up, yours won’t (except for the small rent increase, which in 2020 is only 2.2% while energy costs might go up 10-20-30%!)

Offer Your Potential Landlord Higher Rent, But Make Sure It’s “Inclusive”

When you see this as we explained, it’s very important to make sure you find a rental where you are only responsible for paying the rent.

Many landlords are money-hungry monsters who view you not as a human being, but as a cash cow entering their slaughterhouse.

So use their greed against them!

Offer a bit more rent in exchange for an “inclusive” deal. You will end up the winner at the end, especially if you are going to stay in your rental home for a long time.

Getting An Inclusive Deal Can Lead You To Save Thousands of Dollars!

The media says many home-owners are struggling to pay their heating bills this winter. So think about how serious this if you are renting and on a budget. You need to make sure you get this deal to protect yourself and protect your financial future.

Let your wealthy landlord deal with rising energy costs (they are rich) instead of you (who is struggling to survive). Climate change is scary and your landlord needs to pay to prevent it.

Tips and Tricks To Get The Lease Deal You Need To Survive And Thrive!

Here are some tips if you are dealing with a landlord who wants YOU to pay (and face financial insecurity, and put all the risk on you!)

Some key phrases that greedy landlords who are used to bullying and exploiting tenants “like to hear.”

“I’m barely ever home so my utility costs will always be low.”

“It’s just me moving in, so one person can’t use much power.” (bring in other people after you get the key)

“I understand your concerns so will pay you more rent to make you safe. That’s fair for both sides”

“I am so busy at work, I don’t even cook at home. I order food.”

“I’m so busy with business travel I will barely even be here.”

“Because I want the place let’s raise your rent price by an extra $50/month so I can move in fast.” (Or offer $100 or more, it will still end up saving you money!)

Get The Lease Signed And Protect Yourself! You Win!!!

The landlord might be unhappy once you move in and the costs are higher than they expected.  But this is a business and landlords are getting rich off of your hard work and struggles.

If your landlord is unhappy then they should become better business people and not expect tenants to lay down and let them screw us without us fighting back!

Ontario Tenants Protect Yourselves By Making The Landlord Pay Your Bills!

By only paying “rent” you are protected by the Residential Tenancies Act and the Landlord and Tenant Board.

If you agree to pay for the power you use you are vulnerable and NOT PROTECTED!

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Posted in Good Tenant Tips, heating costs, inclusive, Landlord and Tenant Board, Landlord and Tenant Board Appeal, Landlord and Tenant News, Landlord and Tenant Questions and Answers, Landlord Legal Problems, tenant advocacy, tenant excuses to not pay rent, Tenant tips and tricks, tenant tricks, utility bills | Comments Off on Always Rent “Inclusive” Of Utilities (Means Your Landlord Pays For The Utilities You Use, Not You)