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How Ontario Tenants Can Break Your Lease in 2021

Monday, March 1st, 2021

Get Tenant Tips And Tricks From Experienced Tenants On How “Things Really Work” And How You Can Protect Yourself in 2021!

How Ontario Tenants Can Easily & Legally Break Your Lease In 2021!

Because of the hard work of Tenants we finally have some new changes that are fair and promote justice for Tenants.

All the law-abiding landlords out there will support this post because it’s just explaining the rules and laws to help tenants, just as landlords help each other.

Landlords Can’t Lock Tenants In To Fixed Term Leases

In April 2017 we saw the provincial government finally listen to our concerns and they created the Rental Fairness Act which makes changes to the Residential Tenancies Act.

Now landlords can’t collect arrears for rent due once Tenants receive a “Termination Notice”.

You can see in the Residential Tenancies Act, Section 37, that states that once the landlord gives the Tenant a notice of termination, the tenancy ends of that date of termination the landlord put in the notice.

With the Rental Fairness Act we finally get some real clear facts on once the Tenant gets the termination date, you break your lease:

134(1.1) No landlord shall, directly or indirectly, with respect to any rental unit, collect or require or attempt to collect or require from a former tenant of the rental unit any amount of money purporting to be rent in respect of,

(a) any period after the tenancy has terminated and the tenant has vacated the rental unit; or

(b) any period after the tenant’s interest in the tenancy has terminated and the tenant has vacated the rental unit. 2017, c. 13, s. 24 (2).

What Does This Mean For Tenants? It Means You Can Get Out of Fixed Term Leases

The best thing that all Ontario Tenants should know is this gives you an easy way to break your fixed term lease.

And landlords cannot go after you in small claims court or the Landlord and Tenant Board for breaking the lease, because it’s landlords who told YOU TO MOVE.

For example you might want to move because the landlord is a jerk, or the neighbours are noisy or smoking, or maybe you found a nicer or cheaper place.  You are no longer “locked in” like a slave.

How Can Tenants Break a Fixed Term Lease Under the New Rules?

Remember, if the landlord gives you a notice with a “termination date” of “do this or the tenancy ends” you can just….don’t do what they say…and break the lease! 

“Pay By This Date Or Move Out”…Ok, just move out and it’s terminated!

What’s the Best Way For Tenants To Break A Fixed Term Lease?

There are lots of ways now! Sure it’s a little bit sneaky but Tenants have to do what have to do to survive in this unfair situation.

(1) Don’t Pay Rent and Get the N4

Probably the best way to break the lease is just don’t pay rent. The landlord will give you an N4 ‘Pay Up or Be Evicted Notice’ with a termination date. The termination date will usually be 15 days after they give the notice. Since they are the ones who want to terminate the lease you just don’t pay and agree with them…and there is nothing the landlord can do! Again, here’s how it works.

Step 1 – Rent is Due

Step 2 – You Don’t Pay Rent

Step 3 – The landlord wants your money so will give you N4 Notice to End The Tenancy For Non-Payment of Rent

Step 4 – The N4 says: “Pay this amount by…. (This is called the termination date) or Move Out By the Termination Date

Step 5 – Just move out at the termination date and the lease is broken and you are home free!!

(2) Make Some Disturbances and Get the N5

Make lots of noise and the landlord will probably give you an N5 Notice to End Your Tenancy For Interfering With Others, Damage or Overcrowding. It will have a termination date and then you get out of it. I am giving you this notice because I want to end your tenancy. I want you to move out of your rental unit by the following termination date _____

Step 1:  Make Noise, Damages or Overcrowd the rental

Step 2: The Landlord Will Give You an N5

Step 3. The N5 Will Have A Termination Date

Step 4 On or Before the Termination Date……….just move out by the termination date and you are home free!!

Try not to bother other Tenants so much, but noise, smoking or these types of things will lead to an N5 and then you can leave free and in peace for a better, cheaper apartment.

Try to talk with other tenants so if you are making noise or going to smoke or flood the place, they can complain quickly to the landlord get get the N5 process going fast without really creating any trouble for your fellow Tenants.

Being Able To Break Fixed Term Leases Easily Is the First Step in Creating a Better Rental Industry – Especially When It’s The Landlord Telling You To “Obey or Get Out”…So Get Out!

Things are still really unfair. But I want to make sure Tenants are at least aware how the new rules make it okay to break fixed term leases. I’ll write more later on and hope other Tenants and fair-minded landlords can make positive contributions here.

It’s Time For Real Fairness For Ontario Tenants

Let’s work together and finally create a fair playing field for Ontario Tenants. I know many of you will be amazed at my first contribution and there will be many more to come because it’s time for FAIRNESS.

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The Nov. 30/2020 Change To the RTA Is KEY! Tenants Can Demand “In Person” LTB Hearings! “Online Hearings” Are Unfair And Break Your Human Rights!

Wednesday, January 6th, 2021

Tenants Can Now LEGALLY DEMAND  Illegal “In Person” LTB Hearings To Avoid the Unfair, Unlawful, Illegitimate “On-Line Hearings!”

Protect Your Human Rights! Here Is How You Can Do It

Tenant heroes are fighting hard to physically stop evictions and have all the right intentions. The problem is this isn’t working and tenants need a new strategy.

Comrades from all over Ontario need to begin focusing on legal and political tactics to protect us from the evil forces that want to kill us all. We need to use legal loop-holes now and then focus on changing the government using the state (and the bureaucracy and the police) for our goals.

With the power of the state in our grasp we can use the state as our weapon, and not Ford’s weapon.

It may seem weird that the best advice for tenants is found on the biggest small landlords site. This is because they allow us to post without censorship.

The Ontario Landlord and Tenant Board is now having “Online Hearings”. These hearings are horrific and unfair and have made the Landlord and Tenant Board an “eviction factory”.

They also break the Ontario Human Rights Code For Landlords And Tenants.

Online Hearings Are Designed To Take Away Your Legal Rights And Evict You! This Isn’t The “Canadian Way” And It’s Illegal!

A recent story on CP24 news said that with the Landlord and Tenant Board “Online Hearings” tenants are show no mercy and act so fast to evict you they don’t even allow you to assert your human rights!

‘People are being shown no mercy,’ advocates warn in Ontario’s online-only tenancy hearings

According to the news experts stated: “It’s bad enough in normal times for people to lose their homes and to be treated unfairly an administrative proceeding. But it can be life or death in the kind of situation we’re in now,

The Online Hearings Are Not Fair and Not Right!

The experts continued: “the shift to an online-only hearing model has made it harder for tenants to present their circumstances or access legal advice, including through ACTO’s duty counsel program.”

Lawyers must now introduce themselves to tenants in the virtual session, in front of all other participants, and both need to exit the meeting to speak privately.

Tenant lawyers are entering “chaotic” hearing situations where they struggle to make themselves heard.

NDP Housing Critic Says Online Hearings Leading To Human Rights Violations And Must Stop!

Amazing NDP Housing Critic and Future Housing Minister Suze Morrison, who introduced the motion, said the online hearing format isn’t accessible for people with visual impairments or those who don’t have stable internet access, among other challenges. Evictions must stop because of this unfairness.

“I’m deeply concerned that there are human rights violations happening here,” Morrison said 

But it goes beyond mercy and goes to breaking the law!!

Let’s look at just a couple of the abuses here! Canada isn’t a “banana republic” but LTB “online hearings” are!

What’s Wrong With Online Hearings? Take A Look At This Corruption! With Online Hearings You Have No Rights. 

Look at this goofball destroying lives:

 

 

Tenants Can Demand “In Person” Hearings To Protect Your Human Rights (The LTB Doesn’t Want You To Know This!)

A very important change happened on November 30, 2020 that the Heroic Tenant Fighters have not been fully aware of and tenants don’t know about!

On November 30, 2020 the Ontario Landlord and Tenant Board (LTB)  said requests for in-person hearings would be considered on a case-by-case basis to ensure people are accommodated under the Human Rights Code. As of mid-December, Tribunals Ontario had not confirmed if any in-person hearings had been approved.

Let’s take a look at the new rules:

November 30, 2020

Updated Practice Direction on Hearing Formats

Effective November 30, 2020, Tribunals Ontario has an updated Practice Direction on Hearing Formats. The Practice Direction outlines Tribunals Ontario’s approach to determining the format of the hearing that will be held, and how a party can request a different hearing format.The updated Practice Direction is part of Tribunals Ontario’s digital transformation to enhance the quality of dispute resolution services while meeting the diverse needs of Ontarians. The digital-first approach will continue even when the pandemic is over.

“Our approach to digital first is to create more convenient, accessible and timely access to justice but it’s not digital only. We are ensuring people who need a different hearing format are supported when they need it.” said Sean Weir, Executive Chair at Tribunals Ontario.

Matters will be scheduled for video, telephone or written proceedings unless a different format is required as an accommodation for an Ontario Human Rights Code-related need, or unless a party can establish that the specified hearing format will result in an unfair hearing.

All Tribunals Ontario’s hearing centres are closed due to the COVID-19 pandemic.

Currently, a party can contact the tribunal to make a request for an in-person proceeding. The tribunal will determine whether the matter will proceed in a different hearing format or whether it will proceed as an in-person proceeding. Tribunals Ontario will schedule limited in-person events when we are able to do so safely.

When in-person proceedings are available, Tribunals Ontario’s hearing centres will adhere to strict health and safety measures to protect staff, adjudicators and Ontarians. More details about safety protocols at hearing centres will be provided later this winter.

Tribunals Ontario is committed to providing fair, effective and timely dispute resolution services to the people of Ontario.

Read more here.

 

 

Tenants Have Human Rights In Ontario, But You Must Demand Your Rights

Ontario landlords must obey the Ontario Human Rights Code For Landlords and Tenants

Tribunals Ontario is committed to providing fair, effective and timely dispute resolution services to the people of Ontario

Housing is a human right

International law says that people in Canada should be able to get good housing that they can afford. To help achieve this in Ontario, tenants and landlords (or housing providers) have rights and responsibilities under the Human Rights Code.

Under the Code, everyone has the right to equal treatment in housing without discrimination and harassment. As a landlord, you are responsible for making sure the housing you operate is free from discrimination and harassment.

People cannot be refused an apartment, bothered by a landlord or other tenants, or otherwise treated unfairly because of their:

  • race, colour or ethnic background
  • religious beliefs or practices
  • ancestry, including people of Aboriginal descent
  • place of origin
  • citizenship, including refugee status
  • sex (including pregnancy and gender identity)
  • family status
  • marital status, including people with a same-sex partner
  • disability
  • sexual orientation
  • age, including people who are 16 or 17 years old and no longer living with their parents
  • receipt of public assistance.

People are also protected if they face discrimination because of being a friend or relative of someone identified above.

Where do housing rights apply?

The right to equal treatment without discrimination applies when renting or buying a unit (for example, in a high rise apartment, condo, co-op or house). This right also applies to choosing or evicting tenants, occupancy rules and regulations, repairs, the use of related services and facilities, and the general enjoyment of the premises.

As a landlord or housing provider, you are one of the people responsible for making sure tenants’ human rights are respected. Government legislators, policy makers, planners and program designers, tribunals and courts must also make sure their activities, strategies and decisions address discrimination issues in housing.

Choosing tenants

The Code says what business practices are acceptable and what information you may ask for when choosing tenants:

  • Rental history, credit references and/or credit checks may be requested. A lack of rental or credit history should not be viewed negatively.
  • You can ask for income information, but you must also ask for and consider it together with any available information on rental history, credit references and credit checks (such as through Equifax Canada).
  • You can only consider income information on its own when no other information is made available.
  • You can only use income information to confirm the person has enough income to cover the rent. Unless you are providing subsidized housing, it is illegal to apply a rent-to-income ratio such as a 30% cut-off rule.

You can ask for a “guarantor” to sign the lease – but only if you have the same requirements for all tenants, not just for people identified by Code grounds, such as recent immigrants or people receiving social assistance.

Accommodating tenant needs

You have a legal duty to accommodate tenants (meet special needs they may have) if they have real needs, based on Code grounds. You must accommodate up to the point of undue hardship, based on cost, the availability of outside sources of funding, or health and safety concerns.

For example, for a tenant with a disability, you might need to make changes to a unit, a building entrance, sidewalks or parking areas.

Some tenants need changes to rules and practices to accommodate changing family situations or religious practices. Sometimes a tenant who is unwell or who disrupts others (either because of a disability or due to that person being the target of discrimination themselves) may need help. You should assess your role to see if there are things you can do as a landlord to help the situation.

You and your tenants share the responsibility for making the accommodation work. You must take an active role in the process and work with tenants in good faith to find the best solution. If your tenant provides you with medical or other personal information, you must keep it private.

Landlords must work with tenants to find and put in place the most appropriate accommodation as soon as possible. If this cannot be done without causing undue hardship, or if it will take a long time, you must provide interim or “next-best” accommodation.

Special programs and circumstances for housing

Under the Code, special programs are permitted to help a group of people who are disadvantaged based on Code grounds, as long as these programs meet the requirements the Code sets out. Examples would include setting up housing designed for older people, people with disabilities or university students with families.

When the Code does not apply

The Code does not apply in the case of a disagreement or “personality conflict” with a landlord or another tenant unrelated to a Code ground, or if a tenant shares a bathroom or kitchen with the owner or the owner’s family.

You can advance human rights in housing

Housing providers can take a number of steps to prevent discrimination and harassment and address human rights in rental housing by developing:

  • anti-discrimination and anti-harassment policies
  • plans for reviewing and removing barriers
  • procedures for responding to accommodation requests
  • procedures for resolving disputes quickly and effectively
  • education and training programs.

It is important to make sure that organizational rules, policies, procedures, decision-making processes and culture do not create barriers, and do not cause discrimination. Areas where barriers could exist include wait-list and eligibility criteria, and occupancy rules including guest policies and bedroom requirements,

Follow some key human rights principles:

  • design inclusively – which means thinking about people’s possible accommodation needs before you design your building, set up your rules, etc., so that your housing does not cause new barriers
  • identify and remove existing barriers
  • maximize integration – which means setting up housing and programs that are inclusive, where everybody can take part
  • look at the needs of individuals. and consider the best possible solution

 

How You Can Use The New Rules Made On Nov. 30, 2020 And Win!

Remember the Landlord and Tenant Board has clearly stated the following:

“Matters will be scheduled for video, telephone or written proceedings unless a different format is required as an accommodation for an Ontario Human Rights Code-related need, or unless a party can establish that the specified hearing format will result in an unfair hearing.”

This is the loop hole to protect you and your family!

Who Can Demand An “In Person Hearing” Based On Human Rights Rules For Landlords?

Let’s take a look at the rules again:

Accommodating tenant needs

Landlords have a legal duty to accommodate tenants (meet special needs they may have) if they have real needs, based on Code grounds. You must accommodate up to the point of undue hardship, based on cost, the availability of outside sources of funding, or health and safety concerns.

For example, for a tenant with a disability, you might need to make changes to a unit, a building entrance, sidewalks or parking areas.

Some tenants need changes to rules and practices to accommodate changing family situations or religious practices. Sometimes a tenant who is unwell or who disrupts others (either because of a disability or due to that person being the target of discrimination themselves) may need help. You should assess your role to see if there are things you can do as a landlord to help the situation.

You and your tenants share the responsibility for making the accommodation work. You must take an active role in the process and work with tenants in good faith to find the best solution. If your tenant provides you with medical or other personal information, you must keep it private.

Landlords must work with tenants to find and put in place the most appropriate accommodation as soon as possible. If this cannot be done without causing undue hardship, or if it will take a long time, you must provide interim or “next-best” accommodation.

Special programs and circumstances for housing

Under the Code, special programs are permitted to help a group of people who are disadvantaged based on Code grounds, as long as these programs meet the requirements the Code sets out. Examples would include setting up housing designed for older people, people with disabilities or university students with families.

 

Tenants Facing Eviction Need To Go On Offence And Demand “In Person” Landlord And Tenant Board Hearings Based On Your Human Rights!

-Landlords have a legal duty to accommodate tenants (meet special needs they may have) if they have real needs, based on Code grounds. You must accommodate up to the point of undue hardship, based on cost, the availability of outside sources of funding, or health and safety concerns.

-For example, for a tenant with a disability, you might need to make changes to a unit, a building entrance, sidewalks or parking areas.

-Some tenants need changes to rules and practices to accommodate changing family situations or religious practices.

-Sometimes a tenant who is unwell or who disrupts others (either because of a disability or due to that person being the target of discrimination themselves) may need help. You should assess your role to see if there are things you can do as a landlord to help the situation.

-You and your tenants share the responsibility for making the accommodation work. You must take an active role in the process and work with tenants in good faith to find the best solution. If your tenant provides you with medical or other personal information, you must keep it private.

-Landlords must work with tenants to find and put in place the most appropriate accommodation as soon as possible. If this cannot be done without causing undue hardship, or if it will take a long time, you must provide interim or “next-best” accommodation.

-Special programs and circumstances for housing

Under the Code, special programs are permitted to help a group of people who are disadvantaged based on Code grounds, as long as these programs meet the requirements the Code sets out. Examples would include setting up housing designed for older people, people with disabilities or university students with families.

Tenants Facing Eviction Can Go Offence And Demand “In Person” Landlord And Tenant Board Hearings.

While Online Hearings are unjust, In-Person Hearings are fair and you will have legal rights.

Online Hearings are a trap that will get you evicted and destroyed!

Also, In Person Hearings will be delayed for months so you don’t need to worry about being evicted like cattle being slaughtered to make hamburger.

Find part of the Ontario Human Rights Codes That Fits Your Situation and Demand A Formal, Real “In-Person” Hearing and Win!

File a Tenant Rights T2 Form against your landlord and explain you couldn’t pay rent (or didn’t pay rent) because your landlord broke the Ontario Human Rights Code!

The Human Rights Code won’t be legal if you share a bathroom/kitchen with your landlord or you are just having a “disagreement” with your landlord. So make sure to explain your situation is not just a “disagreement” but the landlord is breaking your Human Rights! This will mean you have the legal right to an “in person” hearing!

Remember, according the Human Rights Codes Landlords MUST ACCOMDATE TENANT NEEDS.

For Example:

1. Landlords have a legal duty to accommodate tenants (meet special needs they may have) if they have real needs, based on Code grounds. You must accommodate up to the point of undue hardship, based on cost, the availability of outside sources of funding, or health and safety concerns.

For example, if you are feeling sick or have an injury  you might need to make changes to a unit, a building entrance, sidewalks or parking areas.

IF THE LANDLORD DIDN’T MAKE THESE CHANGES THEY ARE BREAKING THE ONTARIO HUMAN RIGHTS CODE.

2. Some tenants need changes to rules and practices to accommodate changing family situations or religious practices. Sometimes a tenant who is unwell  may need help. 

SO IF YOU WERE SICK OR LOST YOUR JOB AND UNWELL YOUR LANDLORD NEEDS TO MAKE SURE THEY HELP YOU OR THEY ARE BREAKING THE HUMAN RIGHTS CODE.

3. Landlords and your tenants share the responsibility for making the accommodation work. Landlords must take an active role in the process and work with tenants in good faith to find the best solution.

YOUR LANDLORD MUST BE RESPONSIBLE FOR TRYING TO MAKE YOUR ACCOMMODATION WORK. THEY CAN’T JUST LEGALLY KICK YOU OUT WITHOUT DOING SO.

4. If your tenant provides you with medical or other personal information, you must keep it private.

YOUR LANDLORD MUST KEEP ALL YOUR PERSONAL INFORMATION PRIVATE. THEY CAN’T MAKE BILLBOARDS OR ‘BAD TENANT LISTS’ OR THEY WILL BE FINED

5. Landlords must work with tenants to find and put in place the most appropriate accommodation as soon as possible. If this cannot be done without causing undue hardship, or if it will take a long time, you must provide interim or “next-best” accommodation.

IF YOU HAVE A PROBLEM WITH YOUR RENTAL (FOR EXAMPLE IT’S TOO EXPENSIVE DURING THE PANDEMIC) YOUR LANDLORD MUST HAVE TRIED TO OVER YOU INTERIM ACCOMMOCATION.

There Is An Eviction Blitz And The Landlords Are Paper Tigers Who Are Getting Easy Evictions ONLY Because of Corrupt On-Line Hearings! Only A Corrupt Fascist Gov’t With Massive Foreign Funding Is Causing People To Be Evicted And Suffering!

Fight Back And Get Your In Person Hearing And Avoid Being Evicted Due To Banana-Republic Style Corruption And Political Manipulation

When ideology clashed with opportunism, Lenin invariably chose the tactical path above doctrinal purity https://www.historyextra.com/period/20th-century/vladimir-lenin-who-power-rise-how-russian-revolution/

Tenant Groups We Know The On-Line LTB Hearings Are Corrupt. Ford Won’t Fix Them! We Must Help Every Tenant Get An In-Person Hearing NOW! When We Control The State We Can Defund The Sheriff Instead Of Fighting On Their Fascist Terms! Do It!

 

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Posted in breaking lease, COVID-19, Good Tenant Tips, Landlord and Tenant Board, Landlord and Tenant News, tenant human rights OHRC complaint, Tenant Problems, tenant rights, Tenant tips | Comments Off on The Nov. 30/2020 Change To the RTA Is KEY! Tenants Can Demand “In Person” LTB Hearings! “Online Hearings” Are Unfair And Break Your Human Rights!

“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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Posted in Credit checks, evictions, Good Tenant Tips, landlord advocacy, Landlord and Tenant News, naborly, rent, Tenant tips and tricks | Comments Off on “N4” Eviction Notice Does NOT Mean You Have To Move Out

Sunday, November 3rd, 2019

 

Add Your Voice To Our Submission To Premier Doug Ford And The Ministry To Make Important Changes To Protect Landlords!

The Ontario Ministry of Municipal Affairs and Housing is having a key consultation with stake-holders on how to create more high quality housing in our province. Making it “easier” to be an Ontario landlord is an important part of the consultation. 

The Ontario Landlords Association is submitting what will be a game-changing submission on changes small landlords need to be successful. 

We ask our members to share your ideas and experiences for our submission by taking our survey.  

For more detailed debate and discussion please post in our Private Members Forum (for verified landlords only). Also, if members want to attend preparatory meetings and the consultations join the discussion in the Private Members Forum.

Create your own user feedback survey

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The Ontario Landlord Diaries (Part 1)

Saturday, September 1st, 2018

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Ontario Landlords Share Their Experiences. Read And Learn To Make Your Investment A Success

We asked landlords across Ontario to write in to us and share their experiences being small business landlords.  We would then share these experiences with other landlords and investors.

The purpose is to provide a venue for people to let others know what they are going through and share the types of challenges and opportunities they are experiencing.

This would not only allow people to make their voice heard, but to also improve landlord knowledge and help our entire community learn the challenges out there and how to protect ourselves and succeed.

The response has been overwhelming.

Not only have we received thousands of stories, but the anger and frustration of just about every submission stands out. The reality is the current rules aren’t fair for Ontario landlords.

Email after email had a similar theme: “There is no balance”. “Everything is on the tenants side”.  “We Need Changes”.

If you find a nice reasonable tenant who respects you and your property you will be fine. And there are lots of these tenants out there and you need to find them..

This is why the Ontario Landlords Association teaches the importance of being a professional landlord, with a great property, at a competitive price. This is what great tenants are looking for. They are also looking for a landlord who experienced and knowledgeable and knows their rights and responsibilities.

However, if a tenant wants to “use the system” they can go for months on end not paying rent, make huge damages to your property (often with no repercussions), or make your life a living Hell.

Here are just some of the thousands submissions from hard-working, decent people who became landlords. These are people who believed in the future of Ontario and put their hard-earned money to invest in rental properties and run a successful rental business. They invested with the plan of being a terrific landlord with an amazing rental property for a great tenant.

After all, most OLA members rented before. It could have been as a student, or new immigrant to Canada, or just saving for a down payment.  OLA members want to be the “perfect landlord” we always wanted to rent from (and often couldn’t find).

Sadly many new landlords have faced huge challenges. So many things went wrong due to an unfair system that requires dramatic changes.

These are only some of their stories.

“It’s So Easy For Renters To Play The System!”

I am writing this letter seeking for help and fair treatment as a private landlord who purchased the property as my only home but can’t assume it after renting it to a professional tenant who clearly wants to live in my property for free and also blackmail me.

I purchased my condo in 2017 and rented it out to a tenant with a one-year lease because the purchase cost me every penny and I needed some cash flow to pay off the debt I borrowed to purchase this condo.

Starting in Spring, the tenant’s post-dated cheques consecutively bounced, yet the tenant refused to pay me the admin charge for each returned cheque from their bank.

A month later in, when I was conducting a regular inspection of the rental unit, I found the tenant damaged the property by inserting many nails into each wall in the kitchen, living room and bedroom, which is a clear breach of the lease agreement we signed. There are also stains on the wall. The tenant denied they made any of the changes and refused to either fix the damages or pay me the cost to fix.

What’s worst is, the tenant and her representative insulted, coerced, intimidated and threatened me during the entire inspection. While I have evidence from witness – report and testimony- the tenant was still trying to lie about the fact and sued me for thousands of dollars for harassing them. Apparently this tenant is trying to live in my property for free in another way, as they threatened.

The tenant’s threat and continuous harassment to me greatly traumatized me and I don’t want to move back, not to mention now I can’t even get my property back.

Thanks to the ridiculous Residential Tenancies Act in Ontario, I need to pay the one-month rent as compensation even if I need my property back for my own use!! I am now forced to sell the property, which I bought as my only home, in order to kick them out.

When I applied for an eviction order in the summer, the hearing was first scheduled in early August, and then got rescheduled in November, which is even after the end of the lease, because the tenant suggested to the judge that they didn’t think there was enough time to finish the hearing that day and it actually got rescheduled in three months as they wished!!

Apparently this tenant knows how to abuse the system in their favor and they got it. I filed an application, ended up getting a hearing in 5 months.

I feel so powerless and helpless when dealing with a nasty tenant like this because the law is not to protect landlords at all.

I can’t image what I am facing in the hearing as currently every law and actions from the Landlord and Tenant Board are favoring the tenant and I can’t get a hearing happen as scheduled. Not to mention I need to pay, as a landlord, $175 to file an application while tenant only needs to pay $45 to do the same thing.

This system is so broken that I’d rather sell my property to not to be part of it. And I am sure that I am not the only landlord who’s trapped and hurt in this unfair system. Please help me, and do something to correct this system that only favors tenants and gives landlord little choice.

“Secretly Bring In Pets, Damages, Unpaid Hydro Bills and Junk Left Behind”

We own several rental houses near Toronto. Recently we are going after our tenant who left us piles of junk, broken cabinets and shower heads,hole in drywall,and unpaid hydro bills, thousands worth. Not to mention we didn’t want pets in our house and they brought in pets.
I know of another landlords personally, who experienced such.

It caused us endless sleepless nights, stress, nightmares!

“Ontario Landlord & Tenant Board Is A Joke!”

Recently I had to attend the LTB to get a judgement against a tenant who stopped paying rent.

It started with a reason (excuse) that he lost his job. He stated on the application that he was a plumber. Oddly, I have a few friends who own private plumbing companies. I asked them if they needed employees. They offered me the job to offer the tenant. Its hard to find plumbers.

I texted the offer to the tenant….. no answer. I emailed the offer….no answer. I phoned directly. He didn’t pick up the phone. I passed by the property to let him know. At this point he stated that he works for his grandfathers company unlicensed and this is the reason why he wouldn’t respond.

Whenever there was an issue with the property or appliance I would always be there within 24 hours. I’m a fully licensed mechanic and am very capable of doing any type of manual labour skillfully. Also this is my investment and treat it seriously!

At this point I asked him when he’d be able to make a payment. He said a couple weeks. Anyhow I as a caring individual gave him the benefit of the doubt.

After months with no rent I finally filed the proper documentation with the LTB. I offered him $1000 for first months rent elsewhere as this upper 3 bedroom unit was obviously to much for him to handle at over a thousands dollars + utilities.

The funny thing is I get along with the neighbours and started getting calls from them that strange people have been coming and going from the property. Shady types apparently. I got another call from another neighbour who stated he watched the tenant carry a brand new 60” top of the line 4k LED TV in a box (with help) into the upper unit. I had to see so I scheduled an inspection for 48 hours later.

I completed the inspection and sure enough therein was mounted on the wall while he was high playing video games. It doesn’t sound to me like he was making an effort to pay rent and realized at that moment I was taken for a ride.

At the LTB hearing the arbitrator heard overwhelming evidence of his lack of commitment with nothing thrown my way. The arbitrator asked any issues with the landlord or property. The tenant said no. The arbitrator asked why he hasn’t paid the rent. He stated he lost his job. The arbitrator asked all the right questions to ascertain his motives.

I left the LTB feeling confident I was going to get the eviction order in 11 days( the minimum). By this point I am now 4 months without rent and the arbitrator gave me 20 days before I could file the eviction order with the sheriff for eviction. But the sheriff is backed up so much with evictions at the moment that there is a 4 week waiting period. So now I’ve got to wait 20 days plus 4 weeks to finally get him evicted.

The absurd part of this whole story is the tenant was mad at me!

I gave him chance after chance I tried mediating by helping him monetarily to leave. He stated I treated him poorly by asking for NSF fees. I told if doesn’t want NSF fees he should try paying the rent instead of buying TVs to replace working a working one.

He tried demonizing me to make himself fell better that he was ripping off a bad guy. That didn’t fly with the mountain of evidence stacked against him. He wanted the money but didn’t want to sign an IOU contract. This is the condensed version of the joke I call being a landlord.

I have no doubt that he will destroy the unit when he does finally leave. I have one word of advice BODYCAM like the police wear and use it with all tenant interactions. You can prove your innocence without problem if they start claiming harassment as mine did.

Asking for rent money is not harassment!. Its a business transaction! All conversations should be recorded and or emailed. You never know how a tiny conversation can go sideways.

Lets face it people in that situation will do and say anything to prove themselves. At the end of the day I did everything right and the arbitrator STILL gave them extra time to stay for free. I would say the mandate for the LTB should be to find out what is going on between a particular landlord and tenant based on evidence. Make a clear judgement. There are difficult landlords also.

There is no need for a non paying tenant to stay an additional 6 weeks. Especially when they have absolutely no excuse. Pay or get out conversely when a landlord is found lacking the judgement should go towards the tenant. Fair is fair! Right now landlords are getting crushed by the LTB and professional tenants.

As it stands now I am selling my properties and getting into commercial properties.

Forget affordable housing. I shouldn’t have to be worried that a government will judge against me when I’ve done nothing wrong except be financially responsible for myself. If a tenant wants to smoke pot and play video games all day, that is his problem and should not be mine.

I strongly believe that the LTB should adopt commercial rules for residential units also. There are a lot of good tenants out there that are waiting for a good unit/landlord but these deadbeats are keeping the homes hostage.

“Scared to Rent Out My Properties And You Should Be Too!”

I am months away from being a senior. I have been self employed most of my life, and for many years my wife stayed home to raise our kids because I traveled. We have no pension.

We have only our savings and our house. Every time I tried the stock market I got burned so of course I have been on the sidelines watching the greatest bull market of all time – figures.

My wife and I just bought a house in northern Ontario as an investment and a future retirement home. This is part of my “pension”. We fear the stock market that can wipe out your savings but GIC’s offer next to nothing. We are in our 5th home so we thought real estate was something we understood. We thought we could rent it out to cover the mortgage payments and if we were lucky it would appreciate over time.

Then we started reading about the history of LTB rulings and how the new laws those GD Liberals passed essentially put us at the mercy of a Tenant and we almost passed out.

We are seriously considering selling the house and saying to heck with it. It does not appear to be worth it to be a landlord in Ontario any more.

If the Landlord does not have the ability to protect their investment from bad Tenants and the margin on the investment is slim why would someone want to be a Landlord?

Tenants think they have a right to do whatever they want and to not pay rent because they want to enjoy their life, pay for other stuff or save for their future?

Sure they do. Buy your own house or move into Ontario Housing. It is not the individual Landlord’s responsibility to support those who can’t or don’t want to buy their own home.

And we just closed the deal on the house! If I had known about this before we bought, we would not have and there would be one less rental unit available. There still might be.

Today we turned down a prospective renter because we were afraid that they might be one of those bad renters who would get in to our house and then not look after it or not pay their rent and then cry to the LTB or just vanish.

It was a 40ish year old person with a young child on UI and their partner who is 6 months into a job with a small time contractor that does small repairs.

If I could charge a significant damage deposit and be sure I could get them out if they got pets or smoked in the house or grow dope or didn’t keep the house clean or or or… then we might have given them a chance.

But we can’t so we didn’t.

So the LTB and the Liberals misguided legislation actually had the opposite effect. Someone who needs a house to rent and might have looked after it and paid the rent isn’t going to get the chance.

I would rather have the place sit empty than risk damage and legal fees and still get no income if they didn’t pay. If it is empty my costs are fixed and my risk is low.

“Renting Basement Can Become a Nightmare (& even stress out your dog!)”

I live in my home and rent my basement apartment.  I have done so with little to no trouble for 5 years, until my latest tenant moved in this winter.  They used up her last months rent when, over a dispute I had with the screaming at their children (who live here part time) they said they were going to move out.

At the end of that period they did not move out.  After many apologies and promises to do better, I gave the  another chance (fool that I am).  They only paid part of her rent in June/July period, and now owes me the remainder plus July/August period, and August/September period is looming.

I served the with an N4, and was not surprised when they didn’t move out on the termination date.  I have filed an application to evict with the LTB.  The hearing is not until October.

After reading through information on your site, I’m terrified about the hearing process with LTB, and not at all hopeful that it will result in an actual eviction taking place.

Meanwhile, I have my tenant and their partner, whom they promptly moved in shortly after they took possession, and is not on the lease, plus their two children living here periodically (all four at times, in a basement bachelor apartment), basically for free.

While my hydro bills/water bills etc are much larger than then would be if the apartment was empty, and I am going in the red without the rental income coming in.

I don’t know what to do. I’m stressed out, my dog is stressed out (he literally sits in my lap shaking when they are yelling at the kids, banging doors/etc., or when the partner stomps up and down the stairs, banging the doors shut).

Tenant refuses to answer my inquiries as to when they are moving out.  I’m at my wits end, and I just don’t know where to turn for help – or if there is any help to be found.

Am I just stuck with this nightmare tenant and their family living in my basement for free?  It’s just so unfair.

I can’t afford a lawyer to help me with the hearing, and I’m literally scared out of my wits after reading the information on your site.  Is there any assistance out for inexperienced landlords like myself who have never had to deal with this before?  I get the feeling this might not be their first go round, and that she is quite versed on how she can milk the system.

“Newcomer To Canada Invests And Gets Burned”

I am a small landlord who have only one detached house to rent out in the GTA. 
 
I have experienced 3 different renters in the past 2 years, and 2 of them were horrible. It is a really bad nightmare for me and my family. 
 
The rental property was renovated completely 2 years ago. However, the first renter grew a huge dog (more than 1.5 meter long and 1 meter tall). The dog scratched and ruined the brand new wood floor completely. Indeed, in the lease agreement, it was clearly stated that “no pet is allowed in the premise”, and she lied to me in person during interview as well.
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After living for only 4 months, she left out of sudden with a couple of days short notice. She did not clean the house at all and left tons of craps in the house. When we asked for compensation for scratching floor and she even did not bother to answer. 
 
The other headache renter is living in my property right now.
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The neighbor complained to me that they were growing 4 plants of cannabis in the backyard. I need to confront with the renter. Indeed, in order to prevent this kind things from happening, I already clearly stated in the Lease Contract that “The parties agree that no cannabis will be allowed within the premise including inside building, car park, and front/back yard.”
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In consideration to cannabis legalization in Canada especially in Ontario, I am really afraid that this clause within the contract cannot protect my rights as landlord at all. 
 
I am a new immigrant to Canada. At the beginning, I thought Canada was a honesty country and people living here have high standards of morality.
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However, my previous experience of dealing with these renters has significantly changed my impression regarding this society and this Country.
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The thing makes me more frustrated is that as I get into studying the regulations in the rental area, I realize the current law completely makes no sense at all. The law protects those people with bad faith and encourage bad behavior.
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The entire rental regulations are based on a ridiculous assumption that “landlord is evil and greedy, and needs to be regulated”.
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I really cannot believe in Canada especially in Ontario the law is so biased against landlords, especially small landlords who invest their entire life saving by hardworking in properties .

The goal of government is to increase affordable housing and rentals provide that option. Landlords must be able to manage risk, provide safe homes and be able to earn some profit in return for managing the property and investing their capital in homes for rent.

Therefore, landlords must have the ability to disallow some behaviours on their properties.

This includes behaviour such as smoking, including all types of smoking: cigarettes, cigars, pipes, weed and vaping.

Further, growing marijuana requires conditions that are not akin to a safe environment as light and temperature may need to be manipulated. Grow ops have ruined entire houses in the past. Landlords must be able to prohibit marijuana growing in their properties.

Ontario Landlords Speak Out!
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Landlords across Ontario face huge challenges. The above stories are only the tip of the iceberg!  It’s clear the system to be changed to encourage more good people to invest in residential rental properties.
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Before the OLA came around there was almost zero coverage of the challenges small landlords and investors face. Most landlords didn’t even know how to screen potential tenants.
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It’s time to fight even harder and get our message out!
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It’s time to make your tenant screening system even more strict!
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Please share your Ontario landlord experience by emailing us at: landlordtenantsolutions@groupmail.com
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And make sure you make your voice heard to change the rules regarding Ontario rental properties and marijuana.
 

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Posted in Above Guideline Rent Increase Applications, Landlord and Tenant News, Landlord forums, Ontario landlord help, Ontario Landlord Services | Comments Off on The Ontario Landlord Diaries (Part 1)

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