Posts Tagged ‘evictions’

Barrie Landlord Wants to Warn Others

Friday, September 28th, 2012

September 28th, 2012

Barrie Landlord Legal Issue

Be Careful Who You Hire to Manage Your Rental Property!

What’s Going On in Barrie, Ontario?

A Barrie, Ontario landlord wants to warn other landlords about the trials and tribulations they faced being a landlord and renting out a property there.

What Happened?

The Barrie Landlord starts off by saying they have a “huge” warning to potential Barrie landlords about potential Barrie tenants!  Every landlord should read it.

What is Their Warning?

The landlords is on record stating “We have had a home in Barrie and paid taxes to the city of Barrie for over 18 years now.”

So Why Did they Become a Barrie Landlord?

They say: Last year our family returned out west to work. We hired a very large property management company in Barrie to rent out our home. The company said they were ‘Full service’ and would provide landlords ‘Peace of Mind’.

They Were Happy With the Property Management Company? They Did a Great Job?

According to the landlords:  Regarding the promises…”This could not have been further from the truth.”

Who Did the Property Management Company Get to Rent their Property?

The tenants placed in our home had horrible credit, a record of past evictions in Barrie. They were even known to the Barrie police.  She soon found out the only reference that this PM company did  was a phone call to the tenants’ relative (aunt!)

What Happened When the Property Management Company Was Alerted to This?

When she contacted the company about the problems, the company gave her 30 days notice to discontinue the relationship.  This left the landlords on the other side of the country to deal with it.

Then?

The landlords in BC began the eviction process.

What Occurred During the Legal Process?

The landlord says that when she asked why renters that have been evicted ‘multiple times’ should be allowed to go through the system on a continual basis and hurt other families, the government told her ‘It was private and confidential.’

Did Anyone Pay the Rent Owing?

The day before eviction, the County of Simcoe actually paid the tenants’ rent bill in full. This meant the tenants would not be evicted…for now.

These Tenants Were on Ontario Works (OW)

According to the landlord, Ontario Works funded these tenants, who  are known to the police, who do not pay one penny in rent, do not pay any utilities (which, we have been told will be added to our taxes) and do not even mow their own lawn.

As of August, 2012 these tenants continue to live for free and the landlord is now going to have to go through the whole legal process yet again.

How Much Do the Barrie Tenants Owe Them?

The landlord has $8,000 in debts for legal fees.

She says her family is close to being ruined financially.

Has the Government Helped?

The government offices have offered no assistance to her family.

Local MPPs were not interested, and the city won’t help.

What About the Insurance Companies?

The landlord says it’s ironic insurance companies are now revoking policies to people who live out of province and have rental properties.

Will These Barrie, Ontario Landlords Rent Their Property Again?

She says her family will never rent out her house again.  In fact, her family could lose their home because of becoming a landlord.

She asks: WHAT IS WRONG WITH THE SYSTEM IN ONTARIO?  It’s the same question Darius Vakili asked after finally evicting serial bad tenant Nina Willis.

She says it’s unfair when government goes to those wh live dishonestly and are rewarded for their deeds year after year.

Who is the Landlord?

Mary-Jane Fogel, now of Duncan, British Columbia.

To read the original newspaper story go to the Barrie Examiner.

To discuss this story, go to the Ontario Landlord Forum.

Barrie Landlords, be warned by Mary-Jane Fogel’s story.  Make sure you choose the right property management company and make sure you know what Ontario Landlords face.

The Landlord Tenant Act Favours Tenants

Thursday, March 15th, 2012

March 16th, 2012

 

Turner continues to describe situations he has faced as a small unit landlord:

As a small-unit landlord, I have been in similar circumstances. Several years ago I went through the proscribed eviction process for a deadbeat tenant. In the remarkably short time of three months, by the bureaucratic standards of the landlord-tenant board, I was able, with the help of a sheriff, to evict the tenant – but not before they damaged the apartment to the tune of $20,000, not including $4,000 in unpaid rent.

Turner explained landlords are just like small businesses, like any independent store.  Landlords provide living space in exchange for payment.  Landlords pay taxes and even support other local businesses like suppliers…just like other small businesses.

Turner goes on to explain if you go to any store, take an item without paying, the owner will call the police and the thief will be arrested!  This is the same as tenants moving in to a unit and not paying, yet tenants are offered special legal protections no one else gets!

He says the Residential Tenancies Act favors tenants over the landlord by a wide margin.  According to Turner, even if you receive an eviction notice from the Landlord and Tenant Board you still have to pay the Sheriff to enforce it.

 

 

When kindness doesn’t pay (Part 3)

Saturday, July 30th, 2011

How could they do this to my property?

 August 1st, 2011

I was very happy to have hired property manager John Schutten.  John spoke with the tenants and managed to get Teddy and Nancy to sign a form called an N11 (“Agreement to End a Tenancy”) from the Landlord and Tenant Board.  John told me in Ontario even if the tenants sign a form saying they will leave, we needed to take it with a grain of salt because they could ignore it and continue to stay.  Both John and I thought it was likely I’d have to order the Sheriff to physically evict them from my rental property.

I knew we needed to get an eviction order through the Landlord and Tenant Board.  John attended the hearing at the LTB on May 17.  The tenants didn’t even bother to show up!  This was actually a good thing because many tenants will show up with fake maintenance claims in order to stall the whole process  and live rent free.  We were granted the eviction but couldn’t get the Order right there and then.  In Ontario you have to wait to receive the order via snail mail.

Finally May 31st arrived!  This was the day the tenants were supposed to vacate the property according the LTB Order.  My fingers were crossed they would obey the law and leave when the LTB said they had to get out!  John did an inspection and these tenants had not packed a single box!  We couldn’t consider the property abandoned so we had to take an expensive next step…ordering the Sheriff.  Off to the Sheriff’s office John went with the LTB Order in hand to book the Sheriff.  Cost?  $320!

In some places, you can wait weeks before the Sheriff’s office has time to come to your property.  Fortunately, Hamilton is a large city and they work every day of the week.  The Sheriff came and posted a letter on the door stating the tenants had 72 hours to leave and take all their belongings.  The tenants had until June 7 at 10 am to vacate.

I felt relieved this whole ordeal was about to end.  My happiness and relief ended when I thought how much money I was out dealing with the eviction process in Ontario.  The Sheriff cost over $300.  Plus the LTB cost me $170.  I had to pay John for his professional and experienced help.  I also didn’t receive April or May rent.  Now it was June and another month of no rent.  My tax bill and mortgage still had to be paid!

On the evening of June 6 (hours away from D-Day, or E-Day for eviction) I drove by my little property after work to see what might be happening.  Good news!  I saw a U-Haul truck pull up in the driveway.  It looked like they actually started moving furniture out of the house.  I saw their things all over the front yard and sidewalk.  My Lord, they were even having a garage sale!

The next day the Sheriff came.  At long last my property was ‘mine’ again.  These rotten tenants were finally gone!  I was beaming.  The smile on my face was only matched by the spring in my stride as I walked to the front door to take a look and then change the locks.

Then I went inside.  No. This was just too much….. They couldn’t have done this to me…..

Discuss this in the landlord forums here

Uh Oh! The Sheriff Is A Comin’!

Thursday, May 19th, 2011

What Can you Do If your Tenants Refuse to Leave?

May 1st, 2011

It sounds a little “wild, wild, west, doesn’t it?  Your problem tenants are finally going to leave…because the Landlord and Tenant Board directed them to do so. What do you do if they are directed to move out, and don’t?   Cue the music, kick the tumbleweed. It’s time for the Sheriff. (more…)

The eviction process in Ontario

Thursday, April 28th, 2011

(COURTESY OF YOUR LIBERAL GOVERNMENT)

May 2011 – Evictions, Landlord and Tenant Board

 

This is a true story of a straight forward eviction matter, that has officially qualified for the “nightmare” status we assign to our most memorable cases. (more…)