Posts Tagged ‘landlord legal challenges’

Tenant: 99% Of N12 “Own Use” Applications Are FAKE! How Tenants Can Fight Back!

Thursday, August 1st, 2019

 

As part of our “Let’s Improve the Ontario Rental Industry” we have invited landlords and tenants to share their opinions on how we can make these improvements. These opinions are from individual contributors and are not the opinions of the Ontario Landlords Association. We believe by fostering communication between landlords and tenants we can improve the Ontario rental industry. 

Landlords Are Using N12 “Own Use” Application As An Illegal Weapon To Evict Tenants To Raise the Rent By Thousands of Dollars. You Can Fight Back And You Can Win!

You are living in your home and suddenly your landlords serves you with an N12 “own use” application to kick you to the curb with little warning.

For those who don’t know, the Landlord and Tenant Board form N12 means the landlord orders you to move because they, their child, or their parents are going to move in.

Sounds fair, right?

Wrong.

As most landlords just use this to kick tenants to the curb because “you are too demanding” or “they want to raise the rent by hundreds or thousands of dollars” to new tenants.

In many cases this is simply a way to hurt you and your family as CBC news reports.

Many innocent tenants just leave as they believe it and want to ‘do the right thing.’

Because tenants respect the laws and rules and always want to do the right thing we are victimized.

After all, they are saying they will move in a grandparent or one of their children and tenants respect grandparents and children. Unlike landlords, tenants are family and community oriented. We rent homes to grow and build our lives and families, and are not using homes to “make profits”.

Tenant Innocence Allows Bad Landlords To Illegally Kick You Out For More Profits!

99.99% of the tenants who move out once they get an N12 “Own Use” LTB application are getting ripped off and illegally defrauded!

Yes, it’s that many victims of landlord fraud!

Welcome To Tenant Genocide Via The False Use Of the N12! They Want To Destroy Us!

There are so many N12s given out every day. There is even a terrific website that allows you to report “fake” N12/Own Use applications!

You can report your landlord at the N12 Registry

C’mon, are there really thousands of parents or adult children really moving to the rental property?

No way!

It’s just a way for landlords to try to trick you , evict you, and raise rents to new tenants 

And it is illegal It’s fraud! And you can nail them! You can fight back!

Landlords Abusing The System

The reality is almost ALL N12 applications are fraudulent. It’s just an easy way to kick you out!  Fortunately tenants are fighting back to protect our homes…and tenants are WINNING!

Globe and Mail Investigation Shows Landlords Using The N12 For Fake Reasons

Even the conservative, capitalist Globe and Mail is appalled at how many landlords are using fake “own use” applications to rip off landlords.

If they are reporting on this it shows we are facing an epidemic of fraud

How Can You Fight Back And Win!

You can fight back and win.  First of all, when you receive the first notice you don’t have to do anything.

Many honest tenants will believe the landlord and “just move.”

Don’t do this!

ALWAYS CHALLENGE AN N12 AT THE LTB – ALWAYS!

Wait for your landlord to pay for a hearing at the Landlord and Tenant Board (LTB). There they will have to “prove” what they are saying. 

Landlords who are so tough and arrogant to you change a lot at the LTB! 

 

Oh, they are so tough and  aggressive when they think you don’t know the law.

They think you are weak.

The think you don’t know they are frauds who will be fined and even jailed

Take Your Landlord To the Landlord and Tenant Board (LTB)

If You Moved, Monitor Your Old Rental Property Like A Hawk!

You can file at the LTB if you see them re-rent within a year!

99.99% Of N12 Own Use Applications Are Fake!

Your landlord is just using this to kick you out. It’s time for tenants to fight back.  Remember

1. You Don’t Have To Move Out

Make your landlord pay to take you to the Landlord and Tenant Board. At the LTB there is a trained judge/adjudicator who will see through lies and you can drill your landlord about who wants to really move in and why! 

2. If You Moved

Monitor your former home like a hawk.  Are they advertising the unit?  Take a screen shot and file at the Landlord and Tenant Board…because that’s proof of fraud!

Go spy on your home and see if anyone moved in?  See no one? They are just leaving it empty?  Take your landlord to the Landlord and Tenant Board.

Ontario tenants can take your landlord to the Landlord and Tenant Board (LTB) up to 1 year after you moved out…so you can get get JUSTICE (and money).

It’s Time All Tenants Wake Up To The Fake “Own Use” Weapon Landlords Use

Are there some good and honest landlords who use this form for real reasons?

Yes. 

About 0.01%.

The majority use it as a way to evict good tenants from our homes because we are “too difficult demanding our homes be safe” or want to “re-rent at huge new super expensive rents”.

You can fight back…You must fight back to protect YOUR HOME and YOUR SURVIVAL in this era of Ford cutbacks and rising rents!

Tuesday, June 18th, 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

Ontario Landlords: Tenant Screening and Tenant Credit Checks

Thursday, January 16th, 2014

 January 17th, 2014

Ontario landlords association tenant credit check 2014

What Are the Rules For Ontario Landlords to Do a Tenant Credit Check the Right Way?

(And What Happens If You Don’t? Because Tenants Are Complaining So Be Careful)

Landlords know the importance of renting to good tenants.

We have written about this before to warn Ontario landlords.

There are a lot of good tenants all over the province and they want to rent from you.

These tenants pay the rent on time and respect you and your rental property.

Landlords big and small are seeking these tenants who follow the rules and cooperate with their landlords for a win-win situation.

It’s especially important since the Ontario Rent Increase Guideline is only 0.8% as a recent Toronto Sun report explained.

Bad Tenants

There is also a large group of bad tenants out there.

Whether you are an Ottawa landlord, a Toronto landlord, own properties a bit north and are a Barrie landlord or anywhere else in the province you have surely heard about the damage bad tenants can do to landlords in Ontario.

These bad tenants know how to manipulate the system and will end up costing you thousands of dollars in losses and months of stress and frustration.

A Supreme Court Justice even said there are too many opportunities for bad tenants to take advantage of good landlords in Ontario. You can read what the judge said at the excellent column by our friend Bob Aaron at the Toronto Star.

Tenant Credit Checks

The Ontario Landlords Association has introduced tenant credit checks and their importance in a professional tenant screening system to thousands of landlords across the province.

We have excellent partners such as Equifax and GARDA.

They are authorized to conduct tenant credit checks and look into your potential tenant’s financial history.

These companies provide tools for landlords to succeed with their rental businesses by helping you rent to good tenants.

Are Some Landlords Doing It Wrong?

Yes, some are.

And you need to be careful.

We have received lots of emails from tenants who are claiming some landlords are obtaining their credit data in a fraudulent manner.

The tenants say their privacy rights have been stomped on by small landlords.

There have also been posts about this from tenants on the Ontario Landlords Forum.

For example a tenant wrote:

I’m looking for some advice on how to deal with a serious situation.

I take great care of my credit profile and my privacy. This year I was forced to look to rent a property near my work. After finding a property I was interested in the landlord said they would do an employment check, reference check and a credit check on me to see if I was qualified. I agreed they could.

Fast forward and I recently checked my credit report. At the time of my application there is now a ‘credit hit’ from a mortgage and real estate agent on my credit score. I did not apply for a mortgage or to buy a house! It is the only ‘credit hit’ for that time period.

I never agreed for a credit check from a mortgage or real estate agent. I never applied for a mortgage or to purchase a house. This will lead future creditors/landlords/anyone to think I wanted to buy my own place and applied for a mortgage. It will also lead to people mistakenly thinking I was refused a mortgage and failed to buy a place of my own.

I only authorized the landlord to do a credit check for the purpose of renting. I would like to know my options because this is a breach of my privacy rights.

With so many emails and an increasing number of tenant posts passionately explaining their serious concerns we decided to contact our partner Equifax Canada.

It seems some landlords are using friends or relatives who are Realtors or mortgage agents or insurance agents to get credit checks done on prospective tenants.

equifax ontario landlords

Our Interview With Equifax Canada

We contacted our partner Equifax Canada and spoke with them about the ‘right way’ for landlords to conduct tenant credit checks.

Here are our questions and the answers that follow:

1. Can I Call my Relative or Friend To Do the Credit Check For My Potential Tenant?

If the landlord uses a mortgage agent, Realtor, etc. to access potential tenants credit data for them, and the tenant didn’t agree and these tenants contact Equifax what will happen?

What are the penalties that could occur?

ANSWER FROM EQUIFAX

No.

Given the nature of the existing credit reporting/privacy legislation and the terms of use (agreement) by the Equifax member, the consumer can report this type of unacceptable activity to the Ministry of Consumer Services, who will then investigate.

Any inappropriate use or breach of contract could lead to termination of membership with Equifax.

 2. Mortgage Agents, Realtors, Insurance Agents, Car Dealerships

Several landlords say they have used friends who are mortgage agents, Realtors, etc. for years to access tenant credit data and nothing happened and there is nothing wrong using this method to obtain credit data on potential tenants.

What is the best response to their claims?

ANSWER FROM EQUIFAX

See above and below for more details.

Equifax must disclose the actual entity that received the file.

3. What About Third Parties to Obtain Credit Data?

Some landlords have a waiver on their application form saying they will use a “third party” to obtain credit data on a potential tenant (they don’t say who will do the check, only that it will be a third party).

They then contact a friend who is a mortgage agent, Realtor, insurance broker, someone who works at a car dealership, etc. to do the credit check on the potential tenant for them. 

They wonder if the waiver clause allows them to use a ‘friend’ is okay.

ANSWER FROM EQUIFAX

The service agreement signed by EACH of our members clearly articulates that they will not “share” a credit file with another entity: the credit file is for their exclusive use ONLY.

Any entity that does share is in violation of this agreement.

4. Tenants Complaining About Unauthorized Credit Checks

Some tenants complain they have a ‘credit hit’ on their credit reports from mortgage agents, insurance agents, etc. which they never agreed to (as they only wanted to rent an apartment). 

How can tenants get these unauthorized credit hits off their records?

ANSWER FROM EQUIFAX

Due to privacy legislation, once Equifax delivers a file to a member, we MUST post an inquiry (by law).

As such, we do not remove these inquiries as they are factual and the consumer has a legal right to know their file has been disclosed.

5. What Can Tenants Do?

Some tenants who have credit hits from people they never authorized have asked if they should contact the Ministry of Consumer Services to make formal complaints that their credit data was obtained fraudulently. They would like advice on this.

ANSWER FROM EQUIFAX

Yes, they should contact the Ministry of Consumer Services who will launch an investigation.

They can reach also reach Equifax directly at the following telephone numbers to lodge a complaint and we will do an investigation:

English: 1-866-828-5961

French: 1-877-323-2598

Ontario Landlords And Tenant Screening 2014

Let’s work together to make 2014 the most successful year ever for landlords across Ontario.

Tenant screening is an essential part of being a successful landlord.

Make sure you follow the rules and find great tenants for your rental properties.

High quality tenant credit companies such as Equifax and GARDA are waiting to assist you.

Ontario Landlords Warning: Tenants and Fake Credit Checks

Saturday, November 30th, 2013

 December 1st, 2013Ontario Landlords Tenant Credit Checks

With More Landlords Demanding Tenant Credit Checks Some Tenants Are Ready With Their Fraudulent Reports!

There are a lot of wonderful tenants out there.

No matter where you are in Ontario, landlords know that with an attractive property at the right price, and with proper tenant screening, you can find good tenants are there.

There are also not-so-good tenants as well.

These tenants can make a your life miserable and cost you a fortune.

These are tenants who lead many landlords to give up and sell their rental properties.

Smart Landlords Screen Tenants Carefully

More and more Ontario Landlords and landlords across the province are doing very careful tenant screening these days.

Landlords from Ottawa, Toronto and Scarborough know tenant screening is key.

This tenant screening approach always includes tenant credit checks.

Good Tenants Appreciate Professional Landlords

Most tenants are reasonable and will understand you want to know who you are renting to.

They will respect your screening process.

If your rental is a multi-unit property they will appreciate the time and effort you take to find their future neighbours.

If a potential tenant has bruised credit, it’s a chance for you to discuss it and still rent to them.

Some Tenants Are Adapting and Finding New Ways to Rip Off Small Landlords

Now let’s get back to those bad tenants.

The post on the Ontario Landlords Association forum was about a tenant who seemed to know more and more landlords were demanding tenant credit checks and was ready.

The post began with the landlord saying:

“I’ve been reading here for over a year when I started looking for my first investment property. I purchased a duplex and began looking for renters earlier this month.”

The Landlord had a couple who came to see the rental property and wanted to rent from him.

He said that the couple both came with letters of employment and offered them to him

One of the employment letters didn’t look real.

The interested tenants also offered an Equifax Tenant Credit Report

The interested tenant said she knew landlords wanted tenant credit reports.

She handed him a some papers saying this was proof she was financially responsible and a good tenant…and enough evidence the landlord should rent to them.

The Landlords describes what happened next:

“She spoke about how good her credit score was and that is important. She showed it to me and the score was over 720.

The problem…it didn’t have her name on it only the Equifax logo and the score.

Everything else looked like it can been covered and photocopied. No name, no anything except the logo and the score.”

The Landlord Didn’t Fall For It

“I told her I would do my own check once they filled out the application I downloaded here. You should have seen the look on their faces.

They took the application and haven’t emailed it to me or called back. These types of people are out there.”

Equifax Tenant Screening Credit Checks

We Called Our Partner Equifax Canada To Learn How To Deal With This And Protect Landlords

Paul Le Vevre is the Director of Operations for Equifax Canada.

Here Paul’s advice for landlords.

1.Credit Reports Always Have the Name and Address of the Person

Firstly, I can confirm that when a consumer either obtains a copy of their credit file (either on line or in person from Equifax), the file copy ALWAYS contains the name/address (plus date of birth and SIN if available) of the consumer.

Personal identification is an integral portion of the file, without exception.

2. Landlords Need To Do Their Own Credit Checks

The only method to ensure the credit file contains true/authentic data is to have the landlord access directly from Equifax (either the file or related products such as Tenant Selector).

Copies of files provided by the consumer are not to be considered valid due to the specific examples you cited.

Experienced Ontario landlords know tenant screening, including credit checks, are an essential part of their success.

Make sure you stay ahead of the game and in control by conducting your own credit checks and making sure you find the good tenants you and your rental property deserve.