Posts Tagged ‘Landlord Tenant Board Ontario’

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

Sunday, December 8th, 2019

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

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

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

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

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

This Is A War Against Tenants And the Working Class

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

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

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

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

Landlords have a social responsibility

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

Tenants are struggling. 

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

Why Will They Give You A Break? 

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

Landlords hate Tenants who know the rules!

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

No!

There is a legal process landlords must follow.

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

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

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

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

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

No. 

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

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

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

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

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

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

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

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

Nothing. 

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

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

You can also call the police.

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

Yes. 

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

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

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

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

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

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

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

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

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

How Can I Prepare For the LTB Hearing?

The best defense is a good offense.

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

Do you see any maintenance issues?

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

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

NO!

Don’t tell them. 

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

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

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

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

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

More Help For Tenants

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

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

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

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

Yes. 

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

You Can Also Appeal

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

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

Tenants Waking Up And Fighting For Our Rights

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

Ontario Standard Form of Lease – Top 100 Clauses You Need To Add To Avoid Potential Disaster!

Sunday, August 11th, 2019

Protect Your Rental Business By Adding The Top 100 Key Clauses to the Ontario Standard Lease Recommended by Experienced & Success Ontario Landlords & Property Managers. This is “VITAL” for Ontario Landlords!

We wrote before about the fact that as of April 30th, 2018 Ontario Landlords have to use a government created “Ontario Standard Lease” when you rent to new tenants. The Ontario government created a new lease that landlords much use after tenant activists accused landlords of using illegal clauses in leases and creating a “wild west” environment.
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The Landlord and Tenant Board Is A Nightmare! (Part 1)

Tuesday, May 7th, 2019

The Landlord and Tenant Board Is Unfair, Biased & Unprofessional 

It Needs To Be Replaced With A Better System!

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.

For the first two years my venture into becoming a residential landlord had turned out pretty well. I got into the industry because of Scott McgilIvray and his show ‘Income Property’ on HGTV.

Scott is an attractive sales person and made it seem like not only a simple investment, but something I needed to do or I would miss out on a historic opportunity to make money. (more…)

How To Get Landlords To Rent To You

Friday, March 29th, 2019

Tenants Speak Out and Share Their Concerns and Opinions on the Rental Industry

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.

With Vacancy Rates So Low Tenants Have To Do Whatever It Takes To Find A Home

First of all I want to make it clear there are a lot of great landlords out there.  I’m not part of the majority of tenants who think all landlords are ripping us off and making money out of thin air. 

My parents rented some rooms in our house when times were tough in the 1990s recession. I know what they went through with people being noisy late and night and not always washing their dishes daily. It was tough on my Mom and Dad but they needed the money.

Most landlords are like my parents. Friendly and law-abiding.

Bad Landlords Out There Are Taking Advantage Of The Rental Shortage

As someone who was looking for a place to live this year it was shocking to find there are landlords who didn’t have the ethics of my parents. 

When I went to see an apartment many landlords demanded a ridiculous amount of personal information about me for a simple credit check.

(Which I have reported these landlords to the Privacy Commissioner and the landlords are being investigated as you read this, as are the companies involved). 

Not only that but many demanded a lot of rent up front in order to rent to me.

Some wanted 3 or 4 months of rent, but most wanted a 6 months or even a year! Some landlords even wanted 2 or 3 years!

Others wanted a deposit of 1 – 6 months equivalent rent in case I made “damages” LOL! What did they expect me to do? Blow up the building?!

We Are In The Middle Of A Housing Crisis

The rental scene really unfair for people looking to rent.  A recent VICE article was really helpful and illustrated how unfair it is for people simply looking for a home.

Vacancy rates in Toronto are under two percent. This is the worst it’s been in nearly twenty years. The average monthly rent for a tiny one-bedroom apartment is $2,200/month.

Jump Doggy, Jump

Landlords are making tenants jump through hoops and part of these hoops is illegal behaviour.  VICE reported a new immigrant was required to pay 3 years up front to rent some dump in Scarborough. That’s right, “Scarberia!”

Landlords Cannot Demand A Damage Deposit Or Months Of Rent Up-Front. It’s Illegal!

Ontario landlords cannot charge you any type of “damage” or “Security” deposit. Nothing, Nada, Zippo.

Landlords can only ask for “first and last”. This is payment for the first month of rent and for the last month of rent you are staying the property. The “last” is only for your last month living there.

This “last month” cannot be used for anything other than last month rent according to the Residential Tenancies Act.

I Refused To Pay Multiple Months Of Rent Up-Front And A Damage Deposit

Not only did I refuse I told the landlords they were undertaking an illegal act, I educated them.

I told the landlords I met to sit down and I made sure to lecture them not only about how they were undertaking criminal acts, they also were lapsing morally and ethically.

Was I being strident refusing to leave before getting my point across?

Was I being aggressive in making the landlords read the Residential Tenancies Act in my handouts? 

Sure.

But we are nation of laws and we must educate and uphold these laws as part of our democracy.

Nice People Finish Last

What was the result from my honest and ethical stand?

No one rented to me.

Simply because I demanded the landlords followed the LAW I was shunned. I was an outcast. I was without a home when a high paying I.T. job was about to start.

I Had To Be More Sneaky Than The Sneaky Landlords I Was Dealing With

There is a saying “When in Rome Do What The Romans Do.”  I realized the Ontario rental market if full of law breakers (not everyone, but many). My honesty and demanding the laws be followed were mocked at by these landlords.

I Made A Difficult Decision To Adapt And Get My New Home No Matter What It Took

I needed a place.

I needed a place near public transportation and at the lowest rent possible. I tried to be up front and honest and the landlords spat in my face!

Here’s What I Did – I Used Their Own Greed To Work Against Them

I decided to agree with landlords who wanted 6 months of rent up front.  I would say things such as:

“Yes, I agree you landlords need to protect yourself from all the bad tenants out there.” 

“It’s only natural you need 6 months of rent upfront after you worked so hard to buy this apartment.”

“It’s crazy the law says you can’t charge me a damage deposit”

The landlords were super happy to hear this and I was instantly treated with respect and put on the top of their list!

I Pushed It To The Limit!

Since I had gone over to the ‘Dark Side’ as these landlords had I decided ‘hey, if you go to the Dark Side you might as well go all the way!’ Darth Vader style.

So if the landlord said they wanted 6 months of rent up-front I said “why not a year?” 

So if the landlord wanted a 1 month damage deposit I said “why not 3 months?”

So if the landlord demanded post-dated checks I said “why don’t I pay cash?”

Sure I was lying but they were asking for illegal things so it was okay.

The Replies Poured In…Everyone Wanted To Rent To Me (and on long-term leases!)

All the talk of credit checks, reference checks, etc. went out the window.  The texts rolled in and so did the emails. 

Some landlords were so exited they called me and wanted to sign a lease right away!

Got The Best Apartment And A Discount On Rent

From being the ugly loser I was suddenly treated like a virgin princess ready to put out.  I had my choice of properties and played several landlords off against each other to find the best apartment at the best price.

Since I was willing to pay the money up-front and the deposit I managed to negotiate a lower rent.

All they really wanted was a big huge stack of money in their hands.

After I Signed The Lease And Moved In I Filed At the Landlord and Tenant Board And Got All My Money Back!

It’s very easy to file at the Ontario Landlord and Tenant Board and get all your money back!

The LTB form is called the T1. 

You can read about it here!

After I moved in I filed at the LTB.  It was easy and simple. 

Avoid Landlord Texts And Calls (And Record Them As Harassment)

After I filed the texts came flying “oh, you agreed” the landlord whined like little bitches from hell who got caught by a righteous and good person (me) who used their evil Luciferian greed against them.

The messages in my mailbox:

“You are a cheater” and after a few days “we will kick you out.”

It all hilarious because this was just adding my ability to punish these illegal landlords at the LTB.

LTB Hearing Took 15 Minutes To Get My Money Back

I spoke with Legal Aid at the LTB Hearing room. This is really, really helpful. And it’s free!

This is free legal help for tenants and they were with me as I made my case. 

Very nice people and they are often on a first name basis with the adjudicator/judge at the LTB so you get instant credibility.

EASY WIN TO GET ALL THE MONEY BACK 

I also made sure the adjudicator was aware of the threats and harassment from the landlord and the landlord was fined.

The landlord was also warned against harassing me further and to stop demanding illegal money.

TENANTS MUST BE AS SNEAKY AS THE BAD LL’S ARE TO SURVIVE

In this era of super low vacancy rates the bad landlords are possessed with greed and acting unlawful. 

Since they are so sneaky tenants need to be sneaky.

I hope my story will help all the great tenants out there find great rental properties. I’m in a great apartment at a low rent and got all my money back. The landlord is also scared of me because they know I’m a pro and they were already warned by the Landlord Tenant Board judge! 

Good landlords have nothing to worry about and thank you for being legal.

Changes to Above Guideline Rent Increase Applications in 2018

Monday, January 1st, 2018

Ontario landlord and tenant board new laws 2018

 

Getting the Message Out to Small Landlords Across Ontario! Be Aware The Law Is Changing For Above Guideline Rent Increase Applications in 2018

Successful Ontario landlords know it’s important to always be aware of new laws that regulate our industry. If you are not careful and don’t know the latest changes you could face some severe financial penalties. Those of who have been unfortunate enough to go to the Landlord and Tenant Board know you must be 100% ‘on your game’ and become an expert on the rules and regulations if you are going to succeed.

And there have been many changes since the beginning of 2017

One of the biggest changes that has impacted small landlords is the change in how we can use “own use” applications to get our properties back. We wrote about these Ontario landlord changes earlier to let everyone know about what is going on so you can prepare and be aware.

Other changes have included the fact landlords with properties built after 1991 are now included under the government rent control umbrella and changes to above guideline rent increases.

An Ottawa landlord wrote on our Members forum in what turned out to be huge thread:

“I have kept my rent increases low over the past few years, sometimes not even raising the rent in order to keep my tenants from looking at other properties and potentially moving. I pay for power and now my bills are becoming so high it’s jeopardizing my ability to even cover my costs! Has anyone ever done an above the guideline increase? Thanks in advance.” 

Unfortunately it’s not good news for this landlord as the news about changes didn’t reach her.

New Laws For Above Guideline Rent Increase for Ontario Landlords

Everyone who owns rentals across Ontario please carefully read this message from the Ministry to us, as they know we can reach landlords all over the province:

Ontario landlord and tenant board 2018

To: Ontario Landlords Association

Above Guideline Rent Increase Application – The Law Is Changing

On January 1, 2018, two changes to the Residential Tenancies Act that relate to the landlord’s Application For a Rent Increase above the Guideline will come into effect

1. A landlord will no longer be able to apply for a rent increase above the guideline because of utility costs (e.g. fuel, electricity or water) have increased.

2. If a landlord has not complied with an order to fix an elevator (issued by the LTB, the municipality or the technical standards and safety authority) the LTB can dismiss the application or require the landlord to fix the elevators before ordering an above the guideline increase.

A landlord can still apply to the LTB for an increase above the guideline if:

The landlord’s costs for municipal taxes and charges have increased significantly The landlord has done major repairs or renovations (these are called capital expenditures)

or, The landlord has operation costs for security services performed by person who are not employees of the landlord.

Changes to the Landlord and Tenant Board Form L5

The Landlord and Tenant Board has updated the L5: Application for an Above Guideline Rent Increase to reflect the changes.

Landlords need to begin using this new form immediately. Make sure you are getting the latest version of the form by clearing your browser cache to avoid any mistakes. The old version of this forum will be accepted until January 30, 2018.

Getting the Message Out to Ontario Landlords

Small Ontario landlords have faced unfair rules that are biased for bad tenants for years. Now there are even more changes coming that are unfair for Ontario landlords. However, you must follow the rules and be aware of them.

The Ontario Landlords Association is reaching landlords all over the province and helping them be aware of new rules and changes to the way small landlords can run their rental business.

There have been important changes to how the L5 works starting today. We will provide updates on this and how other new changes are impacting our landlord community throughout the years.

Knowledge is power and Ontario Landlords need to be aware of these rule changes in order to succeed.