Posts Tagged ‘legal’

Ontario Landlords – It’s the 1st of the Month, Time to Collect Rent…and Check Smoke Alarms

Sunday, September 30th, 2012

October 1st, 2012



Landlords It’s Time to Collect the Rent, and a Great Time to Make Sure the Smoke Alarms Are In Great Shape and Your Rental Property is Up to the Fire Code!

It’s October 1st, time to collect the rent.

Protect your Tenants, Your Rental Property, and Yourself

With furnaces and space heaters soon to be turned on as the weather gets cold, it’s also a great opportunity for Ontario Landlords to check that smoke alarms are present and working in your rental properties.

Let your tenants know ahead of time and let them know you are working to protect not only yourself, but your tenants!

Why Does it Matter?

Not having working smoke alarms can lead to fines and even worse.  See what happened to these Ontario landlords here

Work together with your tenants to ensure your rental properties are up to code and safe!

Be proactive and with the weather getting colder, and furnaces and space heaters being turned on, make sure your rental property has smoke alarms that work and your rental property is up to the fire code.


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.


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.

Landlords and Tenants Know the Fire Code and Check Your Smoke Alarms

Monday, September 17th, 2012

September 18th, 2012


Both the Milton, Ontario Landlord and the Ontario Tenant Pleaded Guilty!

Another Issue Regarding the Ontario Fire Code?

Yes, and this time both a landlord and a  tenant were involved.

Both a Landlord and a Tenant?

Both the landlord and the tenant pleaded guilty for  two separate smoke alarm violation cases in Milton, Ontario.

What’s the Background Story?

According to the MFD (Milton Fire Department), the very first charge began with a call for help they received in April of 2012.


Upon arrival at the residence at Cabot Trail, the city Fire Teams found this individual rental unit existed without a working smoke detector.  Where? In the unit basement.  They also found a couple of smoke detectors even  had batteries which were not set up properly.

Who Was at Fault?

The homeowner pleaded guilty to ‘fail to install smoke alarms where required’ and was fined $230.

What About the Other Charges?

The second charge came during a requested MFD rental property inspection in May. Firefighters found no smoke alarm outside the sleeping area of the home on No. 25 Sideroad.

Was the Landlord Charged Again?

Upon investigation, the homeowner produced signed documentation that the rental property did meet the requirements of the Ontario Fire Code with respect to smoke alarms when the tenant moved in.

The Landlord Smartened Up!?

Yes,  the onus of the smoke alarm maintenance was actually placed upon…believe it or not… the tenant.

Upon closer inspection the MFD actually discovered the tenant had removed the smoke alarms and was subsequently charged with, get this,  ‘deliberately disabling a smoke alarm.’ Furthermore, the tenant was fined $100 in court Monday after pleading… guilty.

What Does the Fire Department Say?

Deputy Dave Pratt says: “These charges reflect the MFD’s zero-tolerance approach to smoke alarms as there is no excuse not to have them installed and operating,”

He continued, “Landlords who are found to be negligent in providing and maintaining smoke alarms for their rental dwelling units will be ticketed or charged under the Ontario Provincial Offences Act, as will tenants who intentionally disable them.”

We often think of fire dangers such as arson, but the working smoke detectors are also being treated very seriously by fire officials.

This is a Great Lesson for Ontario Landlords!

Yes, as we have seen previously the government is very quick to charge and fine small business landlords.

Landlords need to protect themselves from charges and fines.  The Ontario Landlords Rental Kit provides the protection they need.  Understand the Ontario Fire Code and make sure you check on all the smoke detectors.


Ontario Landlords Renting To Students: Rental Scam Warning!

Friday, August 31st, 2012

September 1st, 2012


Are you an Ontario Landlord Renting Out To Students?

Why the Warning?

Lots of Ontario Landlords rent to students.  During this time of year students all over Ontario are traveling to their universities and colleges.  Now is the peak time for renting to students.

It’s also a busy time from scam artists and fraudsters to try to take advantage of this and prey on landlords who rent to students.

What’s the Scam?

The fraudsters reply to landlord advertisements for housing for students.  In their emails or phone calls, they pose as either parents of a student or a student from out of town and say they want to rent the apartment. They are targeting Ontario landlords to rip them off.

What Happens Next?

The scam usually takes one of several paths.

Scam #1

One path is the imposter will send a cheque for rent for the entire school year.

After a week or two, the fake student will inform the landlord they changed their mind and won’t attend that particular university or college.  This will inevitably lead to the fake student asking for their money back.

They will request the money be sent back to them by a money transfer to a bank account located overseas, or at least out of town.  Out of the goodness of their hearts, they inform the landlords to take a few dollars for their troubles.

Scam #2

The second way this scam happens is the fake student will send the landlord a cheque with more money than what the rental agreement requires. They will claim the extra money is for “moving expenses” for the student (“their child”).

The next stage of the scam is to ask these extra funds be sent to a 3rd party to help the student (“their child”) to help with the move.  Again, they will ask the money be transferred to them.

Alternatively, the suspects will send a cheque in an amount greater than the rent, claiming the extra funds are for moving or transportation expenses for their ‘child’ and ask that the funds be forwarded to a third party to assist with the move or transportation, again by money transfer.

Then What?

Inevitably, the cheque provided by the fake students will be returned as counterfeit. The students landlords will be held  for any money sent to them..

Is this a New Scam?

Every year, the Niagara Regional Police Service receives calls from landlords who have been defrauded or approached with this type of scam.  In fact, this scam happens all over Ontario.  The Niagara Regional Police Service wants to remind Ontario landlords that this scam continues and will continue into the school year as suspects will continue to seek out landlords who are having trouble renting their apartments.

Ontario landlords who rent to students: be aware of this scam and don’t become a victim!  Read more at the Ontario Landlord Forum.

St. Catharines Landlords Fined $12,500 for Illegal Basement Apartments

Wednesday, August 1st, 2012

August 1st, 2012


Landlords Make Sure You Have Approvals and Smoke Alarms!

What Happened?

Two St. Catharines landlords have been fined for creating affordable rental property housing without proper approvals.  Also, they were charged for not having working smoke alarms.

Who are the Landlords?

They are Carmelina Limoncelli and Vince Limoncelli.  Each plead guilty in the Ontario Court of Justice on July 13 to charges related to rental properties located at 34 St. George St. and 56 George St.

What Were the Fines?

Landlord Carmelina Limoncelli was fined a grand total of $5,500.  One count for failing to maintain smoke alarms in her rental cost her $1,500.  A second count for the creation of two rental units in the basement of her house cost her another $4000.

Landlord Vince Limoncelli was fined $7,000 in total.  First for three counts of failing to maintain smoke alarms which costs him $3000.  Second, he has to pay $4000 for the creation of a basement rental unit at 56 St. George St.

What Does the Chief Fire Prevention Officer Say?

“The construction of apartments in homes without proper permits and inspections can result in substandard apartments that do not meet the minimum life safety standards,” St. Catharines chief fire prevention officer Chris Leonard said in a media release.

Why Not Give These Landlords a Chance to Get Up to Code?

No answer.  Those hefty fines must look good for the government looking for more sources of revenue.

Did they Investigate Whether or Not the Tenants Took Down the Smoke Alarms?

No answer.  Instead, Leonard stated:  “Many times these apartments are found with improper exits and fire separations, as well as hazardous electrical installations.”

I See Thousands of “Illegal” Apartment Advertised in Toronto, What about Those?

Like they say in Real Estate, “location, location, location.”   It’s the same for landlords.  Some municipalities turn a blind eye while others seek to punish residential property investors.  No matter if you are in Barrie, Toronto, Ottawa or any other town or city, make sure you know the rules and laws for your area.