Posts Tagged ‘N4’

How Ontario Tenants Can Easily & Legally Break Your Lease

Saturday, April 20th, 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.

How Ontario Tenants Can Easily & Legally Break Your Lease In 2019!

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.

Critique My Plan To Not Pay Rent for 8 Months (Part 1)

Monday, July 2nd, 2018

ola stop paying rent

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 and tenants can share your thoughts and opinions by emailing us at landlordtenantsolutions@groupmail.com

Critique My Plan Not To Pay Rent For 8 Months

I asked that my situation be posted to help other victimized tenants who find ourselves paying so much money to landlords.

We cannot afford to get out the viscous circle of working hard just to have a place to live and the landlord is taking so much money from us. It is like a drug dealer making money of people who need drugs because they are addicted.

Tenants in Ontario have almost no one to help us and the vacancy rates are so low and rents are so high we need to work together and help each other.

While landlords can use our rent money to hire lawyers and have all the politicians in their pockets tenants need to stop fighting and finally create a unified voice to stop being exploited.

I’m Not Moving

Where I live is like a home to me and really comfy and convenient. My boss lives near here and can pick me up to go to work and take me home which is a huge bonus. So no way do I want to move, but am just short of money due to unforeseen consequences which are not my fault.

I will move in January 2019 because after some time trying to make money it’s back to school for me and here are no half-decent unis here. Education is expensive and paying for a place to live means money. Add in books, clothes, money for nightlife and any money to be saved will mean a jump start for my future and my life enjoyment.

After lots of study here is what is on the table:

JUNE 1

1. On June 1st I just don’t do the normal e-transfer to my landlord.

2. If the landlord calls me I need to answer as part of my way to delay everything. So I’m going to make an excuse.

This is what my script is so far (suggestions welcomed!):

“Oh geez I’m so sorry about this. You know me and how we get along and I want to stay here a long time. It’s just that my work screwed up the system and I didn’t get my salary this week like I always do! It’s crazy now with so many computer screw ups and I’m mad as hell about it. The good thing is my boss said the money will be arriving in my bank account soon.

The only reason I didn’t call you yesterday is because the money should be in my account now! I’m sorry about it and the money will be coming soon. How’s your summer going? I’m going to clean up the lawn and plant some flowers if you don’t mind (bullshit, bullshit, bullshit to throw her off the scent!)”

3. I try to delay this as long as possible and think I can string her along until the 3rd week because I know she doesn’t want me to move and have to spend the time and energy of finding someone else to take his place. She knows she would lose at least a month or two trying to fill it.

And she won’t want to pay to clean it up because the place is a bit weedy if you know what I mean because some of my friends and I light it up on the week-ends and smoke a few joints.

4. I call and say “good news I’m getting double pay on July 1 so you will get two months of rent. I’m sorry about this (blah, blah, blah). So June uses my last months rent I paid and now the rest is gravy.

JULY

5. I don’t send the e-transfer again with the landlord expecting 2 months of rent. Best move (I think) is to continue to delay.

But I’m sure she will eventually give me the N-4 form to pay or leave. So let’s say I get that on July 2nd. The N-4 gives me 14 days to pay and there is nothing the landlord can do about it.

Now we are at July 17.

The landlord will have to file an L1 to take me to the Landlord and Tenant Board. I called the LTB and found that these eviction trial dates take at least 6 weeks to be held. So that would lead me to around September 3rd to 10th.

STATUS REPORT:

-Last month rent I paid when I moved in used for June

-No rent payment needed for July

-No rent payment needed for August

-No rent payment needed for September

This means the landlord doesn’t have any of my hard earned money and there was no need to pay for July/August/September rent.

LTB EVICTION TRIAL STRATEGY

I read here and now realize tenants HAVE TO ATTEND to defend ourselves. If not we could get an unfair decision.

I also read we can get a free lawyer at the LTB at the day of the eviction trial. We just need to go a bit early and wait for the free tenant lawyers or paralegals to call out they are seeing people and will represent us against the landlords. 

The best way to avoid getting kicked out is to create some maintenance claims because under the law landlords are responsible for all maintenance and repairs and my enjoyment of the property:

“The reason I didn’t pay rent is because the landlord refused to fix things and it has made my life a nightmare, especially as a young person who is struggling with perilous employment and health issues.”

The strategy is to get my girlfriend who is living here with me to act as a witness and we are going to have documentation:

-the toilet doesn’t flush so we can’t even use the bathroom

-it’s so hot and the bedroom windows don’t open all the way and i makes it even difficult to sleep

-there are ants on the patio and they keep coming in and the landlord won’t do anything about it

-etc.

Remember that one tenant on the forum told me “no house is perfect” so this will void the Eviction trial and the landlord will have to fix things and I will give them one month to do it, so that will cover October rent and I will agree to pay once the repairs are done. 

OCTOBER

I won’t pay rent and will file with the LTB and tell them the landlord didn’t make the repairs up to my satisfaction and will have my girlfriend as a witness.

I will give the landlord 30 more days and demand she brings EVERY person she hired to testify in person at the LTB (good luck with that) and also demand that if any of them are not licensed and insured I don’t feel same in my home.

NOVEMBER

I’m sure the landlord will file for eviction and I will counter with a tenant rights complaint about more needed repairs in the apartment. This should give me at least another six weeks.

JANUARY 2019

At this point they will probably try to get the sheriff or whatever it is to evict me but I read here that is also very slow and can takes week. Anyways I don’t really give a sh*t because I’ll be leaving at the end of the month to go to school.

STATUS REPORT:

-Last month rent was used for June

-No rent payment needed for July

-No rent payment needed for August

-No rent payment needed for September

-No rent payment needed for October

-No rent payment need for November

-No rent payment needed for December

-No rent payment needed for January

CONCLUSION

Pretty sure this will work and only me a couple days at the LTB. Hoping others experienced with this will chime in to help me perfect my strategy.

I will eventually pay my landlord once I get a secure white collar position but right now it’s all about my survival and MY FUTURE! I will follow up on how things are going and will continue to take a stand for tenant rights in Ontario!

Ontario Landlords Need To Be Protected – The Current System Just Isn’t Fair!

Monday, December 4th, 2017

ola landlords speak out

Ontario Landlords 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.

The Rental Fairness Act Isn’t Fair For Landlords – Ontario Small Landlords Need More Protection

ola it's not fair

Tens of thousands of small landlords emailed in as part of our drive to create a way for landlords and tenants to communicate with each other to find positive common ground. While there are some unethical landlords out there, by far the vast majority of us try our best to be excellent landlords with attractive, well-maintained rentals.

The vast majority of small Ontario landlords play by the rules and care for our tenants and our properties.

The Ontario Rules Do Not Protect Small Landlords And This Isn’t Fair

One of the most common themes in all the replies was that while landlords want to learn and follow the rules those same rules often don’t adequately protect small landlords.

This means landlords who make sure they do everything according to the Residential Tenancies Act and the Landlord and Tenant Board still find themselves in very difficult situations stemming from bad tenants. These bad situations often mean losing thousands of dollars.

However it also goes beyond just financial losses.

Under the existing system landlords experiencing incredible stress, worry and sleepless nights when they are just using the system in place and following the rules. This isn’t right and this isn’t fair.

Good people making huge investments in our province need to be protected and must not be subjected to tenants who can easily manipulate the rules to cause harm and huge financial losses. Recently there was a good media story of a tenant who created a fake credit report to trick landlords into renting to him. He then ripped off his landlords and also cheated other tenants. He is now wanted by the police.

Let’s Protect Good Tenants, But We Also Need to Protect Good Landlords

Most of our small landlord members were renting themselves not that long ago. We are the working class looking to support our retirements and hopefully get some cash flow as a return on our investments. Many of us rented as students at Ontario universities and colleges and many others rented while beginning their careers.

We support protections for tenants, but we need to also protect good landlords. Currently things are simply not balanced.

What Happened To The Changes To Encourage More People To Invest in Rental Properties?

It was only a year or so ago that that landlords were asked to present needed changes to the Ministry. The request was for current landlords to suggest new policy ideas to help them succeed, and this would in turn encourage more people to become landlords in Ontario.

It was a good idea as with a better, fairer system more people would invest in rental properties and this would lead to more choices for tenants and more affordable rental housing in Ontario.

Our landlord members were not worried about increased competition from new landlords and investors. In fact, they were very enthusiastic and excited about getting changes that are desperately needed to help landlords continue to even run existing rentals. With a better system and more protections, landlords could better deal with bad tenants who abuse the system.

More Protections for Ontario Tenants But What About Fairness for Small Landlords?

When the Rental Fairness Act was announced in April many landlords were excited and expected to hear about new protections for small landlords. An Ottawa landlord organized an online event and many our members networked and watched the news conference on the Premier’s YouTube channel.

After the news conference good Ontario landlords were extremely disappointed, and many were upset.

For while there were many changes designed to help tenants, there was little to help small landlords. No one objected to helping good tenants but wasn’t the goal to encourage more great people to invest and create a lot more amazing rental properties?

A Toronto Landlord asked: “Why are the concerns of small landlords ignored as we are key stake-holders in Ontario and important rental housing providers!?”

Some of the major challenges Ontario landlords are facing include:

Evicting for Smoking

Dealing with tenants who smoke, and have this smoke bother other tenants, has been a problem for many small landlords for years. With new laws regarding marijuana this issue is just going to become larger and we need to find a solution.

Creating a New System to Help Landlords and Tenants with Pets

Our landlord members love pets and many have pets of their own. However, we need a way to make sure tenants take care of their pets and don’t damage the rental property. 

Ontario Landlords Association members suggested we create a voluntary “pet deposit”. Tenants with pets would pay a deposit to protect the small landlord from any damages from the pets (and they do happen). When the tenants move out they will get the deposit back if there aren’t any big damages. If their aren’t any pet damages and the landlord doesn’t give the deposit back the tenant can take pictures, file at the LTB, and get the deposit back.

Making the Rent Increase Guideline More Fair For Service Oriented Small Landlords

With even newer rental properties covered by the rent increase guideline (which is only 1.8% in 2018) we need a way to make sure the guideline covers the true cost increases landlords face.

Making the Landlord and Tenant Board More Efficient and Effective

When landlords have problems with renters in their properties we have to go to the Landlord and Tenant Board (LTB) to seek justice and fix the problems. While most LTB staff are hard working and professional, the way the LTB is designed needs to be improved.

-We cannot continue to have landlords waiting for weeks or even months to even get a Hearing date.

-We cannot continue to have tenants ‘ambushing’ landlords with maintenance claims at the Hearing.

-We need the Enforcement Office to enforce LTB evictions in a time sensitive way, meaning days not weeks or months 

This is just the start of issues that need to be addressed.

Closing Loopholes Exploited By Bad Tenants

We need to make sure the Landlord and Tenant Board process is fair and end loopholes that delay evictions. Some unethical tenants can delay being evicted for months.

The Rules For Small Landlords Need To Change

Small landlords are not huge corporations, massive REITS with stockholders and millions of dollars available from investors from all over the country and around the world.

Small Ontario landlords are working people who believe in the future of our province and have invested their hard-earned savings into Ontario rentals hoping for a better future. Many landlords are newcomers to Canada who want to run successful rental businesses as part of their contributions to their new country.

Ontario Landlords and Tenants Speak Out: “I Wish The Rental Fairness Act Was Fair For Landlords!”

We have asked many of the landlords who emailed in to expand on their concerns and stories of challenges they have faced owning rental properties in Ontario. We have also asked Ontario tenants who wrote in the same thing and look forward to posting their opinions and ideas.

By working together we can create a better, fairer Ontario rental industry that helps both good landlords and good tenants.

The current system just isn’t fair for small Ontario Landlords and that’s not fair

We need changes to be made to protect small landlords or we will see a big drop in investment and less high quality and affordable rental properties. We aren’t huge corporations who can put up ads near Queen’s Park and hold golf tournaments and invite Brian Mulroney to sip champagne with us…we are too busy working and taking care of our rental properties.

Who are small landlords?

We are teachers, contractors, electricians, firefighters, police officers, nurses, doctors, lawyers, Realtors…we are the people of Ontario. And we have been treated unfairly for too long.

Small landlords need support as we truly are important stake-holders in Ontario and need to be protected as the current system simply isn’t fair.

An Ontario Landlord Story – “I Guess We Were Naive”

Tuesday, May 21st, 2013

May 21st, 2013

Ontario Landlord Tenant Problems

 

There are lots of good tenants out there. We’ve also read about some not so good tenants. Here’s a story of Ontario landlords who faced challenging tenant problems and found the current system left a lot to be desired.

….

Part 1:  I Guess We Were Naive

We’d been having issues with our tenant – or, more specifically, the boyfriend who had moved in with her after 8 months of relatively problem-free tenancy.

They were irked with us for having cancelled their fire permit due to our unwillingness to be responsible for paying fines for their insistence on having fires even during a total fire ban – and their response was to start piling up their garbage in the yard, rather than taking it to the curb.

We didn’t want to pay those fines either – so when the township by-law officer gave up on dealing with them directly and sent us a letter notifying us that we would be responsible for the cost of having a crew clean it up, we served them with an N5: clean it up or risk eviction.

She did make an attempt at cleaning, or rather re-organizing the mountains of trash, but he came home from his job and threw an almighty tantrum, not only undoing all of her attempt, but also ripping bags open and scattering dirty diapers from one end of the yard to the other.

So – my husband hired a helper and a truck and cleaned the yard, paying more than $200 in dump fees – and I completed the paperwork to evict. We didn’t serve it though, because when we went to speak to them about an outstanding portion of October’s rent and November’s rent, they gave notice. Insufficient notice – they said they would be out by the end of November, but since we were happy to see the back of them, I accepted it and agreed that we would apply their last month’s rent to November.

Problem solved, right? Did I mention naive?

On the 27th of November, my husband stopped by the house to let the tenants know that I had arranged a showing for the 29th.  The woman was home, but had someone there and refused to speak to him beyond telling him to get lost (in not nearly such polite language). 

I went down later in the day to find out what was going on, and she told me that they had not yet found a place that they could afford, and therefore “might” not be moving. Although not at all pleased with this development, I did clearly state the requirements necessary to continue their tenancy: they needed to make a decision by the next day and let me know, and they would be responsible to both pay rent for December and replace their last month’s rent.

Repeatedly, I told her, you MUST let me know by tomorrow if you want to stay – repeatedly she agreed. Right before I left, I again re-iterated that I needed to know by the following day, and that if I did not hear from her, I would assume that her tenancy would end on the 30th, and would proceed with the showing on the 29th. I also wrote a notice and left it with her – without retaining a copy.

Nothing from her on the 28th.

But when we showed up as per the notice on the 29th  with prospective tenant in tow she had company – a foul-mouthed friend who spouted off at length about their “right” to stay and to not to pay any rent before she proceeded to threaten to sic her Rottweiler on us.

Calling the police accomplished little – because I did not have a copy of the notice, the officer refused to facilitate entry. He instead had me write another notice for the following day, which also included demand for a key to the front door, since they had changed the lock.

The next day, I met the officer there. The prospective tenant did not attend – can’t imagine why! There didn’t seem to be much point to entering, but the officer did serve her with the forms I had completed – a second N5, and an N4 for non-payment of rent.

She handed him a key – presumably for the front door, but in fact, a key that did not open any of the doors in the unit…

To Be Continued

To discuss this and other landlord and tenant issues go to the Ontario Landlords Association free landlord forum

My tenant hasn’t paid the rent on the 1st? What do experienced landlords do?

Wednesday, November 30th, 2011

December 1st, 2011

 

It’s the nearing the first of the month.  You have a regular system with your tenant where you call them the day before and prepare a time to pick up the rent at the rental property.

For months, things worked well.   You always meet at the rental property.  Sometimes you set a time for 5 pm.  Sometimes you set a time for 6 pm.  One time you and your tenant were both running late so you set a time to meet at the front door at 7:45 pm!  It’s all good.

This time you call to set up a time to pick up rent and no one answers.

You think “I can’t reach my tenant to set up a time to pick up rent, it’s shouldn’t be a big problem.”

Or is it.  

You call a couple more times and no answer.  You leave a couple voice-mail messages requesting a call back.  

Nothing!

The First of the month comes.  No contact, no replies, no nothing…and no rent!

No rent and you still have to pay your mortgage.  You decide to go visit the property.  You knock on the door, ring the doorbell…no one answers.  You try back a few days later.  You think you see a light on, but still…no one answers.

You read the Ontario Landlord and Tenant Board Website and see you can serve a form called an N-4 for non-payment of rent.

Should you fill it out and serve it?  You begin to remember how good your tenant has been for the past six months.  Is this a one off situation? You also begin to read the form N-4 and does it ever look serious and confrontational.  The form N-4 looks to want to create a fight!

You don’t want to fight.  You just want your rent.

So what should you do?  

Experienced landlords discuss this in a great thread at the Ontario Landlords Association advice forums HERE

What would you do?