Posts Tagged ‘N5’

Part 1: My Tenants Haven’t Paid Rent For Months

Wednesday, July 1st, 2020

We are posting some of the thousands submissions sent from landlords across Ontario. Make your voice heard.

I know a lot of landlords really frustrated now and I am too. So we asked if our my submission could be published for people to read.

Hopefully others will see they aren’t alone in dealing with these challenges and those with power can see what is really happening.

Our Story – We Did Every Thing Right, The System Is Wrong

Like many others reading here we are not a rich. We are originally immigrants who saw Canada as a peaceful land which followed the rule of law instead of the law of personality and corruption.

We arrived and are both working class people who only bought our own home later in life. We rented for years and  made sure rent was a priority to pay.

We are still coupon cutters and saved every cent we could. Yes, I’m that person you see lined up at the grocery store the morning of a sale.

We have an old tv and almost never take any vacations  and we are fine with that because we want to plan for our future.

We have never bought a new car, always used. We didn’t even want to buy a car but found public transportation lacking and not convenient, especially in the cold winters.

Finally Built a Small Nest Egg

When we finally had some savings a few years ago we were looking to invest somehow. Our money was just sitting in the bank and we spoke with our bank representative about options.

She told us we could go into GICs, but they paid very little interest. And the stock market was something we were not comfortable with because it looks to us like a casino where only the insider players make money.

We were still looking for options.

Buying A Property To Rent

After long talks with each other, we came across the idea of buying a rental property.

We rented for years and remembered how tough it was to find a really nice place. We always worried about the landlord/property management because many of the rental buildings were not well maintained in our city. When we needed to move and find a new place due to work reasons it felt like Russian roulette.

So we decided we can try to buy a well located property and make it the nicest one around.

And we would be the best landlords around.

We wanted the property and how it was run to be exactly what we always looked for but never found. We planned to personally take care of the property, fix things quickly and with high quality materials, and charge an affordable price.

Our goal was people would see our place compared to others and get to know us for a mutually respectful business relationship.

Great Duplex, Great Rental, Great Location

We spoke with our bank and learned what we needed to qualify for the mortgage. I know tenants are talking a lot about mortgage fraud by small landlords and it does exist, especially for people with multiple rentals. This is wrong and makes us all look bad.

Fortunately for us we had high credit from always paying our bills and could qualify to buy a property in a certain price range.

We spent months looking and looking and the more places we saw the more we were confident we could be the best landlords around. So many of places for sale were run down, damages, smelled horrible, and not something we would have wanted to rent.

Our real estate agent finally showed us a property in a good area close to public transportation, shopping, and schools. It was vacant and we were told by our real estate agent the current owner was a foreign investor who wanted to sell.

We made our offer and after some wiggling it was accepted! We finally had our investment property, in a nice area and now it was our time to have the perfect rental property with (we hoped to be) amazing, caring landlords.

Fixing The Property

In our area it’s hard to find a really nice rental in a great area. Now we at least had the great area. Now it was time to fix it.

We did everything ourselves except the new shingles and the electrical and plumbing. We spent weeks scrubbing, painting, putting in new flooring and landscaping.

We spent more on our rental than in our own home for things like blinds, curtains, new counter tops, new appliances, and new clean light switches.

Both the upper and lower units looked like brand new houses.

We made them into places we always hoped to find but always ended up disappointed.

Great Property On The Market At An Affordable Price

We felt great even after coming home at midnight after doing sanding, painting and other fixing issues in the new property.

We had one of the best properties on the market, we wanted to be the best most friendly landlords ever, and were optimistic and excited.

We are both working class people wanting to help working class people like us!

Things Started Off Well

We found good tenants for both units in the upper and lower apartments. We made sure to use the right legal materials and rent credit checks with Rent Check.

It was a good first year. Unfortunately, the lower unit moved out after a year and the couple of teachers moved out after two years because they bought their own townhouse.

Our next tenants moved in and things were also good for a long while.

No Evictions, No Landlord And Tenant Board, No Law

They are legally “playing the system”

Things have changed in 2020. We had our first problems with the downstairs tenant who didn’t pay rent in February. He hasn’t paid since.

Then after Premier Ford say tenants didn’t have to pay rent in March our upstairs tenants have refused to pay. They told me it’s “their right.” They didn’t want to negotiate, didn’t want to work things out.

Our Tenants Are Now Not Paying Rent And We Can’t Evict Them And We are Owed Thousands of Dollars in Rent With No End In Sight!

This is all because the government is not allowing the legal system to operate… and we suspect our tenants are abusing the system because they know they can’t be evicted! Isn’t Canada supposed to be a nation of laws and not one of lawlessness?

Things were about to become worse. Doug Ford where are you to help me and my family not go bankrupt!

To Be Continued…

How Ontario Tenants Can Break Your Lease in 2020

Saturday, February 1st, 2020

Get Tenant Tips And Tricks From Experienced Tenants On How “Things Really Work” And How You Can Protect Yourself in 2020!

How Ontario Tenants Can Easily & Legally Break Your Lease In 2020!

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.

Sunday, June 2nd, 2019

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

As part of our “Let’s Improve the Ontario Rental Industry” we have invited 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.

To contribute your experiences and advice please email us at:  tenantexperiences@groupmail.com (All contributions must be a minimum of 300 words and include your name, contact number, address, a copy of your lease, all which will all be kept private and destroyed upon confirmation.)

The post below has been recommended by the Tenant Community as extremely helpful and important information.  By Working Together Tenants And Small Landlords Can Get A Better Understanding of the Issues And Improve The Ontario Rental Industry.

 

How Can Ontario Landlords Protect Ourselves Against Tenants Smoking Marijuana and Growing Plants?

Tuesday, October 16th, 2018

  Experienced and Successful Landlords and Property Managers Have Created A Comprehensive CD Filled With Strategies and “LANDLORD TIPS AND TRICKS” To Help You Deal With Tenants Who Smoke And Grow Weed In Your Property

Combine Access To This Comprehensive CD Along With Networking With Experienced Landlords and Property Managers In Our Private Members Forum To Protect Your Rental Business!

Legal marijuana has arrived as of October 17, 2018. This will have a huge impact on residential landlords.

How will you deal with it?

As an Ontario-wide landlord community, we have come together to help you and other landlords and residential property investors. After all, we are important stake-holders in the province and we are an important provider of high quality rental properties.

While many Ontario landlords have no moral or ethical concerns about making weed legal, we do have huge concerns how it will impact our rental properties and their bottom lines. The reality is many landlords and property investors are worried and looking for guidance and advice.

Landlords should be worried.

We are entering a whole new paradigm filled with uncertainty. If you are an Ontario landlord, your rental business is now filled with challenges and a bigger risk of huge problems and financial losses than ever before. 

Tenants Smoking Weed In Your Rental Property

Marijuana is now legal and tenants can smoke in your rental. How can you protect yourself? What are your options?

Tenants Growing Marijuana Plants in Your Rental Property

Tenants can now legally grow up to 4 plants in your rental. And as one landlord wrote on the Ontario landlord forums “I never touched marijuana in my life and thought the plants would be small like tomato plants…but they can be huge!”

Tenants Marijuana Smoke Causing Issues For Other Tenants

If you own a multi-unit property what can you do if one tenant smokes and bothers other tenants? The smoking tenants says “it’s legal” and the other tenants say “do something or we are all moving and taking you to the LTB to pay for our moving costs!”

What if you rent your basement and you smell weed smoke coming through your vents? What if you have young kids?

Huge Clean Up Costs

Many good tenants are sensitive to smoke and won’t rent a place where they smell it. Just dealing with tobacco smoke clean up can be expensive. But cleaning up marijuana smoke when a tenant leaves can end up costing you thousands of dollars.

Safety Issues

Growing marijuana plants could mean your growing renter might be creating mold and other dangers in your rental property. What should you do?

Insurance Issues

If your tenants are smoking or growing it could waive your insurance policy. 

Even If You Have a No Smoking Clause, What Happens If they Still Light Up?

If you say no smoking and the tenant lights up anyway the Ontario eviction process can take 6-8 months (or more). So during the time you are just waiting for the Hearing they can continue smoking.

No Smoking Clauses Don’t Mean “No Growing”

Even if you have a no smoking clause how many people out there have anything regarding growing plants? This means your tenants can grow, legally.

Other Provinces Have Made Changes To Help Landlords, Ontario Has Not

Many Canadian provinces moved quickly to protect landlords and investors and their rental industries.

For example, the province of Saskatchewan prohibited marijuana smoking in rentals and forced all tenants to sign new leases to allow landlords and investors to protect their rental properties.

In New Brunswick new rules allow landlords to amend their leases to prevent the smoking and growing of weed in their rentals.

Protect Your Rental Business Experienced and successful Ontario

We have worked hard to let the Ministry and the province to educate them why Ontario landlords need to be protected. We made it clear we need at least the same protection other provinces have provided for their landlords and residential property investors.

Several of our members were told “we appreciate your hard work and the concerns of your community …the situation is being monitored” and if there is “evidence of a major problem changes will be considered. Keep us informed.”

What this means is Ontario landlords are getting no help now and need to protect our investments from the government.

We are on our own!

Protect Your Ontario Rental Business!

Landlords and property managers have created a comprehensive CD to help you protect your Ontario rentals.  These are people have dealt with tobacco smoking issues and marijuana issues in the past and are ready for the new challenge of legal cannabis. 

They have also added lots of “Landlord Tips and Tricks” that only real professionals know about due to years of experience and ‘skin in the game’. 

With over an hour of information this comprehensive CD is filled with information to help you avoid problems and help you fix any problems that might arise. It’s written by experts with ‘skin in the game’ because we all own rentals ourselves!

Combine this with access to our Private Members Forum to protect your rental business and succeed!

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.