Posts Tagged ‘non-payment of rent’
After A Painfully Long Wait The Landlord & Tenant Board Is Open
Many small landlords have felt incredibly frustrated and rightfully angry as the Landlord and Tenant Board was closed for most cases such as non-payment of rent.
Most of us have full time or part time jobs that help us survive. Like others, we too suffered job losses, no school for our children, lock-downs and were worried about our loved ones being safe.
We also had our rental properties to deal with.
Ontario Landlord and Tenant Board Is Open
Here are the rules for the opening.
As of August 1st, 2020 the Landlord and Tenant Board Will:
(1) Begin to issue eviction orders that are already pending
(2) The LTB will begin to issue consent eviction orders that are based on tenants and landlords deciding to settle issues with an agreement.
(3) LTB will remain hearing ‘urgent’ matters that are related to health and safety issues that have already been scheduled.
(4) Begin to schedule hearings for non-urgent evictions.
(5) Start non-urgent hearings starting in the middle of August and into autumn.
As the LTB gradually re-opens it says it will make their services stronger:
(1) They will begin holding hearings by phone, video software and in writing
(2) The LTB is encouraging tenants and landlords to try to reach a settlement before applying for a hearing
(3) Using what are called “Case Management Hearings” for applications that don’t include rent owed
(4) Hiring and training more adjudicators
We will be watching what happens and encourage our members to share your feedback with us that we will share with the LTB and the Ministry.
Got Questions? Need Help?
With all the changes happening and after months of chaos we are here to help.
We have thousands of members and many very experienced and successful. This is why we exist…to help small landlords and get our message heard.
So instead of just complaining to each other about how unfair things are, or listening to people who aren’t successful, our members work to come up with winning landlord solutions.
And unlike people who don’t even own rental properties, we’ve got ‘skin in the game’ and find real world solutions because our incomes depend on it.
All for a one time registration fee that includes huge discounts on key services.
The Ontario Landlord and Tenant Board is Finally Re-Opening!
Make Sure You Know The Ropes And Run A Successful Rental Business By Running Credit Checks, Criminal Checks and Having A Network Of Successful Landlords On “Your Team”!
Ontario Landlords Share Their Experiences. Read And Learn To Make Your Investment A Success
We asked landlords across Ontario to write in to us and share their experiences being small business landlords. We would then share these experiences with other landlords and investors.
The purpose is to provide a venue for people to let others know what they are going through and share the types of challenges and opportunities they are experiencing.
This would not only allow people to make their voice heard, but to also improve landlord knowledge and help our entire community learn the challenges out there and how to protect ourselves and succeed.
The response has been overwhelming.
Not only have we received thousands of stories, but the anger and frustration of just about every submission stands out. The reality is the current rules aren’t fair for Ontario landlords.
Email after email had a similar theme: “There is no balance”. “Everything is on the tenants side”. “We Need Changes”.
If you find a nice reasonable tenant who respects you and your property you will be fine. And there are lots of these tenants out there and you need to find them..
This is why the Ontario Landlords Association teaches the importance of being a professional landlord, with a great property, at a competitive price. This is what great tenants are looking for. They are also looking for a landlord who experienced and knowledgeable and knows their rights and responsibilities.
However, if a tenant wants to “use the system” they can go for months on end not paying rent, make huge damages to your property (often with no repercussions), or make your life a living Hell.
Here are just some of the thousands submissions from hard-working, decent people who became landlords. These are people who believed in the future of Ontario and put their hard-earned money to invest in rental properties and run a successful rental business. They invested with the plan of being a terrific landlord with an amazing rental property for a great tenant.
After all, most OLA members rented before. It could have been as a student, or new immigrant to Canada, or just saving for a down payment. OLA members want to be the “perfect landlord” we always wanted to rent from (and often couldn’t find).
Sadly many new landlords have faced huge challenges. So many things went wrong due to an unfair system that requires dramatic changes.
These are only some of their stories.
“It’s So Easy For Renters To Play The System!”
I am writing this letter seeking for help and fair treatment as a private landlord who purchased the property as my only home but can’t assume it after renting it to a professional tenant who clearly wants to live in my property for free and also blackmail me.
I purchased my condo in 2017 and rented it out to a tenant with a one-year lease because the purchase cost me every penny and I needed some cash flow to pay off the debt I borrowed to purchase this condo.
Starting in Spring, the tenant’s post-dated cheques consecutively bounced, yet the tenant refused to pay me the admin charge for each returned cheque from their bank.
A month later in, when I was conducting a regular inspection of the rental unit, I found the tenant damaged the property by inserting many nails into each wall in the kitchen, living room and bedroom, which is a clear breach of the lease agreement we signed. There are also stains on the wall. The tenant denied they made any of the changes and refused to either fix the damages or pay me the cost to fix.
What’s worst is, the tenant and her representative insulted, coerced, intimidated and threatened me during the entire inspection. While I have evidence from witness – report and testimony- the tenant was still trying to lie about the fact and sued me for thousands of dollars for harassing them. Apparently this tenant is trying to live in my property for free in another way, as they threatened.
The tenant’s threat and continuous harassment to me greatly traumatized me and I don’t want to move back, not to mention now I can’t even get my property back.
Thanks to the ridiculous Residential Tenancies Act in Ontario, I need to pay the one-month rent as compensation even if I need my property back for my own use!! I am now forced to sell the property, which I bought as my only home, in order to kick them out.
When I applied for an eviction order in the summer, the hearing was first scheduled in early August, and then got rescheduled in November, which is even after the end of the lease, because the tenant suggested to the judge that they didn’t think there was enough time to finish the hearing that day and it actually got rescheduled in three months as they wished!!
Apparently this tenant knows how to abuse the system in their favor and they got it. I filed an application, ended up getting a hearing in 5 months.
I feel so powerless and helpless when dealing with a nasty tenant like this because the law is not to protect landlords at all.
I can’t image what I am facing in the hearing as currently every law and actions from the Landlord and Tenant Board are favoring the tenant and I can’t get a hearing happen as scheduled. Not to mention I need to pay, as a landlord, $175 to file an application while tenant only needs to pay $45 to do the same thing.
This system is so broken that I’d rather sell my property to not to be part of it. And I am sure that I am not the only landlord who’s trapped and hurt in this unfair system. Please help me, and do something to correct this system that only favors tenants and gives landlord little choice.
“Secretly Bring In Pets, Damages, Unpaid Hydro Bills and Junk Left Behind”
We own several rental houses near Toronto. Recently we are going after our tenant who left us piles of junk, broken cabinets and shower heads,hole in drywall,and unpaid hydro bills, thousands worth. Not to mention we didn’t want pets in our house and they brought in pets.
I know of another landlords personally, who experienced such.
It caused us endless sleepless nights, stress, nightmares!
“Ontario Landlord & Tenant Board Is A Joke!”
Recently I had to attend the LTB to get a judgement against a tenant who stopped paying rent.
It started with a reason (excuse) that he lost his job. He stated on the application that he was a plumber. Oddly, I have a few friends who own private plumbing companies. I asked them if they needed employees. They offered me the job to offer the tenant. Its hard to find plumbers.
I texted the offer to the tenant….. no answer. I emailed the offer….no answer. I phoned directly. He didn’t pick up the phone. I passed by the property to let him know. At this point he stated that he works for his grandfathers company unlicensed and this is the reason why he wouldn’t respond.
Whenever there was an issue with the property or appliance I would always be there within 24 hours. I’m a fully licensed mechanic and am very capable of doing any type of manual labour skillfully. Also this is my investment and treat it seriously!
At this point I asked him when he’d be able to make a payment. He said a couple weeks. Anyhow I as a caring individual gave him the benefit of the doubt.
After months with no rent I finally filed the proper documentation with the LTB. I offered him $1000 for first months rent elsewhere as this upper 3 bedroom unit was obviously to much for him to handle at over a thousands dollars + utilities.
The funny thing is I get along with the neighbours and started getting calls from them that strange people have been coming and going from the property. Shady types apparently. I got another call from another neighbour who stated he watched the tenant carry a brand new 60” top of the line 4k LED TV in a box (with help) into the upper unit. I had to see so I scheduled an inspection for 48 hours later.
I completed the inspection and sure enough therein was mounted on the wall while he was high playing video games. It doesn’t sound to me like he was making an effort to pay rent and realized at that moment I was taken for a ride.
At the LTB hearing the arbitrator heard overwhelming evidence of his lack of commitment with nothing thrown my way. The arbitrator asked any issues with the landlord or property. The tenant said no. The arbitrator asked why he hasn’t paid the rent. He stated he lost his job. The arbitrator asked all the right questions to ascertain his motives.
I left the LTB feeling confident I was going to get the eviction order in 11 days( the minimum). By this point I am now 4 months without rent and the arbitrator gave me 20 days before I could file the eviction order with the sheriff for eviction. But the sheriff is backed up so much with evictions at the moment that there is a 4 week waiting period. So now I’ve got to wait 20 days plus 4 weeks to finally get him evicted.
The absurd part of this whole story is the tenant was mad at me!
I gave him chance after chance I tried mediating by helping him monetarily to leave. He stated I treated him poorly by asking for NSF fees. I told if doesn’t want NSF fees he should try paying the rent instead of buying TVs to replace working a working one.
He tried demonizing me to make himself fell better that he was ripping off a bad guy. That didn’t fly with the mountain of evidence stacked against him. He wanted the money but didn’t want to sign an IOU contract. This is the condensed version of the joke I call being a landlord.
I have no doubt that he will destroy the unit when he does finally leave. I have one word of advice BODYCAM like the police wear and use it with all tenant interactions. You can prove your innocence without problem if they start claiming harassment as mine did.
Asking for rent money is not harassment!. Its a business transaction! All conversations should be recorded and or emailed. You never know how a tiny conversation can go sideways.
Lets face it people in that situation will do and say anything to prove themselves. At the end of the day I did everything right and the arbitrator STILL gave them extra time to stay for free. I would say the mandate for the LTB should be to find out what is going on between a particular landlord and tenant based on evidence. Make a clear judgement. There are difficult landlords also.
There is no need for a non paying tenant to stay an additional 6 weeks. Especially when they have absolutely no excuse. Pay or get out conversely when a landlord is found lacking the judgement should go towards the tenant. Fair is fair! Right now landlords are getting crushed by the LTB and professional tenants.
As it stands now I am selling my properties and getting into commercial properties.
Forget affordable housing. I shouldn’t have to be worried that a government will judge against me when I’ve done nothing wrong except be financially responsible for myself. If a tenant wants to smoke pot and play video games all day, that is his problem and should not be mine.
I strongly believe that the LTB should adopt commercial rules for residential units also. There are a lot of good tenants out there that are waiting for a good unit/landlord but these deadbeats are keeping the homes hostage.
“Scared to Rent Out My Properties And You Should Be Too!”
I am months away from being a senior. I have been self employed most of my life, and for many years my wife stayed home to raise our kids because I traveled. We have no pension.
We have only our savings and our house. Every time I tried the stock market I got burned so of course I have been on the sidelines watching the greatest bull market of all time – figures.
My wife and I just bought a house in northern Ontario as an investment and a future retirement home. This is part of my “pension”. We fear the stock market that can wipe out your savings but GIC’s offer next to nothing. We are in our 5th home so we thought real estate was something we understood. We thought we could rent it out to cover the mortgage payments and if we were lucky it would appreciate over time.
Then we started reading about the history of LTB rulings and how the new laws those GD Liberals passed essentially put us at the mercy of a Tenant and we almost passed out.
We are seriously considering selling the house and saying to heck with it. It does not appear to be worth it to be a landlord in Ontario any more.
If the Landlord does not have the ability to protect their investment from bad Tenants and the margin on the investment is slim why would someone want to be a Landlord?
Tenants think they have a right to do whatever they want and to not pay rent because they want to enjoy their life, pay for other stuff or save for their future?
Sure they do. Buy your own house or move into Ontario Housing. It is not the individual Landlord’s responsibility to support those who can’t or don’t want to buy their own home.
And we just closed the deal on the house! If I had known about this before we bought, we would not have and there would be one less rental unit available. There still might be.
Today we turned down a prospective renter because we were afraid that they might be one of those bad renters who would get in to our house and then not look after it or not pay their rent and then cry to the LTB or just vanish.
It was a 40ish year old person with a young child on UI and their partner who is 6 months into a job with a small time contractor that does small repairs.
If I could charge a significant damage deposit and be sure I could get them out if they got pets or smoked in the house or grow dope or didn’t keep the house clean or or or… then we might have given them a chance.
But we can’t so we didn’t.
So the LTB and the Liberals misguided legislation actually had the opposite effect. Someone who needs a house to rent and might have looked after it and paid the rent isn’t going to get the chance.
I would rather have the place sit empty than risk damage and legal fees and still get no income if they didn’t pay. If it is empty my costs are fixed and my risk is low.
“Renting Basement Can Become a Nightmare (& even stress out your dog!)”
I live in my home and rent my basement apartment. I have done so with little to no trouble for 5 years, until my latest tenant moved in this winter. They used up her last months rent when, over a dispute I had with the screaming at their children (who live here part time) they said they were going to move out.
At the end of that period they did not move out. After many apologies and promises to do better, I gave the another chance (fool that I am). They only paid part of her rent in June/July period, and now owes me the remainder plus July/August period, and August/September period is looming.
I served the with an N4, and was not surprised when they didn’t move out on the termination date. I have filed an application to evict with the LTB. The hearing is not until October.
After reading through information on your site, I’m terrified about the hearing process with LTB, and not at all hopeful that it will result in an actual eviction taking place.
Meanwhile, I have my tenant and their partner, whom they promptly moved in shortly after they took possession, and is not on the lease, plus their two children living here periodically (all four at times, in a basement bachelor apartment), basically for free.
While my hydro bills/water bills etc are much larger than then would be if the apartment was empty, and I am going in the red without the rental income coming in.
I don’t know what to do. I’m stressed out, my dog is stressed out (he literally sits in my lap shaking when they are yelling at the kids, banging doors/etc., or when the partner stomps up and down the stairs, banging the doors shut).
Tenant refuses to answer my inquiries as to when they are moving out. I’m at my wits end, and I just don’t know where to turn for help – or if there is any help to be found.
Am I just stuck with this nightmare tenant and their family living in my basement for free? It’s just so unfair.
I can’t afford a lawyer to help me with the hearing, and I’m literally scared out of my wits after reading the information on your site. Is there any assistance out for inexperienced landlords like myself who have never had to deal with this before? I get the feeling this might not be their first go round, and that she is quite versed on how she can milk the system.
“Newcomer To Canada Invests And Gets Burned”
The goal of government is to increase affordable housing and rentals provide that option. Landlords must be able to manage risk, provide safe homes and be able to earn some profit in return for managing the property and investing their capital in homes for rent.
Therefore, landlords must have the ability to disallow some behaviours on their properties.
This includes behaviour such as smoking, including all types of smoking: cigarettes, cigars, pipes, weed and vaping.
Further, growing marijuana requires conditions that are not akin to a safe environment as light and temperature may need to be manipulated. Grow ops have ruined entire houses in the past. Landlords must be able to prohibit marijuana growing in their properties.
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 firstname.lastname@example.org
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:
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.
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.
-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
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.
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.
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.
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.
-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
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!