Posts Tagged ‘tenants from hell’

2011: SUPPORT BILL 145, Residential Tenancies Amendment Act (Damage Deposits), 2010 by PC Housing Critic Joyce Savoline

Sunday, May 31st, 2020

Joy Savoline and the Ontario Progressive Conservatives under leader Tim Hudak  are calling for legal damage deposits in Ontario in 2011!!  Make your voice heard!!  Support Bill 145!!


BILL 145

EXPLANATORY NOTE
The Bill enacts new Part VI.1 of the Residential Tenancies Act, 2006, which provides rules relating to damage deposits. Here are some highlights of those rules:

1. The purpose of a damage deposit is to compensate landlords for the cost of repair or replacement of property that was wilfully or negligently damaged by a tenant or other specified persons. The damage deposit may not be used to compensate a landlord for ordinary wear and tear. (see subsections 104.1 (1) and (2) of the Act)

2. A landlord may require a tenant to pay a damage deposit that is not more than 25 per cent of one month’s rent. The landlord and tenant must agree in writing as to the condition of the rental unit on the day the tenancy begins. (see subsections 104.1 (3), (4) and (5) of the Act)

3. Interest must be paid to the tenant annually on a damage deposit at the same rate as the rent increase guideline in effect at the time the interest is due. (see subsection 104.1 (9) of the Act)

4. A landlord is required to repay a damage deposit, including interest, no later than 15 days after a tenancy ends. The landlord is permitted to retain any portion of the deposit that reflects the cost of damage referred to in subsection 104.1 (1) of the Act. (see section 104.4 of the Act)

5. A tenant may apply to the Landlord and Tenant Board for an order requiring the landlord to repay any portion of the damage deposit that the landlord was not entitled to retain. The landlord bears the onus of proving that he, she or it was entitled to retain the portion of the damage deposit. (see section 104.5 of the Act)
The Act is amended to provide that it is an offence for a landlord to not repay the damage deposit in accordance with section 104.4 or for a landlord to not provide a receipt for a deposit to a tenant or former tenant. (see section 234 of the Act)
Subsection 241 (1) of the Act is amended to provide that the Lieutenant Governor in Council may prescribe,
(a) what constitutes ordinary wear and tear for the purposes of subsection 104.1 (2); and
(b) the information a landlord must file with the Board in respect of an application under section 104.5.
Consequential amendments are made to various provisions of the Act.

Send your support to Joyce Savoline:

Joyce Savoline, MPP (Burlington) http://www.joycesavolinempp.ca/

Sned your support of this Bill to your local MPP.  Find their email address HERE!

A Warning For All Landlords in Ontario

Saturday, May 5th, 2012

May 5th, 2012

Tenant Nina Willis, 48, faces two fraud and two forgery charges in relation to her tenancy at a Toronto landlord’s house.

The Story about the latest “Tenant From Hell” begins

It seem like the beginning of a mystery novel.  Unfortunately it isn’t fiction.  It isn’t a novel.  And it isn’t a mystery.

“Nina Willis seemed like the ideal tenant” says the Toronto Star investigation.

The investigation goes on.

“She was well-spoken and tidy, posing as an employee for a cellphone company with offices in Toronto and Montreal. She came with glowing references.”

Here comes the surprise.

“What landlord Darius Vakili, 63, didn’t know was that the 48-year-old Willis was a tenant from hell, with a track record of bounced cheques and eviction notices.”

The Story Continues, Implicating the System Landlords Face in Ontario

“A Star investigation reveals that the rules governing the provincial Landlord and Tenant Board have allowed people like Willis to flourish. Privacy legislation means her dodgy past as a tenant is kept secret from prospective landlords.”

Thank you Toronto Star

The Ontario Landlords Association would like to thank the Toronto Star for their story on the latest “Tenant From Hell.”

We are an association of small private residential landlords, and while many of us have faced terrible tenant problems due to an unfair Residential Tenancy Act and an unfair Landlord and Tenant Board, facing tenants such as the one in the Toronto Star article is a wake-up call for all of us.

The OLA Speaks Up for Landlords

This story is especially important for the OLA because one of the landlords in the article is a new reader of the OLA.

Furthermore, when we first heard about what was going on, OLA editors worked hard to get the story in the news and get the ball rolling for justice.

The OLA began the push to get her story into the media, resulting in a Toronto Star story on October 18th, 2011.  The Star story was headlined

“A bad tenant cost me $28,000 over 9 months!” and can be found here.

So What Can We Learn From This?

There are lessons we can learn from the Toronto Star story about Nina Willis.  Lessons that landlords can learn, unfiltered by lawyers or paralegals or others who make money representing landlords in need.  If there is no “need” there is no money paid.  Paying out huge legal fees means only more losses for landlords already suffering.

Lesson #1:  The Residential Tenancies Act and the Landlord and Tenant Board Need To Change

We call on the government to have summit of stake holders to re-examine the RTA and take a close look at how the Landlord and Tenant Board  operates and how we must change the RTA and reform the LTB.

Lesson #2: If You are a Landlord In Ontario You Must Be Professional in How you Do Business

Landlords young and old, wherever you are, we advise you to do proper screening to avoid ‘pro tenants’.  The OLA offers a low-cost path to incredible screening tools.

If the landlords in the Toronto Star article were OLA members, and did a credit check costing only $10…they would have avoided their “Tenant From Hell” and the emotional and financial nightmares associated with having such a tenant.

 

Ontario Landlord Advice: Tenant Screening

Tuesday, September 20th, 2011

Don’t be blinded by a beautiful face

September 20, 2011

 

We hear these types of stories all the time.  The landlord sets up a meeting with a tenant applicant.  The applicant seems extremely nice, very polite, a great person.  Well dressed, a nice car, and a winning smile!  He or she presents you with some references that are out of this world!  You think about it again.  This person seems responsible and financially stable.  You trust your instincts, get first and last, and hand over the key.  You might even go out for dinner and celebrate finding a great tenant for your amazing property.

Then it starts.  The start of the month comes and they are late paying.  “Ah, it’s just a one time thing” you think.

A couple of weeks later neighbors start complaining about the noise levels, the people coming in and out at all hours, and the garbage piling up.  You think “what’s going on?”  You start to wonder what happened to that polite, responsible person who you trusted to stay in your rental property.

You hope for the best.  Except things keep getting worse.   You see your property getting damaged.  You hear your neighbor’s complaints.  You feel yourself losing control over your property.  On top of it all, they aren’t paying any rent!

Canadian Apartment magazine has a must read article on how to make sure this doesn’t happen to you.  We would like to emphasize the importance of credit checks.  We offer two of the best credit check services in Canada at highly discounted rates for members.

Read the original article here

Discuss this in our landlord advice forums here

Tenants from Hell and the Ontario Ombudsman

Wednesday, March 9th, 2011

In the summer of 2009 my husband and I had to endure a real life nightmare in dealing with a “tenant from hell.” At the time we were going through it, I was on a maternity leave with my infant son, so fortunately for me I was able to make many phone calls while we were dealing with the situation.

I believe the call I made to the Ombudsman’s office helped us in that the LTB was fully aware I had (more…)

I think my tenant is committing OW / ODSP fraud – Who do I call?

Thursday, February 10th, 2011

Who Do I call if I think my tenant is committing Welfare Fraud?

The Welfare Fraud Hot Line number is available for the public to report suspected cases of Ontario Works or Ontario Disability Support Program fraud.

Callers can remain anonymous.

Callers will be asked for the name and address and, if possible, the phone number of the person who may be cheating. Suspected cases may be reported by telephoning 1.800.394.7867