It’s such a pleasure guest blogging for Chris. I’m grateful for this opportunity to provide his readers with some real value. For my first post, I wanted to give you a taste on what it’s like managing properties in Ontario.
The Landlord Tenant Board is a regulation nightmare for Ontario real estate investors. One wrong move could prevent you from evicting a problem tenant in a timely matter, which means to you extra costs and more stress.
Believe me, there are few things more terrible for investors to deal with than problem tenants. This is why specialty companies such as Landlord Legal exist (their sole purpose is to evict problem tenants for landlords). Landlord Legal’s founder, April “the Terminator” Stewart, and I came up with 4 ways the odds are stacked against you from the get go.
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Tenants |
Landlords |
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| Disclosure | Names and addresses of any landlord who has made a filing with the Landlord Tenant Board is available for a fee | Landlords don’t have access to any eviction records |
| Legal Representation | Any tenant, regardless of their income, is automatically qualified for free legal advice and representation at the landlord tenant board. | Landlords are expected to “know” what is required of them, how to prepare legal documents, how to represent themselves, or retain paid representation |
| Security | Don’t have to pay security deposits to cover any damage if they destroy the place. | Cannot deduct damage from tenants last months rent (their only form of security). Real estate investors have to add the amount spent on repairs ONLY to the rent at the final month of tenancy. |
| Fees | Tenants wishing to bring their landlord to the landlord tenant board only pay a maximum of $45 (sometimes no fee at all) | A landlord wishing to bring a matter before the Landlord and Tenant Board must pay a $150.00 filing fee. |
When managing property in Ontario, be extra careful: take that extra step in doing your background checks, take care of your tenants, keep meticulous records and be prepared to go the board at some point in your career.
Brian Persaud from Real Experts Inc has been a REIN member since 2005 and currently owns property across Ontario, Alberta and Florida.
22 comments
Richard
I am sure we have all been burned once or twice.
tenancybureau.ca website is the solution.
Please begin to use this database to register bad tenants so we all do not rent to them and have this information available for all of us to use to ensure our investments are protected.
And these deadbeats don’t jump from being one landlords problem to another’s, and hopefully end up in the rain as a result of their poor decision making.
harv
have read the other comments. ive been renting,apt’s, for over 25 years now and had 1 that took the cake! got an order, usuall errors,tenant was granted a stay.at this hearing the member laid out the terms including a 3k payment that day.paid aug. rent then failed to pay as per the terms.i filed a L4 on the 16th which jogged the members memory, no order as of the 16th, who then proceeded to write an order cancelling my application on the 20th. at my review hearing it was straitened out quickly, maybe the attourney general helped speed things up! im not sure. a tenancy bureau would be a great idea for both sides.
Jonathan
I have 3 rental properties and have taken a renter to court and won i guess i got luckey. Right now i can’t get a renter out of the house they get money from the government and tell me they dont have any money for food when you can tell that they do DRUGS and alot of them even the neighbour tells me that they do hard drugs all the time they also have 3 young kids in the house and this is what are tax money goes to so 2 adults can sit at home and do drugs and not pay rent while there kids watch and probably 2 out of the 3 will follow in there footsteps LOL. I have given up and i am just filing paper work, they also left 3000 pounds of garbage in front of the house and i almost got a $ 25 000 fine from the city. I removed it. The court system is a joke nobody wants to help at all so i have to take matters into my own hands. I took all the garbage and put it behind his car so he could not get out, with out moveing it i also took all doors off of the back fence and put it under the garbage so he cant let his dogs out of the house ( he will take his time put the door back up and i will take it off agian ) i will remove all windows as i am going to change them all and take my time also you can go in to the house everyday as long as you are showing the house to a potential renter or buyer ( the judge will propbably not like this) If you are scared of the law you will loose the only way to win is to sink as low as them ( I might have to take a charge or 2 but forget the system its a joke they will probably just slap me on the wrist ) if you have any more tricks let me know thanks
Sandra
We have a tenant nightmare. We let a tenant to rental possession of dwelling on Nov 1,2011. We did reference checks and things seemed to pan out. He has a young family, with child under 5yrs. In nine days the police raided the place as tenant was under surveillance for drug trafficking, possession, and production. We also come to find out that there may have been firearms on the premises. We also have other existing tenants traumatized from the event. Now this guy wants his last month rent, after all the substative damage he caused. We also come to find out that he was subletting at least 2 more rooms in the dwelling. We had checked the place regularly to see that everything was ok and it was. Now so many things destroyed and we have to pay for the repairs. We’re also scared that this seemingly nice person will retaliate as we will not give the security deposit back. The cost of damage will be 3X as much! We served a form N6. We will be filing a claim to evict as this guy says he will move out, then changes the dates. This is a nightmare. Any suggestions? To note: we have called for police protection to oversee the move and we are told to only call if anything happens. By that time we may be dead!
Misty
I complained about a tenant in the building I am in.. They knew it was I who complained .. Now they are making false accusations about me … What can my landlord do about that? also the noise is still going on..
Ashley
There are by-laws against noise/disturbances, so your landlord, or you yourself can call the police to drop by, and the officer will ticket the noisy neighbour, if they are breaking the law.
If your neighbour is falsely accusing you about something, you should be able to clear it up easily with your landlord directly.
Brian
Hank, sorry for your problems.
You could have called the many powerful tenant activist groups and received free legal advice to deal with your situations. A landlord facing a similar situation is on his own.
Both sides could have crappy people…just one side the system makes it easier to continue to be crappy.
Hank
A biased opinion is not worth the paper it is written on. There are as many problematic landlords in Ontario. Many of them have no idea what their responsibilities and obligations are to their tenants. Most landlords have not accessed, researched and made themselves aware of the LTB material not only available; but required of the landlord to be knowledgeable and versed in to deal with their tenants properly. I’ve rented [3] times in Sudbury, ON and the illegalities under the LTB Act that the landlords have permitted themselves and other tenants to do is unconscionable. I have found all [3] landlords quite capable of lying, cheating, being indifferent to their responsiblities and obligations, quite accepting/permitting/supportive of illegal activities in their buildings. All [3] landlords have regularly and consistently used methods of harassment and support the efforts of their other tenants in concert with themselves to “poison the environment”
Chris
Hank, I think a lot of the problem with the lack of understanding on both sides is that the legislation in Ontario is excessively burdensome and very biased in favour of tenants, at the expense of legitimate landlords.
Bill
While there are definitely bad landlords out there, many of the landlord tenancy laws tend to work in favor of the tenant, especially in Ontario. If there are bad landlords out there (and we all know there are), they need to be pointed out and they need to get their actions corrected as it makes it harder for all the good landlords.
Bill
Laura
We had good tenants for years. Were happy enough with them and have kept in contact with some even. No problems.
This time around we had nightmare tenants. Property damage, rent always late and refusal to pay rent. Threats, bullying and I am so stressed out I feel ready to crack. These people are in my home, the place I live with my 75+ Mother. I feel trapped and police are no help. But, they came right away when she phoned in a false call saying we are refusing to let her leave. A joke when we would love for her to leave. She tried extortion, saying she would move if we paid her three months rent, that’s over $3000 these days. She wanted us to lie (fraud) to the government so she could get more money from ODSP. She refused to pay rent when we did not do so. She has told me she and her husband sell drugs, take drugs and he is a drunk coming back late at night and loudly arguing banging around until she lets him in. They argue all the time, loudly with a lot of swearing. It is awful living here with these people in what used to feel like home.
I never want to go through this again. I don’t care if people can’t find good places to rent, I’m not willing to take 100% of the risk to my life, my home and my family, to help with housing in Ontario. I don’t think my Mother and I will still be living in this house by the time this is over. This means my Mother will be in a retirement residence of some kind, losing her independence. How is that fair, or right?
bpersaud
Wow dead animals in the garage!?!?!
Thanks for the update April…with you on our side, no REIN member would ever go through what those folks went through
qmanrei
Read the article – watch the video – https://www.newsdurhamregion.com/article/123419
Terminator
I wish it wasn’t true, but it is a long road for private landlords who run into problem tenants. Just a quick note: the filing fee for landlords just went up to $170.00. The fee for a tenant to file an application was not raised!
We have embraced your cause and are here to help!
C. April Stewart, aka “The Terminator”
Landlord Legal
Barrie, ON
Concerned
Hello, I certainly hope your “add” here isn’t real since you are violating the professional code of conduct. I suggest you take it down. Will google. Suggest others report the add.
Chris
I’m not sure I understand your comment. I don’t have an issue with April’s (now very old) comment.
Laura
The fee is now $190 for landlords. Tenants don’t have to pay anything.
Chris
Thanks for the post Brian! I’ve heard lots of horror stories about the OLTB, but your chart gives us some context to show how difficult it really is.
Jerry Aulenbach
That is brutal! Why and how are these laws made? Is it because tenants have been making more noise over the years to the MLAs?
-Jerry