Saturday, February 2, 2008

Let's Start Blogging

Welcome to the Blog section of Landlord's Solutions web. There really are no Blog Spots in Toronto that I know of where landlords and landlord's legal agents can share notes, discuss decisions and comment on their experience at the Ontario Landlord and Tenant Board. This site will allow people, within reason and within the bounds of good taste, to provide constructive information for others that might make their Board experience more fruitful.

My own experience at the Board started in 2001 when I was a Board (then Tribunal) Member, but for the last 3 years I've been presenting in front of the Board as an agent, acting almost exclusively for landlords. Many ask me if I find it strange being on the other side of the bench, or which I prefer. I prefer this new life, as I'm an entrepreneurial sort, not well suited for government work. And I enjoy most days, bothered generally by questionable adjudication at times by Members who tend to have a tenant-centred slant and too broadly provide relief from eviction.

Out of the 45 or so Members, I'd say that there are only about 9 that I've run into who on a regular basis depart from the norm and arguably act outside their jurisdiction. I't s a problem, and I'd like to encourage others to speak out when they become the victim. I look forward to sharing my thoughts with you, and hearing of yours.

15 comments:

Anonymous said...

Dear Mr. Fine:

It is with great pleasure that I welcome you to the Law Society of Upper Canada. The LSUC needs more upstanding advocates like you!
Having spent many years as a tenant, I personally disagree with the notion that landlords are the disadvantaged parties in a lease; however, I applaud your efforts to achieve a measure of fairness for those embroiled in legal disputes regarding tenancy matters. It is important to have advocates who are knowledgeable about the landlord-tenant process which stymied me (even as a lawyer) on several occasions.

Have a great day,

Tripta Chandler :-)

Anonymous said...

Hello. It is disconcerting to think that any decision making board regarding disputes would have any kind of a bias! My husband and I just bought a house in Ontario- to be our retirement home in a few years- it is currently with a property manager and rented. The tenant has proven to be a nightmare! She has routinely shouted and yelled at workers, cost us money by claiming such things as 'dangerous wiring to a light fixture' ( an electrician was sent over to find there was no such thing- a similar venture with a plumber- and many strange and disconcerting things)I have been looking at the Tenant/Landloard Act for Ontario with an eye to getting rid of her when her lease is up. This is our home- not a money making venture- I am dismayed to see how difficult it is to get rid of a tenant even when their lease is up. Her latest thing is she believes her water bill is 'too high' and wants 'compensation'??? Good Lord- currently she has not paid her rent, so I asked our property manager to be sure and follow correct procedures as this may be the way to get rid of her. She scares me- and this is our home!- I can't stress that enough. 'Favoring the tenant' in a dispute is ridiculous. That makes assumptions that are unacceptable. Even the old name of The Tenant Protection Act/Board was assuming an unacceptable bias. How do you protect yourself and your property from unscrupulous and intimidating tenants? It's our home- finding out that I can't just tell her that we want her to go at the end of her lease is unbelievable!

Anonymous said...

I am a landord and I find the new maintance absurd . Landords are ambushed when they take a tenant to court for rent arrears and get complaints from tenants for maintance .
I have a tenant and this has happened to me twice .. The tenant claimed maintance issues but blocked me from entering the unit for repairs. The judicator sided with the tenats both times . I felt invisible to the judicator . The judicator let the tenatnts speak out of tern but cut me short when i tried . Two tenants claimed to have paid rent and acussed me of not giving receipts. The judicator beleived them.

In short I am looking for a way to organized landlords to change the new regulations. I know of more than three landords who sold their rental properties because of ruling from the Tribunal.
I am selling soon too . Curently I am leaving properties unrented . The tenants damage the properties too much . The tribunal doesnt support the landords and why should I risk my assets without support.

Who keeps track of how many landords are selling their rental properties.

How do we organize . I would like a letter writing camplain

Deanna said...

I am serious about a letter writing campain . As Landords we are taking a risk and putting our assets out there. We need to organize and have a voice.

The poverty groups are organized and we arent the way we need to be. Alot of us arent making the big money the Tribunal .


I want to start a petion to change some of the new regulations around maintance. And evictions and the amount of finacial awards being granted to landords and the lack of awards being granted to Landords.
If someone whould start on the letter part of the petion I would start passing on the petions.

Thsi site needs to get more attention I found it hard to find anything about complaints from landords on the internet.

Anonymous said...

I too have been a victim of the biased Landlord Tenant process. At a recent hearing, the adjuticator asked the tenant "have you paid your rent?" Tenant answered "yes, in cash" "where is your receipt?""Oh, I lost it". With that the adjuticator says to me the landlord "insufficient evidence" duh, you can't have a receipt if it was never issued. In the same breath as I was claiming for damages and had photos on my computer to show it, the adjuticator dismissed my claim for damage for "lack of evidence". No receipt by tenant=lack of evidence in favour of tenant. No photos by landlord=lack of evidence in favour of tenant. Go figure!!

Anonymous said...

Great blog. Another problem now, regions trying to (ab)use the Municipal Act.

Some of our units have legal basement apartments, and the upstairs tenant is responsible (as per lease) for the utilities for the entire house (including water). The rent of course is much lower due to that.

The the Region where some of our properties are located has arbitrarily decided that any houses they discover that has 2 units, the water bill is in the landlord's name. Our tenant owes us 3 months rent, and called the Region, who informed him "Well you're the tenant, you dont have to pay anything, its the Landlord's responsibility, they have to provide you with water"

When somebody with our company called, the region started saying "Well why should he pay for the basement? what if its too high?" and so on... then said "Well if he didnt get the bill how can he pay?" (we've told them 3 times to send the bill to the TENANT and each time they said "sure" and continue to fail to do so). The region rep then said "Well you can go after him in court still"

This is the SAME person that told the tenant "You dont have to pay"

Of course the RTA (I guess 'residential tenancies act' sounded less biased than 'tenant protection act') doesnt allow for evictions based on Utility arrears, so wahts to stop a deadbeat from running up a $600/mo water bill, and then going after the landlord at the LTB for the water being disconnected?

Has this happened to anybody else? I am looking into options such as addign the Region as a defendant on any small claims matters involving water arrears.

Anonymous said...

Wow I can't believe I actually found this blog, I am a fairly "new" landlord (just over a year now) and I have already been through so much c*ap that its taken a toll on my mental health.
I have had deadbeat, drug dealing, drug growing, threat uttering, and much more to the point where I actually feared for my life at one point. I had to sleep in my rental with a crowbar under my pillow in fear of my tenants when they were moving out. Not mentioning being fired from my job because I had to leave work in order to attend to some thought up "emergencies". I agree that us landlords need to unite and form some sort of organization/support group where we can share and learn from eachothers experiences and have access to adequate legal assistance. In response to the hydro issue brought up by one of you, I had my tenants intentionally run the water hose for a week full blast... and never recovered a penny...

Anonymous said...

I am a new landlord of one house which I and my wife bought as a retirement home for future. The first tenant was nice but due to her personal circumstances, opted to get out of the lease, which we accepted because we understand her circumstances. The second one is a “professional tenant”, who, after paying 2 months rent (first and last month only), wants to live for free for the next 2 months, claiming a full refund of rents she paid and compensation for so called ‘substantial interference with reasonable enjoyment of the rental unit due to noise coming from other tenant’. Interestingly, she is demanding compensation for the so called noise problem and at the same time; don’t want to leave the apartment. I did some research and found her previous landlord who experienced the same hard time, the same ‘interference due to noise’ claim. That landlord is very nice and gave me his permission to put up his horrible experience as money extortion tactics the tenant is habitual to, in front of the Board member. Board member asked the tenant to leave the apartment. Now she is going to appeal against the decision and continue to live for free.

If this will continue, I will have no other option but to sell it off. Can’t we have registry of such professional tenants? Can’t we organize and raise our voice.

Anonymous said...

This site is really needed . I am glad it getting more respnses.

I have now starting complaining to the Obondman Office . They are very resceptive to complainst from landords and are looking into a copmplaint I made about a Judicature not granting me a adjourment and a appeal.

I urge other to complain to the Obundsman Office . They told me they are getting alot of compliants from landords. I was so impressed that they did listen and they were taking notice of our complaints.

Also complain to Ministry of Housing. We have to advacate for ourselves and you know what we are begining to be listened to.

Anonymous said...

I just found this web site and
it has the potential to be a voice for landlords

The Tenant Board sides too often with the tenant . Landlords win when their case is a no brainer . Like tenants owing money for two or three months rent and damaged property. When the landlord wins its because we have realy proven our case.

I agree Landlords need to have a webste dedicated to their issues.

I would like to see several resourses to complain to listed on this site with links. To the Ministry of Housing and Special Investigations and The Landord and Tenant Board and Ombudmans Office.

This would make this site a powerful voice to landlords. It also could be potentaily finacially viable as it would generate income from ads as it atracts more landlords .

Bryan said...

I have searched the internet aswell for landlord assistance and to my dismay there isn't much out there. I have a situation with a tenant who wants out of their 5 year commercial lease and they have only completed the first year of term just this month. We landlords need some forums where we can help eachother out in these type of situations. Help please:(

Anonymous said...

I am glad to find this blog but what good it is? is the voice being heard by some law maker? I have written to local MPA and Mayor too but no one wants to help landlords. I have gone to small claim court, wasting my time and money on endless applications at the same time knowing that they will not be able to recover my 3 months rent and the cost of damages from the tenant. They will only issue decisions which you have to take and try to deliver by yourself taking time off from work. I just found out that landlord tenant board has rejected my application of eviction because I wanted to charge &25 extra for the non payment of 3 months rent. Sure enough I will pay fine for not paying mortgage or the taxes but being an individual who can't pay millions to lobby for law makers, I can't ask for the same right. Canada is a heaven for criminals but a hell for those you wish to live under laws and pay their taxes honestly. Now that my eviction application is rejected, i will repeat the process from N4 again while the criminal tenant enjoy another month of free housing or two

Anonymous said...

I am a landland lord of 15 years. This was my first real year of hell. I had tenants in my home that I would call professional. They know the routine of manipulation and intimidation. I have come to realize that they have done this to many other landlords. I talked with law enforement and I cannot publish their names as I could be charged under the criminal code for defamation of character. I lost greater than $6000 with 5 months and legal fees. I had assistance from no agencies. The police do not want to get involved but the Landlord and Tribune is a useless agency. The adudicator listens to the bogas complaints such as they had a death in the family, mother committed suicide, the bank was too far away, etc...Why as taxpayers do we pay these useless government agencies! The Ministy of Housing Law Enforcement was another useless agency that did not help in my matter when the tenants changed the locks on the door. I need to write a book on the events that happened! The book could be how to help landlords or for tenants how to move in and never pay rent!

fedup said...

Landlord and Tenant Board is a useless agency. I completed the paperwork to a T and still ended up with a large loss. I have learned that it is ok to steal from landlords and get away with it! I even had an agent from their office hang up on my face. Nice government agency!

RM said...

Somehow Landlords need to get together and put the heat on lawmakers to restore the laws to protect themselves from the abuses that are being perpetrated on them by the Landlord Tenant laws and an ENABLED tenant with bad intentions. There needs to be a "Fast track" system in place to deal with most of these situations. Actually most of these situations should never happen and wouldn't if the laws were better.

If current landlords really new how vulnerable they really are they would never rent to anyone. If you stay in it long enough it will take a chunk out of you worse than you can imagine.

This is my second eviction process in 11 months and hopefully my last. I have one small Granny Suite that I rent and that is all. I don't want to comment on my current eviction until it is over and I will then comment then.