Archive for the ‘Featured’ Category

Tenants halt the swing of the wrecking ball

Sunday, July 24th, 2011

July 2011

Property owners wanted to develop land to take advantage of new economic opportunities.  The problem is existing buildings were full of leased tenants says a recent Globe and Mail story.  This can create problems says John Crombie, a national retail director with real estate brokerage Cushman & Wakefield Inc.

“The terms and conditions of a lease are binding on the owner of the property,” he sayss. “If a lease has been executed and a tenancy has, say, 10 more years without any termination issues, then it’s a fight. If the tenant doesn’t want to move, and refuses to play ball, the landlord can really be in a pickle.”

Read more Tenants halt the wrecking ball’s swing

Discuss this at the Landlord Advice forums

 

Infrared technology can help B.C. landlords spot grow-ops

Sunday, July 24th, 2011

July 2011

VANCOUVER — Law-breaking tenants beware: B.C. landlords now have access to infrared technology to keep an eye on you.

A Chilliwack, B.C.-based security firm is offering monthly surveillance of properties using a FLIR infrared camera. The technology can detect excess heat from homes — a key signature of a grow-operation.

“Out in the (Fraser) Valley especially, the landlords are having a heck of a time with grow-ops,” said Brian Goldstone, a retired RCMP officer who is now the CEO of Griffin Investigation and Security Services Inc. “Grow-ops destroy the house, causing black mould, and the insurance won’t cover them.”

FLIR cameras, like their car-mounted $14,000 Owl Vision model, “take a thermal image of the property and from that, we can tell whether or not there is an anomaly, which could be a grow-op,” he said. “Because of the amount of lamps they are using, the house is hotter than the norm.”

After spotting such an anomaly, a landlord would then have cause to do a home inspection.

Goldstone said that Griffin’s FLIR unit is similar to that used on police helicopters, but much smaller, so it can’t see through windows, giving it the advantage of maintaining some of the tenant’s privacy.

“It gives us the heat signature of a house, but it can’t show you people walking around in the house. That’s very important. We don’t want to get into privacy issues.”

Increasingly, Lower Mainland municipalities are holding landlords responsible for cleanup costs incurred during grow-op busts in their properties.

Chilliwack’s Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw, for example, has collected hundreds of thousands of dollars in fines and fees. Under the bylaw, landlords must inspect their properties for illegal activities every three months.

“Because of the ways cities are going after them now, landlords have to show they’ve done due diligence,” Goldstone said. “This is a quick and easy way to do it.”

Goldstone said the service also acts as a preventive measure: If tenants are aware a landlord is doing infrared scans, they are less likely to set up shop.

“It really is a deterrent,” Goldstone said.

Last year, RCMP report there were 32 grow-ops dismantled in Chilliwack, with 20 trafficking charges, 11 arrests for hydro theft and 22 arrests for production.

“There are a lot more tips coming in from the public than we’ve had in the past. I think the awareness has grown,” said Const. Tracy Wolbeck of the RCMP’s Upper Fraser Valley Regional Detachment.

In April, Chilliwack RCMP made their second-largest grow-op bust ever, seizing 5,000 plants at a residence. In May, a residence was busted and seven people arrested. That residence was rented out and had been busted for a previous grow-op on site in 2004.

Hoarders? What can a landlord do?

Tuesday, July 19th, 2011

“Our hands are really tied under the Residential Tenancies Act.”

 July 2011

Like a lot of residential property investors in Ontario are doing these days, the Toronto Star asked:  The threat from hoarders is real, but do property managers have the power they need to get access to apartments and protect their tenants? 

According to the Ontario Residential Tenancies Act landlords must seek the permission of their tenants to enter their rental units. Gaining access is often difficult. However, following the terrible fire at 200 Wellesley St. E. last September, the fire marshal’s office is now asking landlords to be vigilant about reducing risk to other tenants from the problems caused by hoarding, and to notify local fire departments if they see instances that are of concern.

What can landlords do?  Two members of the Ontario Landlords Association Andrew Ganguly and April Stewart of Landlord Legal were interviewed to help provide advice and guidance.

Ganguly explained “The problem we have is that our hands are really tied under the Residential Tenancies Act.”

“If I serve the required 24-hour notice to inspect a unit and the tenant refuses entry I’m stuck — the tenant doesn’t have to let me in. It causes a lot of anxiety because you want to keep an eye on it because you know you will be the one to be blamed but you can’t do anything about it.”

Stewart gave background information on Section 15 of the Fire Protection and Prevention Act, 1997 which allows a fire official to enter a premises “without a warrant or other authorization for the purpose of removing or reducing the threat.”

In one of Stewart’s cases, the tenant had piled up so much debris gathered outside and inside the house  the fire department issued such as order.

Stewart explained the landlord had not managed to get the Landlord and Tenant Board to issue an eviction notice. While the fire department is now asking the landlord to get rid of all the debris left by the tenant, the landlord knows that under the law he can’t do so as the tenant was not legally evicted.

Stewart said “Now the landlord is in a bad position, left in limbo with the status of the tenant because the landlord tried previously to get rid of the tenant but didn’t win the eviction case.”

Read more at the Toronto Star.

Discuss the article in the Ontario Landlord Forums.

 

When kindness doesn’t pay (Part 1)

Sunday, June 26th, 2011

Why Landlords Must Protect Themselves From Their Own Good Intentions

By Jane Schweitzer June 2011

My tenants gave notice to move and I began showing the property to prospective new tenants.  One family came and were immediately interested.  Nancy, Teddy and their young daughter seemed very nice.  I was happy when she told me the “loved the place” as soon as they walked in.  I had the place looking good and it felt nice when they commented how beautiful it was. Nancy told me “You should have seen some of the places we looked at – they were awful!”  They said they wanted the place. (more…)

I have been a victim of the Resident Tenancy Act

Tuesday, June 21st, 2011

An open letter to the Ministry of Housing

 

I have been a victim of the Residential Tenancies Act and find the entire legal situation unjust, petty and completely in favour of the tenant. The laws should have some balance, but it is quite laughable here. It’s not just my opinion either. I talk with various people and surprisingly those that have asked a lawyer whether they should invest in a rental property, the lawyer tells them bluntly don’t do it the laws are completely against you.
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MPP issues bill to address rent control exemption

Friday, June 17th, 2011

The Ontario Landlord Association calls it “irresponsible”

After receiving a complaint from a constituent about a steep rent hike, Norm Sterling introduced a Bill late last month to address a little known part of the Residential Tenancies Act that prevents rent control on properties constructed after 1991. (more…)

Renting to Students

Monday, May 16th, 2011

What are the Pros and Cons of this Tenant Market?

Is your rental property near a university or college? If it is in walking distance, even better — you will have students lining up to fill your units. As tenants, students may be an ideal choice for you. As with everything, there are pros and cons.  Read on to find out whether this is a niche market that suits you.

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