Posts Tagged ‘Landlord Legal’

B.C. Activists Want to Copy The Ontario Landlord and Tenant System

Wednesday, July 3rd, 2013

July 2nd, 2013

B.C. landlord and tenant rules Ontario 

Do B.C. Landlords and Tenants Really Want To Follow the Failed Ontario Landlord and Tenant System?

According to an article in the Vancouver Sun  a coalition of legal and tenant’s rights groups want to change the rules for landlords and tenants in British Columbia.

They want to put emphasis on the need to enhance the provincial laws protecting renters.

Because B.C. landlords have it so easy, right?

Not quite

Several groups recommend to make modifications to the B.C. Residential Tenancy Act that governs the renters and landlords relations.

It was pointed out that the B.C. law hasn’t been changed for years and the tenant’s protection has plunged after other provinces like Ontario.

Yes, Ontario.

Where small landlords are struggling to keep afloat and losing thousands of dollars is common.

Where landlords don’t have the tools to deal with serious problems.

Proposed changed to B.C.’s residential tenancy system are as follows:

1.      Putting Off Landlord Retaliation

Supposedly tenants have no defense against their landlord’s retaliation for exercising their rights, like getting their landlord to the Residential Tenancy Branch.

2.      The Right of First Refusal

When tenants are removed from their units for renovation, they should be permitted to return to their units at the previous rental rate. This is the case in other provinces like in Ontario.

3.      Increased Amount of Compensation

When the unit is under repair, the amount of compensation for eviction should be higher from the present one month’s rent to three months, just like in Ontario.

4.      Reinforce Rent Controls

The most permissible rental increase is base on the annual rate of inflation with additional 2%. According to the coalition, the permissible increase is either the inflation rate or a maximum of 2.5%, if the inflation rate is lesser.

5.      Increased Grace Period for Delayed Rent

The eviction notice for nonpayment can be cancelled if the tenants are able to pay their rent and utilities in 5 days. The coalition proposed giving tenants 10 days instead.

Fortunately the NDP lost the recent election. We are calling on the government to start focusing on helping small landlords succeed.

Successful small landlords means more high quality, affordable housing for good tenants. If this is the goal of our provincial government, Ontario is the last place to look for true solutions.

To discuss this and other B.C. landlord and tenant rules and issues go to the B.C. landlord forum

Tenant Activists Say “Stop Discrimination Against Pets!”

Wednesday, October 10th, 2012

October 9th, 2012

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BC Activists Want to Follow the Failed Ontario System

According to Sharon Isaak British Columbia landlords need to follow the same system Ontario landlords do when it comes to pets and rental units.

What’s the Issue?

Isaak says over half of all people in Vancouver are renters.  In fact, in some areas the numbers are up to 80%.

She wants to change the laws to make it easier for renters to have pets in their rental property.

Weren’t the Laws Already Changed?

In 2003, the Residential Tenancy Act was adjusted to help those with pets find a home.

Here’s what Isaak says: about the laws which, “were changed to allow landlords to ask for a pet deposit to encourage them to allow pets, but what we’ve seen over the years, there’s been no more changes to encourage landlords to allow pets and that needs to change.”

Why Are More Changed Needed?

Isaak says she’s seen several older tenants even forced to euthanize their pets in order to keep renting in their building.

What’s Her Proposed Solution?

However if you head out east, it’s illegal in Toronto to discriminate against a renter because they have a pet

Is that Working In Ontario?

No. The policy in Ontario has been a disaster.

Why?

In Ontario it’s legal for landlords to advertise “NO PETS” but it’s illegal to then enforce it!

Ontario Landlords Have to Put Up With These Rules?

Yes. Ontario landlords are often faced with neighboring tenants being allergic or not wanting dogs and cats in other rental units close to them. However, even though the new tenants claims “no pets” to the landlord, they bring them in after signing the lease.

That Isn’t What We Need In British Columbia

Exactly. The Ontario system for landlords and tenants is seriously broken.

What’s the Solution?

.

If there is an actual problem, following a system where Ontario landlords are taking to the social media Warning People Not To Become Landlords in Ontario will lead to fewer rental properties and less housing options for BC tenants.

Welcome Saskatchewan Landlords and Manitoba Landlords!

Sunday, July 8th, 2012

July 7th, 2012

It’s very important for small private residential landlords to have a voice.

With vacancy rates dropping in Canada and house prices rising, it’s easy for governments to target small landlords and view us as the ‘problem’ to be over-regulated and taxed instead of what we really are: the solution. And to be respected.

We are private entrepreneurs using our valuable time and risking our money to create a majority of the high quality, economical rental units on the market.

As providers of the majority of high quality economic rental units throughout Canada, it’s important we stand up for our landlord rights and interests.

The BC Landlords Association warmly welcomes the Saskatchewan Landlords Association and the Manitoba Landlords Association and thanks the hundreds of volunteers who have put their time and energy into these associations.

We also thank the Ontario Landlords Association for leading the way in getting honest and truthful help for small landlords instead of the usual sales tale and “I”m protecting you!” B.S. from “gurus”, legal representatives and property managers who don’t always tell the whole story.

We also welcome the Nova Scotia Landlords Association in the East.

Things are changing and small business landlords are understanding how important we are in our provincial economies and that by creating a unified voice we will not longer be silent.

If you could change 3 things about the current laws for Ontario Landlords…

Saturday, February 12th, 2011

The Ontario Landlords Association for small business landlords has received a request to create a list (with follow-up explanations) of what changes should be made to the Residential Tenancy Act and to the Landlord  Tenant Board.

Here’s a chance to get your views to those who make the decisions. Please keep it to 3 main points, and if you can add an explanation or personal experience regarding the matter, please do so.

Please post in the HELP FORUM and get YOUR VIEWS HEARD!!

Tuesday, January 11th, 2011

Home wreckers

By CHERYL BROWNE, SPECIAL TO THE EXAMINER

Her rental property damaged by her former tenants, owner Nancy Lowe is now trying to repair the damaged and receiving little help from authorities or her insurance. Nancy looks though one of the several broken windows left by her former tenants.

Nancy Lowe can only describe her house as a pigsty.

Walking into her rental property on Campbell Avenue the day after her tenants left, Lowe discovered damage to every room in the house.

“There’s stains everywhere, there’s holes in all the walls, it looks like they had anger management issues and punched holes in the walls and doors,” she said, shaking her head as she surveyed the damage.

Lowe bought the house in the Barrie’s central neighbourhood in June 2009 as a rental property.

She was impressed with the brand-new carpets, new hardwood floors and fresh paint job.

To keep her heating costs down, she put on a new steel tile roof and began interviewing prospective tenants.

After meeting the parents of one young man and calling the young woman’s boss, she felt she’d done due diligence and let the three friends move in.

While monthly payments weren’t the issue, a few incidents she now considers red flags cross her mind as she remembers the year.

Once, her husband dropped by the house after a large snowfall and had to tell the tenants not to snowboard off the roof of the old garage.

Another time, Mitch Martin, the upstairs tenant, called her about the destructive noises coming from below.

“It sounded like they had a couple of brawls,” said Martin, 29, who lived in the apartment above the tenants for the full year.

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There was confusion over the thermostat levels and blown fuses a few times that weren’t a big deal, he said.

However, loud music caused enough of a disturbance, the next door neighbour called the police on several occasions, he said.

“You don’t put your nose into other people’s business,” said Martin.

But when he heard a loud crash as if something was smashed against the basement door — he shares the stairwell and the sounds travels — he felt compelled to call the landlord.

The hole in the basement door suggests he might be right.

Lowe’s complaints — while some are simple wear and tear from a bit more than gentle use of the floors and carpets — stem from the three broken windows, a toilet that was rarely if ever cleaned, and huge gouges out of the enamel on the bathroom tub.

Fortunately, she said, she has before and after photos that show the extremely clean condition before the tenants moved in.

A walk through the central Barrie house now shows ripped tiles, a six-inch ragged hole made through a kitchen cupboard into a bedroom for an extension cord, and broken kitchen patio doors; Lowe can put her fingers through the broken frame.

Lowe complained to Barrie police regarding the destruction of her property, but there’s little they can do.

Const. Toni Dufour said there’s not enough evidence to lay a charge.

“We did contact one of the tenants, who said the damage was done by an unknown person — there’s been several parties since he moved in — but unless there’s a witness, we can’t lay charges,” said Dufour.

Her advice to the landlord is follow up in a civil court of law.

However, Landlord Legal owner April Stewart said she’s literally got binders full of judgments she hasn’t been able to collect on.

“You can’t get blood from a stone,” said Stewart.

The local paralegal said the services she’s created to assist landlords collect from destructive or non-paying tenants has kept her running off her feet trying to collect outstanding money owed to landlords.

“I want to stress, this isn’t necessarily a problem with 20- year-olds. I’ve seen just as many adults, right up to 60, who are irresponsible. And they’re enabled by this legislation.”

The biggest problem is the current landlord tenant act favours the tenant, she said.

Police can’t always prove mischief, or the tenant may even have a previous eviction notice, but the sheriff can’t legally tell a prospective landlord about it.

“There’s no freedom of information about this. There’s nothing in the system to protect the landlord,” she said.

In the future, Stewart said, when a landlord is approached by younger renters, ask the parents to act as guarantors for their children. Perform a credit check; it will show if a tenant has bounced cheques. And, ask to see photo identification; some renters will use a family member’s ID if they know a sibling has a better credit history.

“Visit in the first 30 days to see how they live,” said Stewart.

Landlords are required to give 24-hour written notice, but regular drop-ins are worth it.

Last month, a new tenant moved into the house on Campbell Avenue

He’s put up posters to cover the worst of the damage, steam-cleaned the carpets and carried the majority of the last owners refuse out to the garage — or just thrown it out for the trash.

He said he’s rented quite a few apartments, but “never saw anything as bad as this.

“I’m a patient man, I don’t mind waiting for her to fix this,” said the new tenant, who requested that his name not be used. “It’s not her fault, but it’s her responsibility to fix it.”

http://www.thebarrieexaminer.com/ArticleDisplay.aspx?e=2923227&#postbox

I could have never imagined how hard it is to evict someone.

Wednesday, December 29th, 2010

To anyone interested in the services of Landlord legal –

I could have never imagined how hard it is to evict someone until I was faced with having to do it myself. It wasn’t until I started the process that I realized that it is impossible to do on your own without proper legal counsel. There are so many “t’s” and “i’s” that need to be crossed and dotted and if you miss one, you could lose a lot of time and money. That is when I contacted Landlord Legal.

The best part about April Stewart and her team at Landlord Legal is that they’re specialists. Evicting “bad” tenants for “good” landlords is all they do! I could have NEVER evicted my bad tenant on my own. He was a professional con who played the legal system with expertise. But what my bad tenant didn’t know was that April is more diligent and a lot smarter than he was. April’s a hard working, super persistent woman who is at the top of what she does and gets the job done, period.

I hope I never have to use April’s services again but should I ever need to, you better believe that the only person I will call before anyone else is “The Terminator!”
– Nick S, Toronto

Results from the Bedbug Summit II

Saturday, November 27th, 2010

Recommendations and Strategies:

Arising from the Bed Bug Summit at Queen’s Park,
held on September 29, 2010,
to help Combat, Control and Contain Bed Bug Infestations in our Communities and Our Province

By:  MPP Mike Colle
Eglinton-Lawrence

1.       Province-Wide Public Education and Public Awareness Campaign

A successful strategy in the fight against Bed Bugs requires the  cooperation of everyone, including all levels of government, public and private stakeholders, and the public at large.

A province-wide public education and public awareness campaign should be developed by the Province of Ontario, to ensure the public is aware of ways in which  they can identify, prevent, and control Bed Bug infestation.

The Provincial Government should develop a public education campaign in partnership with local public health agencies, local municipalities, local school  boards, local transit authorities, hospitals, private sector partners in housing, and the  hospitality industry.

Brochures, advertisements, public transit and public service announcements, in multiple languages, should be distributed to the public at large, which includes information on how to identify, prevent and control Bed Bugs.

Information kits should be made available to landlords, schools, long-term care facilities, hospitals, and public and private facilities such as hotels, motels, libraries,  and so forth, that may be susceptible to Bed Bug infestations.

The public awareness campaign should include a wide use of online resources such as websites and social media.

An information hotline must also be created, where residents can call to report Bed Bug infestations or express any questions or concerns.   This province-wide public education and public awareness campaign, should
contain consistent messaging across the Province, in clear, plain English, that the general public can easily understand.

2.        Scientific Base Line Study to Examine the Causes and Effects of  Bed Bug Infestations in Ontario

The Province should establish a panel of experts, to determine what the safest and most effective practices are to control and prevent Bed Bug infestations,  (i.e. examining the safety and effectiveness of various chemicals and strategies such  as the use of heat and cold treatment), and the effectiveness of home remedies.

3.        Review of Provincial Legislation

The Province should undertake a review of legislation, such as the Landlord and Tenant Act, the Municipal Licensing Act, Ontario Works Legislation, and the Occupational Health Act, to determine whether steps have to be taken to ensure that these Provincial Laws are compatible with the initiatives needed to combat Bed Bugs.

4.        Focused Training of Public Service

The Province should ensure that relevant Public Servants are given the proper orientation and background in order to better deal with Bed Bug infestation, and how  they can partner in providing solutions and proper protocols to prevent  infestations throughout their Ministry or Agency.

5.        Federal Government Action Required

The Federal Government needs to undertake a national overview in tracking the  infestation of Bed Bugs across the country.   The Federal Government should examine the possibility of establishing new procedures, at various border crossings, to ensure that proper protocols and inspections are undertaken to stop the importation of Bed Bugs into Canada.

There needs to be an audit undertaken of possible sources of cross border  infestation, such as the importation of used vehicles, furniture, and clothing.  While the more obvious vehicles (i.e. trucks delivering mattresses, furniture,
and clothing) should be inspected, other delivery vehicles should also be inspected to ensure Bed Bugs are not being transported within vehicles (such as moving vans and used vehicles).

6.        Partnership with Local Public Health Units

The Province should partner with local public health units, to track the existence of infestations throughout the Province.   The Province should also partner with local public health units, every Residential health and social service agency, public agencies in hospitals, hotels,  motels, hostels, schools, long-term care facilities, and local Community Care Access Centres (CCAC’s), to establish better training and awareness, and to establish better front line containment and prevention strategies in high risk areas.

7.        Funding and Support for Non-Profit Housing Providers

The Province should undertake to provide funding and support for Housing Providers, in their efforts to contain and combat infestations in acute and serious cases, where immediate intervention is warranted.  This intervention could be modeled in a pilot project that would replicate the Extreme Cleaning currently being practiced by some of the social service providers in the City of Toronto.

8.       Comprehensive Strategy to Deal with our Most Vulnerable

A comprehensive strategy to deal with our most vulnerable residents should be  established.   The Province needs to establish a series of strategies that will support  vulnerable individuals that reside in assisted public housing that, through no fault of  their own, have been infested with Bed Bugs and are unable to cope, due to a mental
or physical disability, age, frailty, lack of financial resources, or lack of support to deal with the infestation.

There needs to be a coordinated strategy employed, that would include public health nurses, public health agencies, social service agencies (such as Woodgreen Community Services and St. Clair West Services for Seniors), to work hand in hand with public housing providers.   The Province should also find ways to fund treatment and cleaning of Bed
Bugs for vulnerable and low-income residents.  There is a need for expert intensive case management to assist people in  preparing homes for treatment, recovering from treatment, and avoiding repeat outbreaks. High Support Case Management for vulnerable individuals is required in order to attend to their needs.

9.   Need for  Provincial Coordination

The Province (either through the Chief Medical Officer of Health, the Ministry of Health and Long-Term Care, or the Ministry of Municipal Affairs and Housing),  needs to ensure that all government ministries and their resources are made available in this battle against Bed Bug infestation.   A designated office should provide coordination and information sharing for all  parts of government that might be helpful in dealing with this challenge.

This central office could be established to focus on the immediate actions  needed to contain this infestation, and to recommend long-term strategies, and  long-term actions required to prevent and control Bed Bug infestation.

The designation of an individual (or individuals), to oversee this office and co-ordinate a provincial response is essential.

10.   Establishment of a Private Sector “Roundtable Partnership”

The Province should help establish a private sector “Roundtable Partnership”,  to see how the private sector might be able to support the local governments, and the Provincial Government, in their efforts to combat Bed Bugs.

The private sector might be asked to contribute support in providing products (i.e. mattress covers, discounted furniture, and vacuum cleaners) to those of low  income, who are unable to deal with the high costs associated with Bed Bug  Infestation.

11.  Establishment of an Expert Panel of Scientists

The Province should establish an expert panel of scientists from both within government and outside of government, to advise and support government scientists and public health experts who are engaged in Bed Bug infestation control,
containment, and combat.   This panel needs to ensure there is a national and international intervention and best practices regime established for ongoing state of the art remedies.

12.   Establishment of Best Practices for Pest Control

The Province, in cooperation with Pest Control experts, should determine the best method model for pest control protocols. There needs to be coordination, and an effort to work with pest control experts, to develop ongoing best practices (and the safest strategies), in dealing with infestations.  Training, and possible certification of
qualified individuals to deal with Bed Bugs is also recommended.

There needs to be an effort to eliminate delays and confusion in the approval of safe chemicals to fight Bed Bug infestation.   A full scale Integrated Pest Management System needs to be developed and shared with all professional pest management stakeholders.

13.   Long-Term Sealing, Caulking, Scrubbing Program

There needs to be implementation of a long-term sealing, caulking, scrubbing program, that would be established as a possible standard for all Public Health Agencies, in cooperation with public housing providers and other residential housing providers

14.  Examination of Over the Counter Chemicals

Over the Counter sales of chemicals to the general public should be examined and evaluated for their safety and effectiveness.

15.   Role for Our Schools in Expanding Awareness

All school boards should undertake a public awareness campaign through parents, teachers, and students, to educate them on the control and hazards of Bed Bug infestations.

16.   Strategy for Seniors

There needs to be an organized outreach program undertaken by the Province,  in cooperation with municipal authorities, that focuses on the special needs of our Seniors and the strategies that could be employed to help vulnerable seniors deal with Bed Bug infestations.

17.   Review Building Code Guidelines and Procedures for New  Construction and Renovations

Possible new building practices should be examined (especially for multi-resident homes), that would help in preventing future infestations. These  practices should also be applied to building renovations, so that any renovations would be completed in a manner that would help prevent Bed Bug infestations from spreading (i.e. possible use of diatomaceous earth).

18.   Establish Best Practices for Waste Disposal Protocols

Best Practices for Waste Disposal Protocols should be established, especially in the case of items such as mattresses, used furniture, clothing, and toys. The General Public should be warned on the risks associated with bringing used items into their homes or places of employment, without proper cleaning and disinfection.

19.   Used Goods Warnings

Clear, identifiable warnings need to be placed on household items (such as mattresses, furniture, toys, and clothing), which have been discarded because of Bed Bug infestation. Perhaps the use of a simple large orange “X” might be
displayed.

20.   Minimum Standard Benchmarks and Protocols for Schools

There should be minimum set of standards set in place, highlighting  benchmarks in schools, day care centres, colleges and universities, in the identification, control, and methodology used in dealing with Bed Bug infestation.

Conclusion:

Thank you to all who attended the Bed Bug Summit at Queen’s Park, and who made their most helpful contributions.

It is imperative that all sectors of society engage in a comprehensive and  co-operative effort to fight Bed Bug infestation.  The longer we delay in taking a leadership role, the more difficult and costly it will be to stem the spread of
infestation, and the more severe the negative health and economic impacts of Bed  Bugs will be on the people of Ontario.

Results from the Bedbug Summit

Wednesday, November 24th, 2010

The OLA was the official voice of “small business landlords” at MPP Colle’s helpful and important “Bedbug Summit” at Queen’s Park in September.

We would like to thank Mr. Colle and his helpful staff for organizing the Summit.

By all accounts small business landlords were well represented. Our speech created such a strong impression, MPP Colle spoke about her in his closing comments. The other OLA members present made a huge impact, even confronting Toronto Star columnist Joe Fiorito and educating him about the difference between REIT corporate landlords and small business landlords. Thank you Skitter. Thank you BigFoot.

For the first time in years, small business landlords were on the stage, in the spot-light, and making their voices… YOUR VOICE…heard!! The OLA for small business landlords is a non-profit, education organization created to help small business landlords in Ontario. Everyone involved is a landlord in Ontario…just like you.

Monday, November 22nd, 2010

FOR IMMEDIATE RELEASE

M.P.P. to Release Recommendations to Province
Arising from Bed Bug Summit at Queen’s Park

On Tuesday, November 23rd, 2010, Mike Colle, MPP for Eglinton-Lawrence, will release his recommendations to the Province of Ontario, arising out of the Bed Bug Summit hosted at Queen’s Park on September 29th, 2010.

“Bed Bug infestation is not just a Toronto problem. We need a comprehensive provincial strategy to help deal with this scourge.” said MPP Mike Colle, who has led the fight to bring the issue forward at Queen’s Park.

“It is imperative that all sectors of society, along with all levels of government, engage in a comprehensive and co-operative effort to fight Bed Bug infestation,” said Colle.

Key stakeholders and community advocates involved in the front line efforts in fighting the Bed Bug infestation were invited to the Bed Bug Summit at Queen’s Park to share their best practices in dealing with Bed Bugs, and offer solutions on how to best control infestations.

MPP Colle is hoping that key recommendations will be adopted and implemented by all levels of government, and everyone dealing with infestation.

MEDIA AVAILABILTY

Date: Tuesday, November 23rd, 2010
Time: 2:00 p.m.
Location: Queen’s Park – Media Studio
Main Legislative Building
Room 139

For additional information, please contact:

Nancy Caetano
Executive Assistant
Office of Mike Colle, M.P.P.
Eglinton-Lawrence
Tel: 416-325-4091
ncaetano@liberal.ola.org

www.Ontariolandlords.ca