Tenant Protection Law B: Landlords' Concerns

Friday, October 02, 2009

Landlords' Concerns - Week 4 Discussion

Read the presentations by the Kingston Rental Property Owners Association and the Multiple Dwelling Standards Association. Keep in mind the political perspective of the presenters and be aware that the statistical information presented is debatable.

These presentations were made before the enactment of the Residential Tenancies Act. However, their concerns would still mostly be the same.

Also read the article “System Gives Tenants a Free Ride” by Tom Condon. Although an American article, it is representative of the attitude of many landlords.

Finally, consider the proposed legislation discussed in an editorial by Paul Rutherford, “Time to Get Serious About Bad Tenants”, published in the London Free Press on August 1, 2008.

Note: the deadline for posting for this discussion is the start of class in Week 6.

Questions:

1. Do you agree or disagree with the various landlord complaints presented?

2. Focus on at least 2 or 3 complaints and give your reasons in agreement or disagreement with the presenters.

3. Is the problem of “professional tenants” significant in Ontario, in your opinion?

4. What are some tenant horror-stories that you have heard?

5. Landlords exchange information about so-called bad tenants. See for example, http://bad-tenant.org/ What do think of this practice?

48 Comments:

When living in a rented townhouse unit, I felt no compassion for my landlord (for personal reasons); however, I had a neighbor from hell. I had no problem testifying against them in court when asked by their new landlord. In all walks of professions there are the ones that make it bad for the rest giving the whole profession a bad name. I agree with Mr. Manders comments about tenants who deliberately stop paying the rent, skip to the next rental, then start the cycle over again....I testified to it after all.

In attending a Landlord and Tenant Tribunal, I also found that the laws seem to protect the tenant more than the landlord (from the cases that were heard that day anyways). Never being a landord, nor ever wanting to be one, I'd have to say, it's easier having a job where I am guaranteed a paycheck every week. Isn't rent a landlords means of a paycheck? So, if he/she doesn't get paid, how can they pay their bills? Don't get me wrong, there are "scum lords" out there as well, but doesn't that go to show...there is good and bad in every profession? There is also alot of "bad" in renters as well. It's just easier to blame the professional.

Posting renters names on a landlords "group" website is another issue. As a landlord I guess I would appreciate a "heads up" on posssible "tenants from hell", however, I think posting confidential information like their social insurance number would cross the line on the chance of identity theft. There's no easy fix. In any controversial issue there are two sides of the coin, it's just that a few bad apples spoil the bunch.

By Anonymous, at 1:36 p.m.
RESPONSE:

I agree with GCluver when she says that “the law seems to protect the tenant more than the landlord.” I can say this from experience since my neighbour has rented her basement out for over eight years. Always when a tenant moves in they tend to act really friendly, put on an act that there very clean, and will cause no problems. But, as great as that seems, it’s NEVER really the case.

For example, my neighbour had one tenant claiming that it’s just him and his son, that are renting out the 2 bedroom basement, and his daughter will be visiting on weekends. When in reality, it was the father, son, daughter, father’s girlfriend, son’s girlfriend, father’s sister, and a few friends that would spend overnight weekend’s occasionally. Also, they claimed that they were non-smokers, since there was no smoking allowed in the house. But, the tenants would always play load music, smoke inside; have drunk friends crowded at the side of the house. The tenants lived in the basement for two months, living there off of first and last month’s rent they paid prior to moving in. They were asked to move several times, resulting in loud arguments. Finally they moved out five days after the end of the month, free-of-rent. Trashing the place intentionally, ripping the bedroom door off the hinges. Also, leaving holes in the walls and the basement completely filthy.

After, hearing stories like this from my neighbour, it makes me completely unsympathetic towards the majority of tenants. I think that the landlord is the victim in most cases NOT the tenant, and the law needs to give landlords more protection by creating laws that will save them, from being victims.

By Afush Khan, at 10:44 a.m.
If landlords are victims they are hardly suffering, at least the larger landlords. Rental property and income from it is one of the most lucrative investments.

By Hippy Chick, at 12:17 p.m.
RESPONSE:

I kind of disagree with what you are saying Hippy Chick, i think that landlords are the one's who are the victims. Since i usually hear about landlords suffering financially, because the damage tenants have caused or because of the rent they have failed to pay.

Yes, landlords do make profits from the process, but yet again they are providing shelter to the tenant. Which isn't going to be provided, if the landlord doesn't benefit from it in one way or another.

I personally would never want to be a landlord of a basement, because i think that their are to many down sides to renting out a place.

By Afush Khan, at 7:17 p.m.
Questions:

1. Do you agree or disagree with the various landlord complaints presented?

I agree with the majority of the complaints that landlords have regarding Tenants. I understand where there coming from, and I think it is only possible for others to understand them, by being in there position, or knowing someone in that position. I think that when an individual unknowingly rents out there basement to a complete maniac who destroys everything before moving out, is a complaint by landlords. I think landlords receiving rent late or not at all is one of the major issues. Well, other common ones include, noise, and damage to the basement.

2. Focus on at least 2 or 3 complaints and give your reasons in agreement or disagreement with the presenters.

An online complaint that i read about was regarding a tenant making noise, leading to other tenants complaining to the landlord about noise going on everyday from 10pm to 4am in the morning. Leading to an eventual eviction order, i agree with the decision/ action taken by the landlord. This is mainly because, this tenant was effecting the enjoyment of others on a regular basis. Which could have lead to other tenants moving out because of the noise, which would have resulted in financial loss to the landlord. Another complaint was knowingly buying a pet 2 months after moving into the apartment, when the lease agreement said no pets, resulting in the landlord making repeated demands to move out which were eventually met. I agree with the landlords actions, because it was clearly stated in the tenancy agreement that no pets are allowed, Another landlord complaint was a tenant that didn't pay rent for 3 months, 1 month got paid off because of first and last, and 2 months is still outstanding, the tenant then just left the apartment without notifying the landlord. The landlord has taken the case to court, nothing further has been stated. But i think that the landlord did the right thing, since someone has to be held responsible for the outstanding rent.

3. Is the problem of “professional tenants” significant in Ontario, in your opinion?

Yes, i think that the problem of professional tenants is significant in Canada, since i personally think it is hard to find a decent tenant, that will not create problems for the landlord. I think that not all, but many tenants lack responsibility, and in many cases intentionally cause damage before moving out, to get back at landlords for prior arguments.

4. What are some tenant horror-stories that you have heard?

Some of the stories i have heard include, never really taking out the trash on garbage day and leaving it all in the basement when moving out. Smoking inside the house, when it is clarified ahead of time that there is no smoking allowed inside the house. One of the stories, i have heard from my neighbor who is a landlord, is that the tenant does laundry for friends, and family. Everyone seems to stop by, to get some free laundry done, since the landlord provided separate laundry downstairs for tenants.

5. Landlords exchange information about so-called bad tenants. See for example, http://bad-tenant.org/ What do think of this practice?

I think that the practice is a great idea, because it helps landlords by giving them a heads up before allowing someone to move into their basement apartment. The only problem I can think of regarding this practice, is it may be giving out to much personal information. This can lead to identity theft and or other major problems, which can negatively impact the tenant. But other than that I think that the practice is great since, it my eliminate future problems, that landlords are going to face, by allowing these particular tenants in there basement.

By Afush Khan, at 8:53 p.m.
1.I agree with the comments above that state the government is more lenient towards tenants than landlords. It is hard for a landlord to keep with maintenance and deal with tenants who are irresponsible and reckless. A landlord invests a lot of money into this business and on top of that they have to deal with some people who just refuse to pay rent by choice and cause damage to the property. I understand that a tenant may have financial issues, but like GCulver said a landlord’s only income is when the tenant pays their rent, therefore, both parties should be fair and understanding towards each other.

2.Bill 109 is mostly concerned with maintenance and punishing landlords, where as the Ontario Rental Housing Tribunal shows that 65,000 applications were made by landlords and 7.5% of the applications were made by tenants, furthermore, only 1.3% of those applications made by tenants were for maintenance issues. This shows that landlords are not the problem. The problem on the whole part is the lack of responsibility showed by tenants, when it comes to paying rent. A landlord is able to keep up to date with maintenance only if his/her tenants are paying their rent on time. I agree with Mr. Aaron that section 82 is a serious problem. Tenants will be taking advantage of the fact that this rule allows them to raise any issue they are having at the last minute without the landlord getting notice. Tenants will take advantage of the delays in the process of the tribunal hearing. It takes 75 days to have a hearing and evict a bad tenant, but with the raise in tenant and landlord issues trial date can be for up to a year. This is unfair to landlords because tenants just refuse to pay rent and may also start disturbing the enjoyment of others tenants and landlord.

3.In my opinion, “professional tenants” is a significant problem in Ontario. There are many tenants who will take advantage of the law. I think the law is more favourable towards tenants, whom of some are use to moving from place to place refusing to pay rent and trashing the place. I am pretty sure tenants like this get away with one or two months of rent. These are just a few people in the bunch that make all tenants look bad. I am sure there are also landlords who are just as irresponsible, it works both ways.

4.My cousin use to live in an apartment, she would tell me that her landlord would just come into her apartment without giving any kind of notice and start fixing things. He was good at keeping up to date with maintenance, she felt like she didn’t have privacy because her landlord would show up at any time. Nobody would appreciate that, everyone wants their own privacy.

5.I think the practice is a good idea because it allows landlords to know who they are allowing to rent their place too, but on the other hand, a tenant’s personal information should not be displayed publically as it can lead to identity theft.

By Unknown, at 9:48 a.m.
This comment has been removed by the author.

By Rebecca, at 8:02 p.m.
I have to say that I agree with the some of the landlord concerns. The lanlord complaints presented were presented clearly.

I agree with Mr.Manders on the fact that it can be very costly to keep up with regulations and repairs. Things break if you are a proper landlord running a business; you must fix it.

To add to that if a tenant does not pay rent for 2-3 months and then trashes the place, not only are you out rent but you are out in repair money.

I agree with the idea of having private bailiffs who are licenced, bonded and insured based on the idea that it would relieve the back log in the system. I also disagree with this idea because for lack of better wording, it scares the hell out of me.
If we have private sources we may not be able to regulate. If landlords have a "go to guy" that can make a tenant "go away" well its a little on the scary side.

Professional tenants could be signifigant here in Ontario. I think that it does happen. Another from of white collar crime perhaps? The myth is that you must be a druggie or a single mom of 10 to be a bad tenant. I know that just isn't the case. What about the losers who get so pissed drunk one night they break into your apt thinking its their own and pee in your closet and pass out on your sofa?? ( Yep, it happened)

I agree that there can be a landlord site to protect landlords from bad tenants.. but only if they have been found guilty of it. ( recorded in a tribunal/court) I also think that if bad tenants.org is allowed, then crappy landlords.ca/.com should be added. It has to work both ways and no one should ever have access to your SIN. That has got to be against the law... ( Richard where are you at on this one)

Ive had first hand experience with bad landlords and have heard many stories but honestly I've heard of just as many crappy tenants/ roomates.
Rent skipping is the number one for landlords and unfit living conditions or violation of privacy I would say is number one for tenants.

I think there should be equal rights for both sides. I don't think one side should have all the rights.

By Rebecca, at 8:15 p.m.
Rebecca, I agree that there are serious privacy issues involved. It would appear that bad-tenant.org is American but I am assuming that it is used in Canada.

For the record I do not support peeing in closets.

By Richard Leighton, at 1:14 p.m.
I have to disagree with you Hippy Chick. Landlords are the victims in so many more ways than the tenants. Yes rental property is one of the most lucrative investement; however, it is important to remember that many Landlords are at a huge loss especialyy when they encounter "professional tenants". Stay tune for my experience as a Landlord as it pertains to "professional tenants."

By Adrea - Jamaican Queen, at 1:49 a.m.
Just going off the topic..
"HAPPY THANKSGIVING" to all.

By Anonymous, at 7:54 p.m.
This comment has been removed by the author.

By surekkanth, at 5:25 p.m.
I agree and disagree with some of the comments,
I think it works both ways, I've seen bad tenants and bad landlords.

I think we need a system that is balanced and fair. If a landlord has a tenant from hell it should not take more than three months to evict the tenant. Alternatively, if a tenant has a bad landlord it should not take the tenant six months to get a landlord to make a necessary repair or to fix an urgent matter.

Landlords invest in rental housing as a business just like any other business, and the government should treat them just like other businesses. Tenants need a place to call home, and if they are paying their rent they should not be hassled or taken advantage of.

I really don't know a lot people who are tenants, so I don't have any current information on how things are in the rental housing market.

The article on consideration of Bill 109 is a hearing on the previous legislation of the RTA. So, I am not sure if those concerns are relevant today. Anyhow, as far back as I can remember landlords have always complained even when the legislation was in their favour.

Tenants definitely have a problem when they lose their jobs a can't pay their rent. However, should the landlord pay for this? I don't think so, there must be some other part of the system that has to kick in to help these people.
I don't know what the answer is.

By Unknown, at 6:08 p.m.
I can definitely relate to Mr. Manders comments wherein he speaks about “tenants who deliberately stop paying the rent, skip to the next rental, then start the cycle over”,
In May of 2007 I encountered ‘professional tenants’. Firstly these tenants appeared to be real genuine individuals who were in need of a place to live. Being a first time landlord I had done all my homework. I even became a member of Rent check Credit Bureau. (Rent Check Credit Bureau is "The Housing Industry's Credit Bureau" specializing in tenant screening services with a comprehensive list of products regarding previous, current and potential tenants in both the residential and commercial markets. A Tenant's Credit and Tenancy information are provided in a timely and accurate manner.) You are even able to do a credit check on tenants. However, ‘professional tenants’ know that most private landlords are not members of Rent Check Credit Bureau, hence they know that their scrupulous behaviour can never be revealed.
I went against one of my criteria and did not even do a credit check on my tenants. I felt pity for them after they gave me several sad but believable story. Everything went well for the first 3 months and shortly after they sent me a letter stating that “They no longer wish to speak to me, but instead I should communicate through their Lawyer”. On one occasion when repairs were to be done the bathroom faucet, they refused to open the door to the workman. This was where hell began, and had I not been a strong, determine and persistent landlord I would have lost the very first home I bought - something I had worked EXTREMELY HARD FOR. They started making partial rent payments and gave me sob stories, some of which included: they were now on welfare because the Mom had moved leaving only the husband and three kids. After careful investigation I realize that it was all a lie.
On one occasion when I demanded rent, they refused stating t they were broke. They in turn ruined the landscape at the front of the house by spraying chemicals on my lawn - spelling my initials, all because I had demanded my rent. This angered me because I had just done the landscape prior to them moving in. As a landlord, I do believe that a rented premise should look and be up-kept the same way as if the Landlord lives there.
Luckily for me, I was successful when I served the N4. They did end up moving. After all that turmoil, I did not even recover all the rent they owed. Yes I could have pursued the matter; however, I was so happy I had gotten rid of them that I just allowed the remaining payments to go. Moreover, I only had to do minor repairs to the house so I considered that a blessing in itself.
I later found out that they had been ‘professional tenants’, but they choose carefully whose unit they rented. They stayed away from apartments because most apartment landlords were members of Rent Check, thus their unethical beviour would be readily detected. Instead they preyed on people who rented homes privately. Likewise, they also changed their method of communication always advising their landlords to communicate with their lawyer. For me, I played the game and sent letters from my Lawyer to theirs. After awhile the lawyer refused to communicate on their behalf. I guess they realized I was not going to give up. However, if I did not have a friend who was a Lawyer, it would have been a significant cost on my part.
I have no pity for professional tenants, and I believe they make it bad for those tenants who are genuine. I can attest to such because presently I have one of the best tenant any Landlord could ever have. Despite my experience, I would never use the actions of one tenant to judge another.

By Adrea - Jamaican Queen, at 9:25 p.m.
Further to my last blog, it is important to note that the list of what my professional tenats did is EXHAUSTIVE, and thus needs more than a blog to tell it all.

By Adrea - Jamaican Queen, at 9:22 a.m.
Hi Adrea,

I am sorry you've had the experience of being a landlord for a professional tenant, I wouldn't wish one of these people on my worst enemy.
I don't support professional tenants, I think they are parasites to society. However, we shouldn't allow these people to drive a wedge between the good tenants and good landlords.
These parasites should not be allowed to drive the agenda for the functioning of the RTA.

Remember, these people are a very small minority, and they should not determine how decent people live.

By Unknown, at 8:59 p.m.
Professional tenants are indeed a significant problem in Ontario. I have friends that are Landlords, most of which have experienced ‘professional tenants’.
Afush is indeed correct with the following comment:
“I think that not all, but many tenants lack responsibility, and in many cases intentionally cause damage before moving out, to get back at landlords for prior arguments”.
My own experience and those of other Landlords that I have encountered can relate to the above-mentioned. The most frustrating part about this is, after you have been through so much with these ‘professional tenants, you really just don’t have the strength to go and fight the battles of getting them to pay for the repairs. Even though the LTB can rule in your favour to ensure that they pay for these damages, it is important to remember that getting some of these tenants to comply is like searching for a needle in a haystack.
Professional tenants will continue to be parasites as long as they have so many rights. I agree with Michael wherein he had remarked in his blog “we need a system that is balanced and fair.”
On the other hand, let’s not forget there are awful Landlords who take advantage of tenants by doing all kind of things: invasion of privacy, failure to repair, various threats – especially when tenants are not educated about their rights.

By Adrea - Jamaican Queen, at 10:15 p.m.
I think the practice of bad-tenant.org borders defamation and slander. Although many may argue there is the freedom of speech factor, this website doesn’t allow people to defend themselves. Many tenants can be on this site and not even know there names are being posted and the negative comments that are being advertised regarding there living standards. There are always two sides to every story; however, the tenants are not allowed a chance of defense. Besides, why should people have to defend themselves to the public? I put myself in there shoes and to be honest whether I was a tenant or landlord and whether the comments were good or bad, I wouldn’t want my name on a website. My actions would speak for itself regarding my character. The landlord and tenant board, although a public hearing, it not the same as the World Wide Web.
I also see a problem in that there are many people who have common names. If you look in the phone book there are many people with last names such as “Smith”, “Jones”, and “Jackson” and in addition, many first names that are linked to these. If you look up a “Michael Smith” your bound to find hundreds. How can one person differentiate which “Michael Smith” this blog is in reference too? There may be way to limit a search such as city or town but the problem still remains. There are people out there whose names can be ran through the mud based on the commonality of there name. This is unfair and unjust I a society such as this. This negative blog can limit or prevent someone from having access to adequate tenancy and this is not right.

By Sebrina, at 11:24 p.m.
I agree with some of the argument put forth in the article written by Tom Condon. I think he made a good point when he quoted Melusky when she made the point of arguing that it takes too long to evict tenants. I think she was correct in stating three months of consecutive non payment it enough to warrant an eviction. Her comparison to utilities being disconnected due to non-payment, I think is relatively fair. If there is no effort put forth by the tenant to make some form of payment for three months straight, this should allow the process of eviction to be prompt.
When dealing with problems such as known drug dealers as stated in the article written by Paul Rutherford I think its especially important that landlords have some form of protection. Some may argue that even drug dealers have a right to live somewhere; I would argue I think the right of children to be safe trumps this. If someone is dealing drugs, I think it’s the responsibility of the community to protect there children. Of course this must be proven, because this may open the doors to people labeling people drug dealers because they applying stereotypes; however, I think some effort should be placed on promoting safe communities. The argument in the article pin pointed a good point that in these situations many people are “intimidated into silence”, which makes the process even more difficult for a landlord.
I think the government also needs to step up and administer more landlord and tenant boards to have the time to deal with the backlog. I also think that the government should have a relief fund for landlords who can show they are experiencing hardship at the hands of a tenant. A committee of some sort needs to be established to deal specifically with landlords who are experiencing strife due to a tenants actions. If these landlords can show that the tenant is not only a problem in there tenancy, but can show they have taken the necessary step to evict, then this committee should have some form of allowance to grant these landlords compensations during this process. If and when the money is collected from the tenant, whether it is by a board ruling in the landlords favour, then this money will be given back to the government in form of repayment. The board can make this ruling so the funds are given back to the government fund directly to avoid being lost in “paper work”. I think if this occurs then it would alleviate some of the financial burden of landlords having to carry the expense of non-paying tenants since the process is so long. There needs to be a fair balance.

By Sebrina, at 11:26 p.m.
I just wanted to comment on the idea of having private bailiffs. I don’t think this is a good idea at all. I agree with Rebecca when she said the idea of having a “go-to-person” is scary. I think it will create more havoc that good. There is corruption in every profession and this would be no exception. People may be forced on the streets for no good reason. I’m sure any landlord can find a way to legitimatize there actions; however, if bailiffs are privatized I think it opens a can of worms that this system isn’t equipped to handle. When certain public professions become privatized it creates more of a problem that it was intended to fix. This may be a naïve questions but who in turn would regulate the bailiffs?

By Sebrina, at 11:45 p.m.
Sebrina I see your points stated in regards to the website bad-tenant.org. However, there are advantages and disadvantages.
On the one hand, it helps as a screening tool to assist Landlords in selecting good tenants. I know in Canada not all Landlords who rent their homes, or a part of their home are members of Rent Check, (Rent Check members consist mostly of Apartment/condo and commercial units members), and as such they rent their homes based on references given by other people . As we all know anyone can give a good reference. There is also a yearly fee of $53 fee for becoming a member of Rent Check, and believe it or not, not all Landlords make a profit from renting. People rent their homes for different reasons: loss of income being one of the top reasons.
Perhaps only the following details should be included on the website: name, last known address, city, province and an in depth description of what the tenant did.
On the other hand, Landlords can also use this website as a means of slandering tenants, thus trying to get even. The truth is some of these tenants might be good tenants, and as such does not deserve to be on the website. As Sebrina truthfully stated “There are always two sides to every story”.

By Adrea - Jamaican Queen, at 12:27 a.m.
I totally agree with some of the landlord complaints stated by the rental owners associations, such as the difficulties with the maintenance of their buildings; the unconstitutionally of section 82 of the Residential Tenancies Act; the difficulties to evict tenants due to the slow justice; that many tenants take advantage from the legal system; etc.
S. 82 of the Residential Tenancies Act allows tenants to raise concerns at the hearings without giving notice to the landlords. I don't think that it should be permitted. Under the law, both parties are expected do promote full disclose of their cases before the hearing. Nobody can present a surprise evidence or claim anything that was not accepted into the proceeding. Why should tenants have this advantage over landlords? Why should them have a right that contradicts the legal system itself? Also, under s. 15(1) of the Charter, everybody is equal and has the right to the equal protection and equal benefit of the law without discrimination. So, tenants should not have a special benefit.
I also agree that many tenants take advantage from the legal system. Many times a tenant does not pay the rent, invites others to live there, destroys the place and refuses to leave, as said by Pamela Melusky in the article "System Gives Deadbeat Tenants A Free Ride". Unfortunately, many tenants know the difficulties faced by the landlords to evict them due to the slow justice, and for this reason they take advantage from it. In many cases if the tenant does not have a guarantee to pay the debits, or anything to garnish, the landlord will end up with unpaid damages, while the tenant will be free to look for another place to rent and to start all over again (meaning a free place to live for a couple of moths until eviction takes place). Those are called "professional tenants" according to Melusky.
I believe that is a problem in Ontario; however, I do not know the magnitude of this problem because I have been living in Ontario for only three years. I can tell about my experience when I was looking for a place to rent. When I just immigrated to Canada, I was looking for a place to rent, and I faced some difficulties. There were lots of available places, but because I had no financial history in this country and no job, nobody wanted to sign a contract with me. I totally understood the landlords concerns of not receiving the rents. The only solution was to pay the entire rent in a lump sum. I knew that it was an illegal demand of the landlords, but I had to agree with it or I would not get a place to live. Some landlords are exchanging information about "bad tenants" through the Internet, such as the website http://bad-tenant.org/. I do not think it is a problem to do it because landlords can avoid future headaches if they can check on their next potential tenant before signing a contract. In this case, those called "professional tenants" would stop taking advantage from the system and causing damages to landlords if their reputation is widely know in the rental market. Nevertheless, this kind of database should allow tenants to contradict the postings if they think that they were unfairly listed as a bad tenant. The website mentioned above does it.
I have worked in legal aid clinics after I graduated from law school. At that time, I have heard some horror tenant stories, and one of them is unforgettable for me. An old lady came to my office to complain about her landlord. She was renting one bedroom of the house and the landlord was living there. They had to share kitchen, washroom, and laundryroom. It was a small house, and everything was going well except for one problem: the landlord started raising chickens inside the house (in the washroom). He started with one animal, and after some months, there were over fifty chickens living in the house. The landlord was probably mentally will, and it was not difficult to prove it at the hearing. I was very sorry for the old lady. Can you imagine to use a washroom completely full of chickens?

By Fernanda Welzel Lourenco, at 12:41 a.m.
I agree with Sabrina. The practice of publishing the names of those who are deemed to be “bad tenant” or “Professional Tenant” should be unacceptable. It gives power to people who are already the elite in the society to further oppress those who aren’t. I know people will disagree with my use of the word “elite” with regards to landlord, especially private home owners, please bear with me while I explain. Home owners are, by the standard of society, regarded as people who have it all (at least to some degree). Case in point, they are organized enough to have their own website, where they can express their anger at the last tenant because they left a stain on the wall, publish the names and information of those they regard as bad tenant, and then collectively deny them shelter.

Don’t get me wrong, I am not trivializing landlords’ experiences with horrid tenants, but lets get some prospective here, most tenants who cannot pay their rent are genuinely strapped. It is not the landlords problem, some people might say, and I will be incline to agree, as callous as it sound, it is true. Which begs the question, what happens to those seeking rental accommodations but have been labeled “professional tenant” by some bitter landlords’ who do not like the idea of losing money, especially to those they feel are beneath them?

Unfortunately, this medium makes it possible for angry landlord to publish undefended allegations about tenant they regard as scum. I dare to believe that the reason for putting these tenants at risk by publishing their information is “an eye for an eye,” and the ultimate result is that the tenants will, once again, lose more than the landlords.

Publishing people’s information is nothing less than public lynching, and like Sabrina said, anybody can be a “Michael smith” except the wrong Michael Smith could be denied rental accommodation because of comments made by a landlord.

By iva.uwana, at 1:28 a.m.
Here is an article from today's Toronto Star that goes to the heart of the matter.

Meet Lorraine Misurka, who showed up at the Landlord and Tenant Board a few days ago. Like Al, Lorraine is a tenant of the Toronto Community Housing Corporation; like Al, she was facing eviction.

She said, "I'm 71 years old. I've been living in my building 24 years." I was having trouble hearing her. She said, "I had an operation on my tongue."

We were chatting outside the offices of the Landlord and Tenant Board on St. Clair E.; outside, because – insult to injury – the elevator was not working and she was gathering the strength to climb a couple of flights of stairs.

She seemed puzzled and frightened. "I got the notice of eviction. I was scared. I didn't believe it. They didn't say they had a place for me to stay."

She got the notice of eviction because she fell behind in the rent. I asked her about money. She said, "I got widow's allowance and Canada Pension. I get $1,390.22 a month. My rent is $415.00." She sells papers on the street to supplement her income.

But she – like Al Gosling – has had trouble. Part of the problem is that, because she does not get around very easily, she pays people in her building to run errands and pick up things from the store. And she is very trusting, and she does not always get any change, and so her money goes.

In addition, she pays someone in her building a couple of hundred bucks a month to prepare a few meals. But everyone in the building knows that Lorraine often runs short and is often hungry and often needs help.

Let me remind you that she lives alone, and she has no help from her family, and some of the people in her building prey on her, and she fell behind in her rent, and TCHC sent her an eviction notice.

Lorraine's friend and neighbour Mary Ann was standing by. I asked her if Lorraine had sought a lawyer to represent her before the Board.

Mary Ann said, "The eviction notice said Lorraine could go to Legal Services of TCHC to get help. Well, she can't get around, so I went for her. And they said she didn't qualify."

Oh. I see. You can get all the help you want, except when you need help.

Mary Ann frowned. "I asked the social worker in the building how things got to this point. She said, `You'll have to ask Lorraine about that.' Well, Lorraine can't explain it, exactly – which is the effing problem."

And then it was time for the hearing. Lorraine made her way up a couple of flights of stairs, one slow step at a time, and I will not draw this out:

A mental health worker was on hand, and one of TCHC's lawyers was also there, and Lorraine was steered towards a mediator, and a deal was worked out so that she could pay off her arrears.

Afterwards Lorraine said, "I agreed to pay $60 a month. I didn't sign nothing. I just agreed. I been behind in the past. I always got back on my feet."

She will fall behind again and get back up, until she is no longer able; what then?

There are social workers in Lorraine's building, and there is help for seniors, and so on and so forth. But where were the helpers when she fell behind? Did no one notice? And why is eviction a tool of social work?

More to the point, what would have happened if Lorraine had ignored the threat?

You know the answer, I think.

Joe Fiorito usually appears Monday, Wednesday and Friday.

By Unknown, at 7:33 a.m.
1. I agree with the various landlord complaints presented.

2. Mr. Mander feels that Bill 109 paints landlords in a bad light and can only be controlled with higher fines, penalties and tough regulations. He criticizes the NDP’s 1990 rent controls treating the landlords’ assets with contempt. 1997 under the Tenant Protection Act landlords were more fairly treated resulting in the rental market being flooded with new rentals. In his opinion half of Bill 109 is for maintenance and punishing landlords. To add insult to injury, he refers to John Gerretsen, who defended the multi-residential tax ratio, which clearly is aimed at the most affordable housing units making it hard on poor tenants. After the presentation questions were asked of Gerretsen, he was sympathetic to every problem regardless of its merit. He promised everything they wanted would be granted by a Liberal government. His position was that the tenants can do no wrong, the Liberals will protect them and the landlords’ problems are irrelevant as set out in Bill 109. He feels that what happened in the 1990 NDP’s rent controls was landlords could not operate in such an environment and virtually all new apartment construction ceased and vacancy rates dropped, rental houses were taken off the rental market and it was the poor who lost the most under strict rent controls. He says that under rent control, renovations ceased, and quality went down. There being no competition public housing soared and devastated the provincial budget. Manders protested this Bill so not to have a repeat of what happened in 1990. I don’t necessarily agree with what Manders. Bill 109 addresses vacancy decontrol. I believe landlords should not be able to increase rents by an unlimited amount when a tenant moves out. This practice encourages landlords to ignore the needs of long-term tenants, especially those who are marginalized.

I more agree with what Bob Aaron of the Multiple Dwelling Standards Association, who just happens to be a real estate lawyer, a landlord and the chair of the association has to say. In agreeing with the government’s decision in keeping vacancy decontrolled he has a concern with Section 82, which allows the tenant to raise any concerns they have at the time of the hearing, blindsiding landlords without notice. He feels this system will collapse and indicative to the necessary manpower and money the tribunal required to prevent a system collapse . This will encourage people who want to take advantage of the system and cause delays into it. Landlords are going to be blinsided by tenants who show up with bogus disputes at the last minute without the landlords getting any notice. He is concerned that the use of private bailiffs for evictions are not allowed even after the landlord gets a court orders they have to wait on the sheriff which takes too long. Getting private bailiffs would take some pressure off the government and sheriff.

By rickettc, at 1:11 p.m.
3. In my opinion the problem of “professional tenants” is significant in Ontario even if the number of people who are considered a professional tenant is 1%. These people affect the economy and are a bigger headache for a landlord who will have to spend time and money to remove such a tenant. Obviously, the “professional tenant” who does not have the money to pay or who has the money and just don’t want to pay knows more about landlord-tenant law than most.
4. My own horror-story involved a tenant who had two kids that rent my condominium. The original lease had expired and she was on a month-to-month lease. I decided to sell it. I gave three months notice. I was over sympathetic to her because of her children who I felt were not being cared for properly. I had my closing coming up and I was only getting from the tenant that she wasn’t leaving and it was my tough luck. I wrote letters and continued calling requesting that she vacate the property, but she guaranteed to me that she was not leaving. She even changed the lock on the door. I knew that I did not have enough time to take advantage of the any landlord and tenant remedy available to me. I did what I knew how to do best, I prayed her out. Miraculously, a day before my deal closed, she abandoned the property able to close the sale of the condo with vacant occupancy.

5. The bad tenants website is a great forum. This site will assist landlords to eliminate having to confirm references provided to them which turns out to be bogus and get information that will help them choose better tenants. The information required to access this website secures the tenant’s privacy and is shared between the tenant’s previous landlord and the perspective one.

By rickettc, at 1:12 p.m.
I do agree with the various landlord complaints presented. I believe that landlords should have laws to protect their rights and property. I do also believe that tenants should have laws to protect themselves.
I agree with Mr. Bob Aaron and his complaint with section 82. I feel that tenants should have to reveal their concerns to the landlords before the hearing. Landlords deserve to know the concerns ahead of time so that they can defend themselves in a court of law. I also believe that some tenants will take advantage of the new law because they know that they can. I feel that the law does give tenants an advantage over landlords. The law should be fair to both parties involved.
Moreover, I agree with Mr. Steven Manders and his complaint about “tenants who are just reckless, careless, plainly don’t care, can’t pay or won’t pay.” Landlords accommodate many different types of people in life. Unfortunately, many times landlords do not find out the kind of person the tenant really is until it is too late. The tenant may intentionally damage the property, disturb the neighbours at all hours of the night, or simply decide not to pay the rent. Landlords have to deal with lazy, dishonest, and disrespectful people. I feel that landlords and their property need protection against these awful tenants. I am not saying that all tenants are bad. However, I do feel that some tenants take advantage of landlords and their services.
In my opinion, the problem of “professional tenants” is significant in Ontario. There are many tenants in the province who refuse to pay their rent and will not leave the property. I feel that landlords are in a tough industry. Landlords invest their time and money into property that they do not have total control over. I feel that landlords need protection in the court system in order to make the business worthwhile. I also feel that tenants need consequences for their actions. A tenant should not be able to live for many months rent free, and they should not be able to move and do the same thing over again.
Furthermore, I have heard many stories of people who have not paid their rent or people who have trashed property. For example, my next door neighbours rented out their house to a couple with a small child. The couple had references, careers and seemed genuine. The couple lived at the house for approximately six months with no problem. All of a sudden, the couple stopped paying the rent. My original neighbours tried to contact the couple by phone. There was no answer, so they decided to return to the house and see if there was a problem. They discovered a horrible scene. The house had been cleared out of all furniture and clothing. All that remained in the house were loads and loads of garbage. There was property damage on top of it all. The couple has still not been found and held accountable for their actions.
I agree with the website, http://bad-tenant.org/. I feel that it is important for landlords to exchange information about tenants. I believe that landlords should have fair warning about bad tenants. I feel that the website is the same as a reference. The website provides important background information about different tenants. Tenants should not be able to take advantage of landlords. This website helps prevent tenants from taking advantage of landlord after landlord.

By Unknown, at 5:13 p.m.
I enjoyed reading GCulver's comments. They were interesting and well written. I am glad GCulver had the strength to testify at trial. Tenants should not be able to get away with disrespecting landlords, property, or other neighbours. I feel more people should help to put a stop to bad tenants. I also agree that the law seems to protect the tenant more than the landlord. I feel that both parties should have equal protection.

By Unknown, at 5:44 p.m.
Dear Adrea,

I agree with your comments that professional tenants are a significant problem in Ontario. I have also heard many different stories about the issue. I am sorry to hear that you have experienced it firsthand. Your comments are eye opening. Your comments show that you have to be careful who you trust. Also, I’m glad you brought up the fact that it can get expensive for landlords when it comes to lawyer fees and court costs. I do not feel that landlords should have to put out money in order to receive the money that they are owed. Tenants should show respect towards landlords and their property. I am glad to hear that you are happy with your new tenant, and I hope that everything continues to go well.

By Unknown, at 6:32 p.m.
. Do you agree or disagree with the carious landlord complaints presented?
I agree with some and disagree with others. There are a lot off bad tenants out there but there are also some bad landlords, it can work both ways.
2. Focus on at least 2or 3 complaints and give your reasons in agreement or disagreement with the presenters.
Mr. Mander points out the fact that ``for tenants who deliberately stop paying the rent and eventually skip out owing as much as possible and those who deliberately or recklessly damage property, there are no penalties, they are just ordered to vacate. That`s not a balance``. I definitely agree with this for the simple fact that it is true. Like it says in the article System Gives Tenants A Free Ride, ``If you don`t pay your cable TV bill, they shut it off. If you don’t make your car payments, they repossess it. This is the only area that allows the consumer to keep the service without paying for it. It is state-sponsored behaved``. People are able to screw the system and keep living free of rent until they can be evicted. If the landlord takes it to court they may not receive all of the money they are owed.
Mr Aaron agrees with keeping vacancy decontrolled and has concerns about section 82. If I was a landlord I would be very concerned about section 82. This section allows the tenant to have power at the hearing by bringing up any complaint he/she can think of. This is very unfair, this will only encourage the ``bad`` tenants to keep doing what they are doing, and that is screwing the system. I totally agree with what Rickette has posted with respect to this question.
3. Is the problem of ``Professional tenants`` significant in Ontario, in your opinion?
In my opinion, yes ``professional tenants`` are a problem in Ontario. They are the best at what they do and that is screwing the system. The problem is that they aren’t going to stop what they are doing because they know the law probably better than most landlords and therefore they figure out ways around conflicts and how to get out of paying for rent ect. Section 82 will be a great encourager for ``professional tenants``, it gives them all the power they want to do their ``job``.
4. What are some tenant horror-stories that you have heard?
I have heard a few horror stories about bad tenants. In one case the tenant had 2 large dogs in a very small apartment. The tenant had moved in there because it was cheap. This was not the right place for the 2 dogs to be living. There was just enough space for one person in the apartment let alone 2 large dogs. The dogs ended up being bored from being stuck in a such a confined space throughout most of the day, which resulting in the apartment being damaged from the dogs chewing around the door frames and going to the bath room, which had left stains and orders.
5. Landlords exchange information about so-called bad tenants. See for example, http://bad-tenant.org. What do you think of this practice?

I think this is a practice that will help landlords deal with bad tenants. This website can help make the landlord`s job easier because they have more information at their finger tips and also other landlords. It keeps tenants from taking advantage of landlords because this website gives landlords a chance to do a background check on the tenant. The landlords have every right to have a reference to tenants.

By JessAnions, at 7:21 p.m.
Although I have never rented or rented out, I can honestly say that I think there are good and bad tenants and good and bad landlords. But for some reason, when reading through the Residential Tenancies Act, it seems as if the law is more lenient and sympathetic to tenants. Just as Mr. Manders said in the article, landlords look the like the bad guys all the time. Even when you watch movies, they always depict the landlord as some nasty man trying to get money fast, meanwhile leaving horrible living conditions for his tenants. People have to understand no matter what your title, landlord or tenant, both are people, and people can be awful to each other. I also agree completely with the statement by Mr.Manders saying that those tenants who deliberately cause damage have no penalties thrown at them besides being evicted. I think being evicted is any easy way out for those tenants who purposely try and make the landlords lives a living hell.

Also the part about tenants being able to show up to a hearing without informing the landlord about their disputes. This is extremely unfair for the landlord, and I think it creates a complete prejudice to the landlords and an injustice.

I could not agree more with Tom Condon, who wrote the article that discusses professional tenats. I believe that there are many tenants who choose to live this lifestyle because they know the law will let them get away with it. It seems like it takes forever for landlords to try and get justice by going to the courts. I can just imagine how stressful it would be to have a tenant who just doesnt pay up when theyre supposed to or doesn't respect you enough to follow the rules of the tenancy agreement. It intsills fear in those who think that being a landlord can possibly be a good investment and another way to make some money to live. These people start to brush the idea off and rather not go through all that horror once they hear all these awful stories about how tough it can be to handle tenants at times.

In the last article there is a quote that states that if you don't pay your cable bill, its turned off, etc...When you really think about it, it is soo incedibly true. It just seems way to easy to be tenant, complain about how you cant pay your rent and then get away with living in the place for at least a couple more weeks. Once again this doesn't mean that there aren't awful landlords, there are, but the penalties just seem more relaxed for tenants.

Now this site about landlords exchanging information; this isn't the greatest idea. I think that sort of information should strictly be with the courts and the police. There is no need to be writing negative remarks about others on a site. I understand these landlords want to warn other landlords but it just seems like some sort of violation. It just doesn't seem like the right thing to do.

By J-Rod, at 7:45 p.m.
Although I have never rented or rented out, I can honestly say that I think there are good and bad tenants and good and bad landlords. But for some reason, when reading through the Residential Tenancies Act, it seems as if the law is more lenient and sympathetic to tenants. Just as Mr. Manders said in the article, landlords look the like the bad guys all the time. Even when you watch movies, they always depict the landlord as some nasty man trying to get money fast, meanwhile leaving horrible living conditions for his tenants. People have to understand no matter what your title, landlord or tenant, both are people, and people can be awful to each other. I also agree completely with the statement by Mr.Manders saying that those tenants who deliberately cause damage have no penalties thrown at them besides being evicted. I think being evicted is any easy way out for those tenants who purposely try and make the landlords lives a living hell.

Also the part about tenants being able to show up to a hearing without informing the landlord about their disputes. This is extremely unfair for the landlord, and I think it creates a complete prejudice to the landlords and an injustice.

I could not agree more with Tom Condon, who wrote the article that discusses professional tenats. I believe that there are many tenants who choose to live this lifestyle because they know the law will let them get away with it. It seems like it takes forever for landlords to try and get justice by going to the courts. I can just imagine how stressful it would be to have a tenant who just doesnt pay up when theyre supposed to or doesn't respect you enough to follow the rules of the tenancy agreement. It intsills fear in those who think that being a landlord can possibly be a good investment and another way to make some money to live. These people start to brush the idea off and rather not go through all that horror once they hear all these awful stories about how tough it can be to handle tenants at times.

In the last article there is a quote that states that if you don't pay your cable bill, its turned off, etc...When you really think about it, it is soo incedibly true. It just seems way to easy to be tenant, complain about how you cant pay your rent and then get away with living in the place for at least a couple more weeks. Once again this doesn't mean that there aren't awful landlords, there are, but the penalties just seem more relaxed for tenants.

Now this site about landlords exchanging information; this isn't the greatest idea. I think that sort of information should strictly be with the courts and the police. There is no need to be writing negative remarks about others on a site. I understand these landlords want to warn other landlords but it just seems like some sort of violation. It just doesn't seem like the right thing to do.

By J-Rod, at 7:46 p.m.
sorry guys i posted the same comment twice..don't read it twice unless it was so good that you want to.lol

By J-Rod, at 7:47 p.m.
Sebrina I totally agree with you that there needs to be some sort of committee developed to assist landlords who are sufferings at the hands of bad tenants. However, it would certainly be a task to retrieve these monies from tenants to be given back to the government. As I stated in a previous blog it is sometimes quite an ordeal to get tenants to pay even when the Board rules in the Landlord favour. Presently, there is the Ontario Rent Bank Program which was established in 2004 to assist tenants at risk of losing their housing. It offers eligible tenants an interest free loan equal to two months’ rent to avoid termination of their tenancy. Why then can’t there be a similar program to assist Landlords? Evidently it is not a FAIR AND BALANCE SYSTEM.

By Adrea - Jamaican Queen, at 8:37 p.m.
J-Rod I could not agree more. Of all the things that I detest most about how the law supports and protects tenants is that a tenant is able to show up at hearing without informing the landlord about their disputes. How could this be possible? As a Landlord, I am extremely furious to know that a tenant has this opportunity to present such without even me knowing. EXTREMELY RIDICILOUS……this ought to stop!!!!.

By Adrea - Jamaican Queen, at 9:11 p.m.
Iva further to your comment wherein you remark “Home owners are, by the standard of society, regarded as people who have it all (at least to some degree).
I am a homeowner and I will be first to say that by no means has the standards of society (not even to a degree) allowed me to think I have it all. Are you kidding me? Had it been so, I would not be struggling to further my studies at Sheridan.
Even if this was so in the past, it has not been reflective in the past years. Just take a look around and see how many “elite” home owners have lost their homes due to various reasons. I know people who have lost their home because tenants have not paid their rent, they have lost their income and the list goes on. It is important to remember that some tenants are in a better position than Landlords, especially private home owners. They have learned to play the system and as such are much more ‘elite’ in so much more ways than their Landlords.

By Adrea - Jamaican Queen, at 9:13 p.m.
I believe the complaints presented by the landlords are very fair and rationale. The landlords make great points and have made me aware of the injustices created by the provincial legislation.
One of the main complaints presented by landlords is the length of time it takes to evict a tenant. Evicting a tenant under provincial legislation is way too long a process and takes an average of 7 months. This is definitely unfair to the landlords because it is as though they are giving their services free, or letting them go to waste because there could be other potential renters who actually pay for their services. Landlords could be making money within these seven months rather than duelling with the courts for eviction.
There should be a sanction in place for tenants damaging property rather than just getting evicted. The Landlord is losing out because it is not balanced. Evicting a tenant does not necessarily benefit the landlord as they are providing their housing, but they do not get compensated for the damages incurred. They are left with less than they had before the tenant. Also, the amount they pay in repair prevents them from providing more housing or even making rental more affordable because they have to pay expenses for damages incurred by careless tenants, rather than investing in other property or decreasing certain costs. In turn, the government can rely on this as a source of providing affordable housing and therefore should recognize this helping hand. If the landlord and tenant act did impose harsher sanctions in regards to damages of property, there would not be as much as a need for sites like www.badtenants.com because regardless of whether they are in fact a bad tenant, landlords know they will get compensated, and landlords will not fear this risk that comes from housing tenants. I strongly believe that the balance has shifted in favour of the tenants, and the act should be amended to allow for more protection for landlords.
I also believe procedures with the landlord and tenant board favour the side of the tenant and make for a unfair trial. If a tenant does have legitimate reasoning as to why they were late or did not pay their rent, they should provide notice well before the commencement of proceeding. Tenants are able to bring defences as to why they did not pay, such as violations the landlords committed, but, do not have to disclose this to the landlord before the proceeding. This violates the right to a fair hearing because the landlord can not prepare a fair explanation or defence. I think this fails to meet the necessities of a fair judgment and creates biases. Tenants are given advanced notice with issues landlords have, therefore, why is a landlord not given notice about issues tenants have.
Bad-tenants.org is a legal way to source information about a tenant. It can prevent a lot of these tenant-horror stories we hear and will most likely clear up the courts. This is a very wise way to obtain information of a potential tenant without completely violating their privacy rights. It is a much easier and quicker method, and landlords do not have to waste their time getting credit checks and checking into their background. I think this is a great practice, and is completely fair.

By Krissy, at 9:54 p.m.
I just wanted to comment on Iva's comment regarding the "elite" in society being the landlords and in somewhat of a better position. Although Adrea raises a good point I tend to lean more to Iva's argument. I know this may be a broad generalization but I feel most landlords are better off financially. While I agree with Adrea when she says that people become landlords for many reasons, which include them themselves having financial difficulty; however, I feel most are in positions where being a landlord in most aspect results in some form of profit. I'm thinking on a broad scale. Private homeowners may have more of a difficult time when they have bad tenants but I think those who are able to maintain their situation have more of a cushion to fall back on. I’ve never been a landlord so my opinion is not founded on anything other then what I see, hear, and read. I also must comment on the phrase "professional tenant". When I see this there is a negative connotation that jumps out at me. If someone has been a "renter/tenant" for a good part of their lives, this doesn't mean there bad. I know this is not necessarily what is meant by the phrase but that's the first thing that comes to my mind. People often assume that most people make a plan to be stuck in a certain situation and if someone doesn't have the financial means to own property, they are then classified as "professional tenants" which in most cases throughout this discussion carries a negative bubble around the phrase. Does anyone see it in the same way? Just a thought.

By Sebrina, at 11:52 p.m.
1. I am for both, some of the comments I agreed with, others not so much. I live in a walk-out basement apartment with a landlord that works on his own time at his own pace. He and his family tend to not have any respect for my peace and quiet even though I pay my rent on time every month. So being in that situation and hearing other people talk about their landlord encounter, I realized that there are bad landlords and good ones. There are tenants that are bad and ones that are good, I guess it just depends on faith in which one you come across.

2. I agree with Mr. Manders when he stated that “tenants who deliberately stop paying the rent and eventually skip out owing as much as possible and those who deliberately or recklessly damage property, there are no penalties. They are just ordered to vacate. That’s not a balance.” I agree with him for the main fact that many time when you go to look at an apartment the conditions of them tend to be very poor, many times the landlords will tell you that major work will be done in the apartment before you move in as a result of prior tenants damaging the unit.

Also I agree with Mr. Aaron and his concerns with section 82.“This is the one which allows the tenant to raise any concern he or she has at the time of the hearing, blindsiding landlord without notice.” I think that this is very unfair towards the landlord as the tenant could be lying just to strengthen his/her case and the landlord will be unprepared to respond.

3. Yes it is; there are a lot of people who do this and as a result of their bad behaviour and lack of respect for their landlord. They make it harder on the honest individuals out there that are looking for a place to rent.

4. I have heard many tenant horror stories but the one that stand out the most happened a few months ago. My friend lives in an apartment with her two children and they have lived there for about 3 years. The first thing to go wrong in the apartment was the fact that the unit had roaches and mice. How they got there we don’t know because my friend keeps her apartment very clean. Nevertheless, she made a complaint to the superintendent of the building. About a week later my friend notice little red bites on her children, the marks were all over their bodies. When she took the kids to the doctor, he stated that they had gotten the bite marks from bed bugs. Once she got home she decided to check every room for any sign of these bugs. When she went to the children room and looked under their mattress all she saw were these little brown bugs running all over. In the end she found these bugs in 5 areas of her apartment. When she notified the superintendent about what was going on in her apartment, the lady stated that she has better things to do and that my friend should call pest control and deal with the problem herself. My friend is now taking this superintendent to the landlord and tenant board.

5. I understand that the site would allow landlords to know if a tenant is worth them renting their place to, but at the same time, who gives these people a right to display a tenant’s personal information on a website? What happen to a person’s rights? I feel that if they are going to do a site like that about tenants, then there should be one for bad landlords, because there are a lot of those in Ontario.

By Unknown, at 12:20 p.m.
I agree with the assertion that there are professional tenants who have no regard for the property and refuse to pay rent. No tenant has the right to vandalise an apartment or withhold rent from the landlord. Nevertheless, landlords are, for the most part, not victims. Many landlords allow their rental units to remain in substandard condition as they do not reside there. Some of them also charge exorbitant prices for rent as they have a ready supply of tenants desperately searching for housing.

“System Gives Deadbeat Tenants a Free Ride” focuses on the issue of “professional tenants” in Connecticut. This is also a valid problem for landlords living in Canada and often makes living conditions for other tenants difficult. When tenants refuse to pay rent or damage the unit, they should be evicted as quickly as possible. Tenants involved in the drug trade or prostitution also pose a safety risk to other tenants. Health risks may be caused by the dirty tenants as mice, cockroaches and bedbugs infest the unit and spread to neighbouring apartments. Landlords should be given as much legal power as possible to evict tenants who legitimately may be categorised as such. Tenants who also vandalise the property should also be forced to pay damages by a tribunal or court.

I had a friend who married a man only to discover that he was a gambler. She was giving him half of the rent every month only to discover that the casino was receiving her money. After the landlord began entering her apartment to question her concerning her persistent non-payment of rent did she realise what her husband was doing. She was inevitably evicted and spent months in a homeless shelter.

The posting of personal information by landlords on the internet is wrong. This gives landlords power to be discriminatory on the basis of sexuality or other personal information that they may discover once the person is their tenant. The posting of sin numbers and driver’s license numbers may also lead to identity theft by landlords with a more sinister motive.

By Anonymous, at 12:38 p.m.
I agree with some of the comments made by iva who stated that landlords could post your name because you left a stain on the wall...lol...very true. this website should be made illegal...or even things out by having a badlandlord.org...sometimes things feel different when the shoe is on the other foot.

By Anonymous, at 12:56 p.m.
Michael I feel sympathy indeed for Lorraine because she is indeed a genuine and good tenant. I am wondering why someone did not direct her to the Rent Bank so that she could have gotten a grant. I am quite positive that some of these people whether the mental health worker, the TCHC lawyer mediator, or the social workers in the building ought to have know that the Rent Bank is available for such people like Lorraine. This is just another classic example of how the government fails people…Why am I not surprised???????

By Adrea - Jamaican Queen, at 7:58 p.m.
Rupi I agree Bill 109 is mostly concerned with maintenance and punishing landlords. The stats referenced in the article do indeed reveal that Landlords are not the problems, but rather the tenants. (Ontario Rental Housing Tribunal shows that 65,000 applications were made by landlords and 7.5% of the applications were made by tenants. In addition, only 1.3% of those applications made by tenants were for maintenance issues).
The Landlord complaints presented are quite legitimate, and I am not just saying so because I am a Landlord. To go a step further it is clear that government is more lenient towards tenants than landlords. Like Culver, I too experienced that during my attendance to the Landlord and Tenant Tribunal, based on the cases I observed that day, the laws did appear to protect tenants, more so than the Landlords.
I am disgusted that it takes 75 days to have a hearing and evict a bad tenant, and if the Landlord is a private homeowner who is still making mortgage payments, he/she must continue to do so in order not to lose their home. What an unfair system? Until the government creates a balance and fair system for both Landlords and tenants, the issues will persist.

By Adrea - Jamaican Queen, at 9:01 p.m.
Considering complaints of the Landlord, I am totally not in agreement with the complaints, the landlords should understand that the government cannot leave their citizens to be at the mercy of the house owners. A government of a nation stands to protect its citizens.
The majority of the landlords are complaining about the Tenants Protection Act, you can figure out that the landlords just don’t appreciate the procedures to be followed before a tenant can be evicted, to the landlords two months is a long period to evict a tenant regardless of the tenant situation. every tenant cannot be bad,and some genuinly do want to pay but cannot afford to.
Another thing the landlords complains about is the issue of keeping up with maintenance, in my opinion maintaining your investment should not be seen as a punishment because that is where you earn your living, so if the government are on top of the landlords to maintain their buildings, to me there is nothing wrong with that. Some of these house owners are just interested in collection of rent and don’t want to repair, they put up this habit of you the tenant live there so you should repair it.
The problems of professional tenants are not significant in Ontario because with the landlords’ exchange of information about bad tenants, it will be difficult for professional tenants to break through as claim by the house owners.
I witness a landlord evicting his superintendent with wife and three children, is their business they cannot afford to loss the rent for a month or two.
The practice of the landlords exchange information about bad tenant is the height of discrimination. This is unheard of; an unemployed tenant today can be employed tomorrow. This must stop. the information is confidential.

By Fc, at 10:06 p.m.
Considering complaints of the Landlord, I am totally not in agreement with the complaints, the landlords should understand that the government cannot leave their citizens to be at the mercy of the house owners. A government of a nation stands to protect its citizens.
The majority of the landlords are complaining about the Tenants Protection Act, you can figure out that the landlords just don’t appreciate the procedures to be followed before a tenant can be evicted, to the landlords two months is a long period to evict a tenant regardless of the tenant situation. every tenant cannot be bad,and some genuinly do want to pay but cannot afford to.
Another thing the landlords complains about is the issue of keeping up with maintenance, in my opinion maintaining your investment should not be seen as a punishment because that is where you earn your living, so if the government are on top of the landlords to maintain their buildings, to me there is nothing wrong with that. Some of these house owners are just interested in collection of rent and don’t want to repair, they put up this habit of you the tenant live there so you should repair it.
The problems of professional tenants are not significant in Ontario because with the landlords’ exchange of information about bad tenants, it will be difficult for professional tenants to break through as claim by the house owners.
I witness a landlord evicting his superintendent with wife and three children, is their business they cannot afford to loss the rent for a month or two.
The practice of the landlords exchange information about bad tenant is the height of discrimination. This is unheard of; an unemployed tenant today can be employed tomorrow. This must stop. the information is confidential.

By Fc, at 10:06 p.m.
I think overall the way to fix this problem is through the government. Some may argue that the government cant' do it all, but that's there job. We pay taxes and they should be able to set up committee's to handle circumstances such as unfair practices between landlords and tenants. Like I stated earlier there needs to be a balance. Not all people who don't pay rent are delinquent on purpose and shouldn't be labeled in a negative light. This current economy is not making our living situation easy for anyone. I think most people are struggling and if not struggling, barely making ends meet. This is the time where our tax money should be used to alleviate social problems and help take the strain of everyone. Landlord and tenant issues are not just landlord and tenant issues. Housing is an issue for everyone. People need a place to live. If you don’t live somewhere how can you contribute to society? If people are losing there homes (both landlords due to non payment and tenants due to evictions) then where does that leave them?

By Sebrina, at 12:00 a.m.
I could not see anywhere in the report were it gives a ratio of good tenants v's bad. I will say though, that the good probably way out number the bad. I also did'nt see in the report where it mentions all the interest that landlords get to keep because their government that they so easily complain about, came up with the idea that trhe landlord only need give a minute portion of interest back to the the tenant. This being the interest collected by the landlors on the rent deposits collected at the beginning of a tenancy agreement.Oh, and folks, I also didn't see the part where the landlords thanked the government for allowing the anual rent increases this year, even though the property market all but collapsed.Yes, there are some bad tenants out there and yes, I'm sure that there are a few that abuse the system but nobody can tell me that the landlords suffer such a peril.It's called the cost of diong business. We don't feel too sympathetic when we hear that a hooker has contracted an STD. This is because we all know that it's a risk that comes with the territory, the cost of doing business. But like we don't give the hooker sympathy, we don't hear them crying about the price they paid either.
I would agree that the government kind of contradict their own rules by allowing a bad tenant to wait until a hearing to complain about the landlord in essence giving that tenant a way to worm out of eviction, but until I see the ratios of good v's bad I will go on believing that the good far outnumber the bad.
Do why no why professional tenants pull off what they do? Could it be that they get away with so much for so long because the landlords are too busy crying about other issues that they fail to set up safeguards to prevent the professional slipping through the cracks.
I honestly believe that there are not many horror stories to be told about bad tenants.As I said above, I'm going to believe that the good far outnumber the bad, I'm giong to say that for the amount of money that a bad tenant costs a landlord once in a blue moon, that same landlord is giong to make up again in the form of the unreturned interest, or the extra rent that can be charged to new tenants, or the anual rent increases that the don't need to charge but do because they are in business.
Nobody will ever convince me that there is even the most miniscule chance of the info sharing website that the lanlords use is right. Neither moraly or ethicly or otherwise. This deffinately needs govrnment intervention to shut it down. I suggest that the landlords use kleenex to cry into rather than crying and breaking all kinds of privacy laws on the internet.

By Unknown, at 1:03 a.m.
I think the landlord complaints are very true.There are more rights for the tenants than given to landlords which the tenants seem to take advantage of.Not paying rent and damaging property etc.Moreover the government isn't helping the landlords either,Bill 109 shows the protection of tenants over landlords.
The reason maintenance is higher now is because the government is not doing justice to the landlords.The Landlords have to make their living some how or the other.If the tenants don't take the responsibility of the premises then the landlords are going to have to increase the rents in order to compensate for the damages that are made.
Some of the most common complaints are throwing the garages of the chutes during odd hours when people are sleeping or not putting the trash in the right place.This causes a lot of disturbance.When it comes to a tenants own needs they do not like to be disturbed during supper,dinner etc but they are inconsiderate about other people when throwing garbage in a wrong place or at odd timings.Bringing in more people without the knowledge of the landlord leading to overcrowding is another main issue that landlords face from tenants.

Yes ,Ontario lacks professional tenants.People rent accomodation and live in it but do not maintain it.If bulbs need to be changed they depend on the landlord to send someone even though its something that they could take care for themselves.They tend to clog drains every once in a while because they use it recklessly.They use excess water,since everything is included in the rent they tend to over sue those facilities.
The website of bad tenant is for landlords who put out issues that they face from tenants.This probably really helps them deal with these issues.I think since the government doesn't give them much rights,they would have to come up with means of saving their life time investments themselves.

By Ayesha, at 6:31 p.m.

Tenant Protection Law B

Friday, October 02, 2009

Landlords' Concerns - Week 4 Discussion

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