Is Housing an Issue in the Federal Election? - Landlord`s Self

Is Housing an Issue in the Federal Election?
Canadians head to the polls on October 19th, 2015. Although many issues related to housing are
governed at the provincial or municipal level, a broad range of factors have brought the Government of
Canada’s current housing strategy into question:
 1/3 of Canadians are renters. 45% of Toronto’s population lives in rental housing. As shown on the
BCNPHA website http://bcnpha.ca/news/new-rental-housing-index-shows-crisis-level-of-spendingacross-canada/ an increasing number of Canadians are spending more than they can afford on housing –
19% of Canadian households spend more than 50% of their pre-tax income on rent and utilities;
 Federal subsidies - which help co-op and non-profit housing providers cover the gap between market
rent and the amount charged to many tenants through Rent Geared to Income programs, and for
building upkeep - will soon be expiring;
 Canada’s population has increased by 30% since 1990, but the overall national investment in housing
has decreased by over 46% since then;
 235,000 Canadians experience homelessness each year.
An overview of the housing strategies for each of the four main political parties may show how much
attention these alarming statistics are getting when it matters most.
The position of the Conservative Party is to continue with its plans based on the Housing First
http://news.gc.ca/web/article-en.do?nid=932349 approach to eliminating homelessness. This is a
partnering strategy that allocates almost $600 million through to 2019 in 61 designated communities, to
rural and remote communities, “and to organizations that address Aboriginal homelessness across
Canada”. The party has also promised to review the issue of affordability in relation to foreign ownership of properties, to determine if this has caused a spike in house prices in Vancouver and other large
cities.
In their National Housing Strategy the Green Party indicates they will also include a Housing First
approach to housing the chronically homeless, and to improve access to Social Housing for First Nations
peoples. Their plan promises more affordable housing through added funding to the co-op housing
sector, as well as improving energy efficiency in all Canadian homes by 2030, and reducing building
emissions by 80% by 2040. A promised Guaranteed Livable Income would also help address the issue of
housing ownership affordability for youth and those with a low-income.
In this ISSUE:
What’s all the fuss about
Airbnb? . . . . . . . . . . . . . . . . . 2
Toronto landlord facing probation
and $75,000 fine for fatal fire . . 2
Absentee Landlords
........3
Landlord and Tenant Board
Update . . . . . . . . . . . . . . . . . . . 3
Self Help Tips
............ 4
Did You Know? . . . . . . . . . . . 5
What’s New ? . . . . . . . . . . . . . 6
Disclaimer
The material contained in this
publication is intended for
information purposes only,
it is not legal advice.
Bill C-400, An Act to Secure Adequate, Accessible and Affordable Housing for Canadians forms the basis
of the National Housing Strategy from the New Democratic Party. This private members bill was
defeated shortly after it was introduced by the NDP due to lack of support from Conservative Party MPs
in 2012. It proposed: Creating clear targets and timelines to eliminate homelessness; Greater federal
engagement with all levels of government, Aboriginal communities, multiple private and community Landlord's Self-Help Centre
stakeholders; Greater focus on marginalized groups such as low income families, the elderly and Suite 400 - 425 Adelaide St. W.
persons with mental health issues; Financial supports for those who can’t otherwise afford housing; Toronto, Ontario M5V 3C1
Tel: 416-504-5190
Independent monitoring of overall progress to ensure accountability; and Mechanisms, responses and
1-800-730-3218
remedies for individuals and groups experiencing housing rights violations.
In their Affordable National Housing Strategy the Liberal Party of Canada resolves to:
Funded by:
Create a national housing commission “to work in conjunction with all levels of government and social
housing and private sector housing providers to create a national housing action plan that would
produce affordable, safe housing for Canadians at all income levels”; Eliminate wait lists for affordable
housing; Reduce the cost of housing for middle and lower income earners; and,
Stabilize the economy with job-creation investment in housing infrastructure. Roughly $125 million a
year in tax incentives are also promised to renovate Canada’s rental housing stock.
Advance polling day options, and information about what is required to vote, and where to vote, may be
found at http://www.elections.ca/home.aspx - the Elections Canada web site.
September 2015
www.landlordselfhelp.com
Quarterly News
September 2015
What’s all the fuss about Airbnb?
The website says “Airbnb lets you make money renting out your place”, but what is it? Airbnb is an
internet-based service that allows individuals “to list, find, and rent lodging” (Wikipedia) around the world.
How does it work? Every user of the Airbnb website creates a profile. If you are offering space for rent,
the “host” profile is associated with the accommodation, as well as with reviews and recommendations
about the space posted by other users and previous guests. The “guest”, on the other hand, completes
a reservation and pays to stay in the space for a specific period of time.
Seems like it’s a straight-forward short-term rental similar to a hotel room, so what’s the fuss?
What does this mean for landlords? It is not only property owners who are renting their space short-term on Airbnb, tenants are
doing it too! This has become a large problem for landlords, and many are searching for information on how to control what goes on
in the tenant’s unit if they rent it.
Many small scale residential landlords are already familiar with instances of damage to their rental unit, and often encounter
challenges when trying to recover the costs from tenants. Unlike “hosts” who advertise on Airbnb, landlords are not able to collect
damage or security deposits from tenants as this is illegal under the Residential Tenancies Act.
Tenants who rent their unit are breaching the Residential Tenancies Act vis-à-vis an unauthorized sublet of the unit while those who
live in condos are in conflict with bylaw provisions prohibiting short term rentals. As for condo landlords, because the condo bylaws
do not align with provisions of the RTA, they will have no legal recourse.
To make matters worse, Airbnb has recently encountered a lot of negative press surrounding damage caused to the rented out
spaces. A couple who rented out their house in Calgary found their home trashed when they returned. The full story can be found at
http://www.huffingtonpost.com/2015/05/07/couples-airbnb-nightmare_n_7232722.html
Condos, private homes, apartments in houses, apartments in high rises—the potential to rent just about anything exists with Airbnb.
Proper tenant screening and regular maintenance checks may assist landlords stay informed about what occurs in their rental unit.
Toronto landlord faces 18 months’ probation and a $75,000 fine
In 2013, a fatal rental unit fire exposed a Toronto landlord who rented out their home as an
“unregistered illegal rooming house.” It took almost two years, but on August 12, 2015, the
Toronto landlord was fined a total of $75,000, which included a $60,000 fine and a $15,000
victim surcharge. The landlord was also sentenced to an 18 month probationary period during
which they “cannot possess or manage any rental property”.
Upon inspection of the home by the City’s Fire Prevention Officer, the landlord was found to
have made numerous fire code violations, including the lack of a second exit on the third floor.
Legislation requires every floor to contain a minimum of two exits; a requirement which is in
place to provide residents with two evacuation routes in the event of a fire. The Officer also
discovered broken fire alarms and fire alarms missing working batteries, demonstrating the
landlord’s failure to properly maintain the unit as required by the Residential Tenancies Act,
and Ontario Fire Code.
Toronto Fire Services Divisional Chief, James Stoop said the “court decision highlights the
importance for all owners and landlords to understand the requirements under the Ontario
Fire Code, and to realize that non-compliance will result in legal action”. More information
can be found on this story at http://globalnews.ca/news/2185982/toronto-landlord-fined-75kin-fatal-fire-at-illegal-rooming-house/
Reminders
HEAT – If the tenancy agreement
requires the landlord to provide heat,
it must be provided from Sept. 1 to
June 15 at a minimum temperature
of 20 degrees Celsius. Local bylaws
may differ, please contact your local
municipality to confirm the minimum
temperature in your jurisdiction.
Ontario Regulation 516/06, Section 4
Entry by Canvassers – Landlords
must permit access to the residential
complex to candidates for election to
any office at the federal, provincial or
municipal level, or their authorized
representatives, for the purpose of
canvassing or distributing election
material.
Residential Tenancies Act, S. 28
Every home in Ontario must have a working smoke alarm on every storey and outside all
sleeping areas. Failure to comply could result in a ticket for $235 or a fine of up to $50,000 for
individuals or $100,000 for corporations. Landlords must ensure rental units comply.
Landlords should implement a regular inspection schedule that requires entry to the rental
unit (with proper notice) every six months in order to change the batteries in the smoke
alarms and CO detectors and ensure all are in good working order. Smoke detectors should be
replaced after 10 years and cleaned at least every six months. Dust, pollen, pet dander,
cooking vapors, smoke, can build up on the sensors in your smoke detectors and reduce the
performance of these sensors. Smoke detectors should be cleaned by 1) vacuuming the unit;
and 2) wiping down the outside vents.
Failure
to comply
www.landlordselfhelp.com
Monthly ONLINE meetings offer the
information and tools small landlords
need to navigate the challenges of
tenant management:
www.landlordselfhelp.com.townhall.htm
Obligations can be difficult to manage
when the landlord is absentee
Are you an absentee landlord? Do you own a rental unit that you rarely
visit because it “runs itself” or you live in another city?
When you are a landlord, absentee or owner occupied, it is your responsibility to
comply with maintenance obligations outlined in section 20 of the Residential
Tenancies Act (RTA). If you are unable to take care of maintenance and/or repair
issues personally, you must hire someone to address them on your behalf.
The following are important points for all landlords to remember, especially
those who live a considerable distance from the rental unit and cannot be
personally involved in the management and maintenance of the property:
Written Lease Agreements
- Clearly define the responsibilities of the landlord and tenant.
- Any terms contained in the tenancy agreement that are inconsistent with the
RTA will be void (such as a No Pets clause). If the tenant agreed to such terms,
the Landlord and Tenant Board (LTB) will not enforce should a dispute arise.
- If an agent will be looking after the rental unit for you, you must include their
name and contact information in the original lease agreement to ensure the
tenant has their contact information should any issues arise.
Notices to Enter
- All notices to enter the unit must be written (on a piece of paper) and include
all required information and details.. Email and text messages are not sufficient
and are not a valid notice.
- Hire someone you trust to deliver notices to the tenant on your behalf.
- An authorization letter to allow the agent to act on your behalf should be
completed and a copy given to the tenant(s) to document the agent’s authority
to enter the unit to carry out inspections or complete repairs on your behalf.
Agents
- Hire an agent that you can trust to act on your behalf, and make sure they are
someone who will carry out their responsibilities promptly and diligently.
- The agent can manage the maintenance and repair of the rental unit if you are
unable to do so.
- An agent can assist with a variety of tasks such as collecting rent, issuing
notices, advertising vacancy, finding new tenants and signing new lease
agreements.
- Be cautious about who you allow to act as your agent, and check up on them
regularly. Actions carried out by the agent on the landlord’s behalf are
generally treated in law as if they had been done by the landlord. If the agent
fails to carry out their responsibilities, the landlord will ultimately be held
liable.
Inspections
- Aside from completing maintenance and repairs in the unit, landlords should
plan to visit the unit personally at least once every two to three months to
perform a routine maintenance inspection (after giving the required 24 hour
written notice).
Whether a landlord is just a street away or living in another province or country,
the landlord must take steps to fulfill their duties under the Residential Tenancies
Act. Failure to do so may result in the tenant filing an application(s) with the LTB.
The recent article, “The Tenant from Hell: how a serial fraudster took advantage
of Toronto’s red-hot real estate market” by Kat Shermack, is an example of what
can happen when a landlord lives far from the rental unit and does not have
someone looking after it for them. You can find the full story at
http://www.torontolife.com/informer/features/2015/08/20/jesse-gubb-thetenant-from-hell/
Contributed by Jatinder Virdi
Jatinder is a paralegal student participating in
LSHC’s Paralegal Student Co-op Program
UPDATE: Landlord and Tenant Board
The Landlord and Tenant Board launched a new
electronic platform to support the electronic
filing of the most common LTB applications on
July 13, 2015. The LTB receives more than 80,000
applications each year and it took less than one
month for the 1000th e-File application to arrive.
The LTB’s e-File system can be used to file four of
the most common applications, two for landlords
and two for tenants:
•Form L1 - Application to Evict a Tenant for Nonpayment of Rent and to Collect Rent the Tenant
Owes
•Form L2 - Application to End a Tenancy and Evict
a Tenant
•Form T2 - Application about Tenant Rights
•Form T6 - Tenant Application about
Maintenance
These types of applications represent 80% of the
applications filed with the LTB. Now they can be
filed anytime from anywhere.
The fee for filing applications via LTB e-File can be
paid by credit card, American Express, Visa,
MasterCard, or by debit card, for all major banks
except CIBC.
By the way, the LTB continue to accept paper
applications; which can be mailed, faxed or filed
in person at one of the eight LTB offices or
personally delivered to more than 60
ServiceOntario locations across the province.
The Landlord and Tenant Board has a new
website: www.sjto.gov.on.ca/ltb
2016 Rent Increase Guideline is 2%
The annual guideline for rent increases taking
effect on or between January 1, 2016 and
December 31, 2016 is 2%.
Landlords are reminded that the prescribed form,
N1 – Notice of Rent Increase, must be given to the
tenant a minimum of 90 days before the effective
date of rent increase. Please ensure your forms
are up to date.
Landlords may increase the rents once every
twelve months for sitting tenants subject to the
guideline; increases not taken are lost as they
cannot later be recouped. If your rental unit is
newer, it may be exempt from the guideline, visit
http://www.landlordselfhelp.com/RentIncreaseGui
deline.htm for detailed information.
The annual rent increase guideline is determined
using a formula that averages the Ontario
Consumer Price Index over a 12 month period
ending the preceding month of May.
! LTB Forms have recently changed; please ensure
you are using the current version before serving.
here
Self-Help TIPS
In this issue of the Self-Help Tips we will discuss the complicated process and the importance of correctly completing
an N5- Notice to End your Tenancy for interfering with Others, Damage or Overcrowding.
The N5 - Notice to End your Tenancy for Interfering with Others,
Damage or Overcrowding is given to a tenant for the following three
reasons:
1. The tenant, their guest or another occupant of the rental unit
has substantially interfered with the reasonable enjoyment of
the residential complex by the landlord or another tenant, or
another lawful right, privilege or interest of the landlord or
another tenant;
2. The tenant, their guest or another occupant has wilfully or
negligently damaged the rental unit or the residential complex;
and/or
3. The number of people living in the rental unit is more than
permitted by health, safety or housing standards.
Note: If the landlord lives in the same building as the tenant and the
building has three or fewer residential units you may give the tenant
a form N7 -Notice to End a Tenancy for Causing Serious Problems in
the Unit or Residential Complex for reason 1 above instead of a
Form N5. A form N7 can also be given based on damages if you
believe you can prove the damage was caused deliberately (this is
difficult to prove). The form N7 cannot be voided and it has a
shorter notice period.
Dates on the N5
The termination date on the N5 must be at least 20 days after the
notice is given to the tenant. Once the N5 is served, the tenant has
7 days to correct the problem(s) stated on the N5 or move out by
the termination date. If the tenant does not correct all the issues
addressed on the notice, the landlord does not have to wait until
the termination date to proceed with eviction, the landlord can
apply to the Landlord and Tenant Board on or after the eighth day
to terminate the tenancy and evict the tenant. If you fail to provide
the proper number of days, the Landlord and Tenant Board will
dismiss your case and you will have to start all over again. An N5
notice expires 30 days after the termination date indicated on the
notice.
Second Breach Within Six Months
If the tenant voids the N5 by correcting the problem(s) set out in
the notice within seven days of receiving it, and another problem
occurs within six months of the first N5 being issued, the landlord
may serve the tenant a second N5. The termination date for the
second N5 must be at least 14 days after the notice is given and the
tenant does not have an opportunity to correct the problem and
void the second notice. The Landlord can apply to the Landlord and
Tenant Board at any time after the second N5 is given to the tenant.
Tips
Reasons for the Notice
Subsection 43(2) of the Residential Tenancies Act states a
notice of termination must set out reasons and details. The
Divisional Court case Ball v. Metro Capital Property has
held that reasons and details should include dates and
times that the alleged conduct took place. The Divisional
Court ruled that notices of termination, particularly
voidable notices like the N5, are void if they lack
particulars such as dates and times. The order states that
“Particulars should include, dates and times of the alleged
offensive conduct together with a detailed description of
the alleged conduct engaged in by the tenant.” Divisional
Court decisions are binding on members of the Board and
must be followed.
Describe in detail what the tenant, the tenant’s guest or
another occupant of the rental unit did that caused you to
give the notice to the tenant. Include whether it was the
tenant, another occupant of the rental unit or a guest of
the tenant who caused the problem. Next to each event,
state the date and time the event occurred, what
happened, who was affected, etc. If it is the first N5 served
to the tenant it must also provide the tenant with the
necessary information that the tenant needs to void the
notice. If you need more space than what is provided on
the N5, complete and attach an additional sheet of paper
to the N5 notice.
Invalid Notice
Detailed information must be provided on the N5 Notice of
Termination or it will be considered flawed and not a
legally valid Notice of Termination. If a Member at a
Landlord and Tenant Board hearing finds that the N5 is not
a valid notice, they will dismiss the Application to Evict the
Tenant.
The N5 eviction process is a very complicated process. Due
to the technical nature of the N5 notice it usually results in
many mistakes and many dismissals of applications.
Note: The LTB has updated their forms, if you are serving
your tenant(s) with a notice or filing an application with
the LTB, it is very important that you use the updated
forms. If an old form is used, it may result in your
application being dismissed. The new forms can be found
at: http://www.sjto.gov.on.ca/ltb/forms-filing/

If the tenant does not correct the problem set out on the N5 notice within 7 days you are not required to
serve a second N5, if you do serve a second N5 and claim this is a second breach your application will be
dismissed.

A second N5 can only be given if the problems stated on the first N5 were corrected within 7 days and
another problem occurs within 6 months (not necessarily the same problem as stated on the first N5).

Keep detailed notes with time and dates of disturbances, complaints from other tenants, when damages
occur etc.
Did You Know?
Q: I have served my tenant with a Form N12 because my son will be moving in to the unit. The tenant is refusing to leave so I am going
to apply to the Landlord and Tenant Board for a hearing. I was told that I need to have a sworn Affidavit to be filed together with my
application to the Board. How do I obtain an Affidavit and where can it be sworn?
An Affidavit is a document that must be signed and sworn by the person who intends to move in to the unit. It must state the reasons for
moving in and that he or she in good faith requires the rental unit for his or her own use. The person must swear that the information on
the Affidavit is true before a Notary Public or a Commissioner of Oaths. The best place to have the Affidavit sworn is at the Board office,
they have staff in many of their offices who can commission the oath at the same time when you’re filing your application. Board locations
are posted on their website at www.sjto.gov.on.ca/ltb/.

Q: I am buying a triplex with tenants already living there. The current owner has not increased the rents for several years. Can I bring
the rents up to today’s standard as the new landlord?
When you purchase a property with tenants in possession you assume whatever agreement they had in place with the previous owner.
Therefore, when you take over as the new owner you are not allowed to increase the rent unless it's by the allowable guideline and if the
tenants have not had an increase in the past twelve months. To increase the rent you must give the tenants a 90 day notice on a
prescribed form which is a Form N1. The forms can be obtained from the Landlord and Tenant Board's website at www.sjto.gov.on.ca/ltb/

Q: I am about to advertise my condo for rent online. My insurance company will not cover student tenants. I am wondering how I can
word my ad properly to make it clear that I cannot rent to students but that I am not discriminating against this group. Can I do this?
There isn’t a way that you could word your ad to exclude a particular group without running the risk of being accused of discrimination. In
order to avoid any claims of discrimination, an advertisement for rent should only describe the rental unit itself and the amenities rather
than describing the type of tenant you are seeking.

Q: I am renting out two rooms in my house and the tenants pay rent on a weekly basis with no lease agreement. I now require one of
the rooms for my daughter who is moving back home. I will be giving the tenant a notice to terminate for that reason. How much notice
am I required to give the tenant in this case?
Even though the tenant is paying rent on a weekly basis the notice period for this particular reason must still be 60 days ending on the last
day of the rental period. The Form N12 must be served in this case and you must ensure that the termination date is the last day before a
new rental period begins. For example, if the tenant is supposed to pay the rent every Monday, the termination date on the notice would
have to fall on a Sunday.

Q: I have been renting an apartment to a single woman for the past few months, we have a twelve month lease. She has recently gotten
married and I am wondering what I can do about changing the lease to include her spouse. Am I obligated to add his name on the lease
or do I have to draft up a new lease?
It is your choice if you want to add the other person to the existing lease. Basically, the lease can remain as is with the tenant continuing
to be the one responsible for the rent. If you wish to add the spouse’s name to the existing lease, you can do so without drafting up a new
lease. The existing lease can be amended to include the other person’s name as long as all parties initial the changes.

Q: When the tenants signed our initial lease agreement, they agreed that the termination date will be 60 days after the landlord gives
the tenant a Notice of Termination. We are now planning to do major renovations and will be serving the Form N13. This notice states
that we must give 120 days notice to terminate the tenancy. Can I adjust the N13 to adhere to the original contract? Would the N13 still
be legal if it is dated for 60 days instead of 120 based on the clause on the lease?
Despite the fact that the lease includes a clause stating that a notice of termination given by the landlord will be 60 days, that clause would
not be enforceable. The notice period on any termination notice must be at least for the period set out in the law. The Residential
Tenancies Act, section 4 states that “a provision in a tenancy agreement that is inconsistent with this Act or the regulations is void”.

Quarterly News
September 2015
What’s New?
2015 Landlord Learning and Networking Forum!
Landlord’s Self-Help Centre is organizing
the 2015 Landlord Learning and
Networking Forum, this year it will be
combined with LSHC’s Annual General
Meeting and held on Thursday, October 8,
2015.
2015 AGM - Landlord Forum
Program
The AGM and Landlord Learning Forum will
be held at The 519 Community Centre, 519
Church St., Toronto, in the Grand Ballroom,
and will kick off at 6:00 pm.
6:00 pm
Information Tables,
Networking and Light
Refreshments
7:00 pm
Annual General Meeting
7:20 pm
Spotlight on Service
7:30 pm
Panel Presentation: A lively
and informative discussion
of 3 cases that impact
landlords
8:10 pm
Q&A
The Landlord Learning and Networking Forum also provides the opportunity to meet
and interact with a variety of service providers to learn how they can help and receive
printed information.
This year we welcome Smoke-Free Housing Ontario (Non-Smokers Rights Association),
Toronto Public Health, Toronto Hydro, VHA Home Healthcare, the Centre for Equality
Rights in Accommodation, the Investigation and Enforcement Unit of Municipal Affairs
and Housing, the Landlord and Tenant Board, Toronto Shelter, Support and Housing
Unit, The 519 Legal Clinic, the Insurance Bureau of Canada, the Ontario Paralegal
Association and we are continuing to confirm other service provider participants.
Register and reserve your seat for the 2015 Landlord Forum at
https://2015-agm-landlordforum.eventbrite.ca
Landlord’s Self-Help Centre
is moving to a new location!
Landlord’s Self-Help Centre joins several other specialty legal
clinics in a transformative Co-location Project that will achieve
administrative cost savings and efficiencies and create new
opportunities for collaboration with colleagues.
The Co-location Project has been in development since 2012, it is
expected to result in significant savings being achieved through
efficiencies and will allow for collaboration on new projects and
initiatives with other legal clinics. Initially, LSHC will occupy
temporary space at the new site and will likely move to the
permanent office by April 2016.
To stay informed, please monitor LSHC’s website and social
media for updates, www.landlordselfhelp.com, Facebook at
www.facebook.com/landlordselfhelp, and Twitter @LSHC1.
www.facebook.com/landlordselfhelp
@LSHC1
www.landlordselfhelp.com
Closing Remarks
Draw for Door Prize
LSHC members will receive the Notice of
General Meeting/Agenda enclosed with
this newsletter. Members can access
AGM materials online at
http://www.landlordselfhelp.com/memb
ers_area/2014_AGM/2014_agm_agenda
.pdf
8:30 pm
15th Floor – 55 University Avenue, Toronto
University Ave. and Wellington St. W.
(St. Andrew subway station)
LSHC will move to a new location effective
January 4, 2016!
LSHC will occupy temporary space initially and then move to
our new office space- both are located on the 15th floor at
55 University Ave., Toronto.
The nearest subway stop, a handicapped accessible station
equipped with an elevator, is St. Andrew station on the
number 1 line (University Ave. and King St. W.) The building
is also accessible via the Toronto PATH system.
LSHC will also retain its current phone number, 416-5045190 and toll free 1-800-730-3218.
Disclaimer
The material contained in this
publication is intended for
information purposes only.
It is not legal advice.