9 Things Your Landlord Won't Tell You

Followed a link to an article called Nine Things Your Landlord Won't Tell You on Huffington Post - tried to respond in a comment but the site was wonky and was getting frustrated... so here is my response instead.

Don't know if I'll manage Nine... but lets see, shall we?

However Many Things Your Landlord WILL Tell You:

1. The rent you are asked to pay is used to pay the bills on the house you live in. I know it doesn't seem like it - but trust me, darling, owning a home costs more money than you think. In addition to the cost of carrying the mortgage, utitlities and maintenance and repair - which, you presumably have some awareness of? - there are things that, if you've never owned a home, you might not be aware of. The insurance, for example, costs us a heck of a lot more on a house someone else lives in that it would on one that we live in... as in close to 3x as much. And then there are property taxes, of course.
2. Most landlords do charge slightly higher than the bare minimum required to cover the expenses of the unit though - that is because we've learned that almost every single tenant will screw us over one way or another, so we have to build in a cushion to try to cover that.
3. When you don't pay your rent, we still have to pay the mortgage, property taxes, hydro, water, gas, insurance, maintenance & repairs on YOUR home - even if that means that we don't have anything left to pay for ours.
4. When you withhold some portion of your rent because of unexpected expenses like a car repair, cell phone bill, medical emergency, bus pass you had to replace... whatever... you are essentially borrowing money from us - without our consent. We are often sorry about your bad luck - but not so fond of having it visited on us.
5. Last month's rent is collected not because we are mean, and trying to keep you from finding a place to live but to protect both of us. If you ever actually bothered to give proper notice when you left, you would have last month's rent available for the next landlord, and it wouldn't be such an issue for you. Hey - here's a thought   - if you actually gave proper notice when you were moving, not only would you have your last month's rent back with interest, you could probably also have a really good reference. You know...because it is so rare.
6. When you give notice that you want to move on, we typically wish you well and start looking for new tenants. If you change your mind, you really do need to try to come to some agreement with us - and the nastier and uglier you are about this, the less likely we are going to work out such an agreement.
7. There are these really big smelly trucks that come by every week to pick up your garbage. All you have to do is get it to the curb on the right day of the week. Storing your garbage in the back yard, or worse, in the house, means the smell stays in the unit and doesn't go away. It really is not that hard, honest. And if you'd just make that little bit of effort, your landlord will love you for it. Really!
8. Problems that are small are a lot easier to fix than problems that have been allowed to get big and ugly. We really do appreciate it when you let us know about problems before they turn into crises.
9. The reason you have a hard time finding reasonable landlords is because so many of us have been screwed sooooooooooooooo many times. There is no support for landlords, really. When there is a problem, the landlord is required to pay lots of extra money to the agencies that are supposed to help to solve the problem - but they really don't. If we're really, really lucky, after we pay all that money to jump through all the hoops, all we wind up with is a useless piece of paper, which we have to pay more money to try to collect from you.
10. We know that YOU would never ever screw us over, make a mess, damage our property, let your kitty and your dog and your children stink up and/or decorate the joint, refuse to pay rent, deal drugs out of our homes, etc etc .... but you know, every single tenant we've ever rented to has promised all those same things you're promising.  

So yeah... there are some pretty unreasonable landlords out there...and then there are others, like us, who have decided to just not bother any more. Congratulations... you win.  Don't have a lot of reasonable housing options any more?  Well gee, I wonder how THAT happened?!

Legalized Theft

Legalized theft – while I am willing to concede that this is not the actual intent of Landlord & Tenant Board Legislation in Ontario, this is, in fact, the reality. The system is broken.  

If someone books a hotel room, pays for one night, and then the next day, refuses to either pay or leave, are they permitted to stay there for months on end, continuing to pay nothing, while enjoying all the amenities that the hotel has to offer? Of course not. The hotel calls the police, and the person is ejected, and quite possibly charged.

And yet, when my tenants give notice that they will be moving out at the end of the month and then fail to leave, what happens? Absolutely nothing.

Not only am I unable to have the police assist me to eject those who are now stealing from me, they are able to call the police and any number of other community agencies, all of whom insist that I, as a landlord, am required to continue to provide my now ex-tenants with the amenities to which they were entitled while paying rent, and, as if that weren’t enough, they also continue to be entitled to the “enjoyment” of “their” home.

I was able to get an ex parte eviction order, after paying the $170 fee to do so, of course – unfortunately, the Sheriff, in Ontario, is the only one that can legally evict the tenant and they don’t seem to be the least bit interested in actually doing their jobs. Certainly not during the month of December, in any case…. They’ll get to it when they get to it. I had thought perhaps it was simply the Barrie Sheriff’s office which couldn’t be bothered, but a simple Google search shows that this is a common issue throughout the province.

Weeks pass…during which the tenants figure out how to file for a stay of the eviction order. So now I’ve paid $170 for the order which is stayed, plus $401 for the eviction which never happens, and of course, I must continue to pay all of the tenants’ utilities, and ensure that they have heat and water and hydro. Oh, and another $170 for an order re: the outstanding rent and damages.

Makes no never mind at all that they have not paid a single cent since a partial payment in October, or that they gave notice for the end of November, or that they are running around town bragging about how they’re getting away with screwing us over. Nobody cares that our Christmas was ruined and that we don’t have money to pay our own bills – just as long as we keep paying the bills for the tenants.

They demand that we repair the appliances they destroyed, the wall they ripped out, the patio door they demolished – and when we do make repairs, they immediately trash everything again. We, on the other hand, are told by police that we may no longer use our own basement unit because our running of the vacuum cleaner downstairs interferes with their enjoyment.

Seriously?! How is this in any way reasonable?

Perhaps we should just unlock the doors to the basement unit and let them have that too, since we can’t use it?

Maybe we should just sign over the deed – at least that way we wouldn’t have to keep paying for the insurance, taxes and utilities.

At any rate, eventually we do have the hearing. The instructions say that one must sign in by 9 am, and provide 3 copies of any evidence to be offered, and we do that. She, on the other hand, does not, turning up several minutes into the proceedings of our case. The hearing goes reasonably well – or so I thought. Turns out, not so much.

The adjudicator ruled that the male of the couple – the one that actually works, from whom we might eventually be able to garnishee wages to recoup some of the now $5000 and rising we have lost – is not a tenant of the unit. Had he mentioned that he was considering this, I would have had the opportunity to address the issue, and provide my evidence to the contrary. But this, apparently, was a secret. Not only that, even though the adjudicator found that my affidavit as to having received notice for the end of November was credible, and her denial was not, he decided that due to her circumstances it was “not unfair” to permit her extra time. So he extended her totally free tenancy to on or after 16 February.

How very charitable of him.

Toss out our only chance of repayment without so much as a discussion – and then decide that they should remain in the unit, on our dime, for an extra month.

Plus, of course, whatever time it takes the Sheriff to actually do his job this time; a minimum, they tell me, of 5 days, but probably longer.

So -  a partial payment of rent in October, and then not a cent more, and we’re on the hook until basically the end of February. But not to worry, we’ll get “an order”, which thanks to the oh so charitable adjudicator, is not even worth the stamp they used to mail it. To add insult to injury, after all this, they even get credit for their last month's rent - so what is the point of even collecting that?

But hey, I can spend another $50 to ask for a review of the decision.

And even if John is not added back onto the order, I can spend another couple of hundred dollars to enter my order against Christine in Small Claims Court. Perhaps someday she might actually get a job that I could garnishee. Not likely – and how would I ever find out about it? 

And in the meantime, they continue squatting in our house – now with heaters and other appliances running nonstop from every plug, and the windows wide open. And there is not a blessed thing we can do about it. I did call the OPP to ask for assistance with this, but it’s been 5+ hours now and they haven’t bothered to call me back.

Because nobody cares if deadbeats steal from landlords in Ontario.

The system is a complete and utter joke.

It is a disgrace.

OK, now THAT is just funny. I just called the OPP again ... guy asked the address, and said "Is this ------?"  Apparently she called them too - presumably to whine that I yelled at J about having a lot of nerve to be so rude to me when they are the ones who have stolen more than $6,000 from us, and that I slammed the door when I left.  Newsflash - even though you've changed the lock and refused to give us a key, it is still our door, in our house. I have a heck of a lot more right to slam the door than she does.

Or I should have, if this wasn't Ontario, where tenants have all the rights, and landlords have none at all.

SO INCREDIBLY IRKED

Got the paperwork back from our LTB hearing which took place on the 22nd.

We won - and the adjudicator STILL  managed to make sure it was us that lost.

Not only did he make a statement in the order that John - her partner who has lived there full time since May 2012 and who had a SIGNED LETTER OF INTENT TO RENT even - was not a tenant and therefore not liable and removed his name from the order (which means we will never see a fucking CENT), he also GAVE HER EXTRA TIME.

FFS!!!!  He was satisfied that she gave notice that she would be out by the end of November but he STILL thinks that due to her situation we should have to lose yet another month's rent which we will NEVER EVER SEE?

Must be nice to be so fucking charitable - with other people's money.

Anyone want to buy a house? Or two?

Surprise!

Apparently ~someone~ thought that we were blowing smoke about the notices we've given her re: paying rent and cleaning up garbage and so on ...

stopped by to deliver notices of hearings for the two of them last night and she seemed surprised that there would be hearings on OUR issues. Imagine us objecting to not being paid rent since October! To being locked out of our own house! To having police called if we ~interfere with her enjoyment~ by using the central vac downstairs (and actually telling us to go away!). To receiving regular letters threatening fines from the town for the garbage collection she keeps.  To having to deal with threats and BS from a variety of officials she calls and lies to.

Clearly, we are just terribly unreasonable.

Funny though - I was there to serve her notice of the hearing about not paying rent and once again, in spite of her claim that she keeps TRYING to pay me, not a single cent offered.

She might have been surprised by the whole interaction - me, not so much.

Clearly, I must be absolutely out of my ever loving freaking mind. According to the dirt squirrel's application for a stay of the eviction, she never gave notice, AND she's been offering me money repeatedly and I just "refuse" to accept it.

Excuse me?

SHE GAVE NOTICE. SHE did not pay November's rent and told us to apply her last month's rent toward it.

and she has never ONCE offered a single blessed CENT in rent.

I just decided I'd like to throw $5000 + down the shithole for no good reason cuz I -clearly - am insane.

Surely to God the adjudicator at the Landlord & Tenant Board will use just a wee bit of common sense? 

Sure hope so!

No restraining order yet

....but we did receive a call from a police officer wanting to know what R. did while at the job site.

Don't you just LOVE how the tenant can do one thing after another that is illegal and just plain WRONG - and yet it is the landlord that is constantly being told that the tenant has rights?

Ds and Mr. Ds are STEALING from us. They have illegally locked us out of our own property. And the police are complicit in all of it.

They are the ones that refuse to act to ensure that we are provided with a key.

They are the ones that kicked R. out of the basement unit for interfering with the ds' ~enjoyment~

And they are the ones that call us at 9:30 p.m. at night over stupid nonsense.

Thanks SO much for all your help, OPP.

As R. asked the cop on the phone -  are we just supposed to hand over the deed to the property, too?

RIDICULOUS.

Whatever

Too funny. The d.s. just called to threaten us because Ross stopped by Mr. d.s.' place of work to find out the company name.

Given that the name is clearly written on the side of the trucks and that they are working on a public hwy, I'm pretty sure that Ross is more than within his right to stop by and speak to the foreman about whatever he likes.

In any case, we now have the information we need about the company he works for...  which is, of course, important for later, once we have our order for more than $4k which they will owe us for rent and expenses by the time we have our hearing at the Landlord and Tenant Board in Ontario.

Can't garnishee wages if you don't know where they actually work, after all.

Silly dirt squirrel :).