Real Estate

Ontario rental rules

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  • Aug 21st, 2019 8:17 am
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Fernando Po

Ontario rental rules

As I've said before here, we're being evicted from the house we've been renting for 11 years so the "owner can move in". Not happy with the housing options around here, next to no house rentals and the houses for sale are overpriced crap. We've got a month left before we have to get out and are considering buying one of these crappy houses to hold us over then renting it out when we find something better (pref. not around here).

Now here's my question, can I lease it out for a year, then demand they sign another lease for the next year (or find other tenants) or is that against the rules? I just don't want problem tenants in my property and not be able to get rid of them. Seems Landlord/Tenant law in Ontario is rather unbalanced.
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hagbard wrote:
Aug 13th, 2019 4:45 pm
As I've said before here, we're being evicted from the house we've been renting for 11 years so the "owner can move in". Not happy with the housing options around here, next to no house rentals and the houses for sale are overpriced crap. We've got a month left before we have to get out and are considering buying one of these crappy houses to hold us over then renting it out when we find something better (pref. not around here).

Now here's my question, can I lease it out for a year, then demand they sign another lease for the next year (or find other tenants) or is that against the rules? I just don't want problem tenants in my property and not be able to get rid of them. Seems Landlord/Tenant law in Ontario is rather unbalanced.
If I understand the question correctly, you can’t “demand” they sign another 1 year lease. You could request they do. You can offer them incentives to do so, if it’s important to you. But if they chose to go to month to month, there’s not much you can do about it.

Why the concern over an annual lease? I don’t understand how that would protect you at all from problem tenants.

C
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CNeufeld wrote:
Aug 13th, 2019 4:57 pm
If I understand the question correctly, you can’t “demand” they sign another 1 year lease. You could request they do. You can offer them incentives to do so, if it’s important to you. But if they chose to go to month to month, there’s not much you can do about it.

Why the concern over an annual lease? I don’t understand how that would protect you at all from problem tenants.

C
Because I assume (I guess wrongly) that went the lease ends if its set for a limited time they have to leave if I tell them to with 60 days notice, whereas if they're month to month I don't have that option. Suppose I can always do what my landlord is doing and tell them I'm moving in.
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hagbard wrote:
Aug 13th, 2019 4:45 pm
As I've said before here, we're being evicted from the house we've been renting for 11 years so the "owner can move in".
This means the owner or his family must move in and live in the home for 1 year and are not able to rent it out during that time. Sounds like you think he may be evicting you illegally and really intends to re-rent his place to someone new to get higher rent?

If you think this, then after you move out you can continue to monitor the home to see if it's re-listed for rent, or re-rented, or listed for sale anytime during the 1 year. If it is, then you could file a complaint with the LTB that he evicted you in bad faith. If the LTB rules in your favour, he could be hit with a big fine (I think around $25K) and could owe you compensation for your losses (moving expenses, rent differential if you are paying higher, etc). Up to you if it's worth your time to do this for up to 1 year after you move out. Many owners get away with illegally evicting tenants this way since the tenants are ignorant of the rules or couldn't be bothered to follow up after they move.
hagbard wrote:
Aug 13th, 2019 7:52 pm
Because I assume (I guess wrongly) that went the lease ends if its set for a limited time they have to leave if I tell them to with 60 days notice, whereas if they're month to month I don't have that option.
As you guessed, that is wrong. Lease or month-to-month, you can't simply get a tenant to leave. Leases automatically turn into month-to-month in all cases after the lease ends. So the only way to get back your unit is basically to say you want it for personal use and then move back for 1 year. Or to sell the unit.

In general a lease really only benefits the tenant since the owner can't do much during this time, even for personal use.
Suppose I can always do what my landlord is doing and tell them I'm moving in.
Then you actually have to move in for 1 year. If you don't and instead re-rent it, see my first point above.

If you have a "problem" tenant, there are ways to evict them if they do certain things i.e. stop paying rent, does illegal things in the unit, breaks any other RTA rules, etc etc. To evict it can be a long and tedious process. A bad tenant who stops paying rent and knows how to game the system, could be in your place many many months before you're finally rid of them.

Make sure you know the RTA rules before becoming a landlord.
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rob444 wrote:
Aug 13th, 2019 9:13 pm
This means the owner or his family must move in and live in the home for 1 year and are not able to rent it out during that time. Sounds like you think he may be evicting you illegally and really intends to re-rent his place to someone new to get higher rent?

If you think this, then after you move out you can continue to monitor the home to see if it's re-listed for rent, or re-rented, or listed for sale anytime during the 1 year. If it is, then you could file a complaint with the LTB that he evicted you in bad faith. If the LTB rules in your favour, he could be hit with a big fine (I think around $25K) and could owe you compensation for your losses (moving expenses, rent differential if you are paying higher, etc). Up to you if it's worth your time to do this for up to 1 year after you move out. Many owners get away with illegally evicting tenants this way since the tenants are ignorant of the rules or couldn't be bothered to follow up after they move.
Shame on that unscrupulous landlord evicting his 11 year tenant! He must be up to no good! The anti-landlord rhetoric around here is nauseating.
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hagbard wrote:
Aug 13th, 2019 4:45 pm
As I've said before here, we're being evicted from the house we've been renting for 11 years so the "owner can move in".
You don't own the property, although I am sure in a few years they will come up with a law that if a tenant has lived there for more than a decade he/she can not be evicted under any circumstances.
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BiegeToyota wrote:
Aug 14th, 2019 1:24 am
You don't own the property, although I am sure in a few years they will come up with a law that if a tenant has lived there for more than a decade he/she can not be evicted under any circumstances.
Or maybe if thry rant over 10 years, thry automatically assume part ownership of the property.
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I dont think you can demand the tenant to sign a new lease after the 1st lease ends. (i might be wrong though)

Problem tenants can happen anywhere.. Its part of being a landlord. Be ready if it happens otherwise you might want to reconsider being a landlord.


hagbard wrote:
Aug 13th, 2019 4:45 pm
As I've said before here, we're being evicted from the house we've been renting for 11 years so the "owner can move in". Not happy with the housing options around here, next to no house rentals and the houses for sale are overpriced crap. We've got a month left before we have to get out and are considering buying one of these crappy houses to hold us over then renting it out when we find something better (pref. not around here).

Now here's my question, can I lease it out for a year, then demand they sign another lease for the next year (or find other tenants) or is that against the rules? I just don't want problem tenants in my property and not be able to get rid of them. Seems Landlord/Tenant law in Ontario is rather unbalanced.
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JayLove06 wrote:
Aug 13th, 2019 9:43 pm
Shame on that unscrupulous landlord evicting his 11 year tenant! He must be up to no good! The anti-landlord rhetoric around here is nauseating.
For the record, I think he probably is moving in himself. When we started he said his wife wanted to retire in this house. I know that a lot of landlords are using that as an excuse to get around the regulations and from what I've read they've been re-renting and selling with vacant occupancy with zero consequences (they're not enforcing their own regulations).
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hagbard wrote:
Aug 14th, 2019 7:55 pm
For the record, I think he probably is moving in himself. When we started he said his wife wanted to retire in this house.
FYI your use of quotes in "owner can move in", makes it sound like you're saying this sarcastically or that you really suspect this is not the case!
I know that a lot of landlords are using that as an excuse to get around the regulations and from what I've read they've been re-renting and selling with vacant occupancy with zero consequences (they're not enforcing their own regulations).
This kind of thing isn't enforced naturally. It's entirely up to the tenant who was evicted to spend the time and effort to monitor rental listings or track the home to see if the landlord relists it within 1 year. Only if they notice it's been re-rented, can the ex-tenant then go to the LTB to file a complaint and eventually attend a hearing against the landlord.

Most tenants after moving to a new place, probably just go on with their lives and forget about the old place. It would take a tenant with a grudge against the landlord or who really suspects landlord is cheating the system, to go through all this hassle.
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rob444 wrote:
Aug 14th, 2019 9:04 pm



This kind of thing isn't enforced naturally. It's entirely up to the tenant who was evicted to spend the time and effort to monitor rental listings or track the home to see if the landlord relists it within 1 year. Only if they notice it's been re-rented, can the ex-tenant then go to the LTB to file a complaint and eventually attend a hearing against the landlord.

Most tenants after moving to a new place, probably just go on with their lives and forget about the old place. It would take a tenant with a grudge against the landlord or who really suspects landlord is cheating the system, to go through all this hassle.
https://www.theglobeandmail.com/canada/ ... nants-out/
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Read the comments. While this guy is a bad landlord, there are some truly delusional tenants out there. Why won't the Globe write stories about terrible tenants and how the rules are heavily slanted to their side? Why no story? Also, why nothing from the landlord's persepctive. This anti-landlord trash has been going on for too long and it has forced stupid legislation that has made rents even higher.
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JayLove06 wrote:
Aug 15th, 2019 8:06 pm
Read the comments. While this guy is a bad landlord, there are some truly delusional tenants out there. Why won't the Globe write stories about terrible tenants and how the rules are heavily slanted to their side? Why no story? Also, why nothing from the landlord's persepctive. This anti-landlord trash has been going on for too long and it has forced stupid legislation that has made rents even higher.
You appear very biased, but I largely agree. I think landlords and tenants should reach their own agreements and put it in writing and let the courts decide. And if the courts are backed up, use the money from the regulatory body to fund the courts when they shut them down.
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JayLove06 wrote:
Aug 15th, 2019 8:06 pm
Read the comments. While this guy is a bad landlord, there are some truly delusional tenants out there. Why won't the Globe write stories about terrible tenants and how the rules are heavily slanted to their side? Why no story? Also, why nothing from the landlord's persepctive. This anti-landlord trash has been going on for too long and it has forced stupid legislation that has made rents even higher.
Because it’s the Globe where fair journalism goes to die.
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cartfan123 wrote:
Aug 18th, 2019 5:37 pm
Because it’s the Globe where fair journalism goes to die.
Amen!

Having worked there, at Globe & Fail, I concur.

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