Real Estate

Landlords, help your own cause.

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  • Jul 25th, 2021 3:23 pm
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[OP]
Deal Fanatic
Jul 3, 2011
6517 posts
3793 upvotes
Thornhill

Landlords, help your own cause.

Landlords and agents representing landlords. You're not helping your cause at all when looking for (tenancy) law abiding tenants if your lease applications and agreements demonstrate you're either ignorant of the tenancy laws or shadiness.

I submit that some of the problems we read about in media and in this forum can be significantly minimized when clauses such as follows are never used in any form. These are actual clauses pertaining to just one building’s rental listings. Attracting the better tenants starts with putting your best self forward.
____________________
This clause is meaningless - the tenant in default at expiration of the lease term will remain in possession until they are evicted by an order
Tenant, if not in default hereunder, shall have the option, by written notice, given to the Landlord at least 60 days before the end of the lease term, to renew the lease for a further year term or on a month to month basis.
There is no excuse for ignorance by anyone especially that of an agent who is supposed to know better and not place their client at risk of fines for breaking the ACT.
Tenant agrees not to have any pets of any kind on the subject property.
Placing a clause with verbiage like this into an agreement that is given to a tenant to sign is a landlord imposed/coerced term and is not being voluntarily offered by the tenant..
The Tenant to voluntarily provide ten (10) post dated cheques for the balance of the lease, on or before the occupancy.
Ditto! Agent obviously doesn’t understand the difference between ‘shall’ and ‘voluntarily.’
Tenant shall, for the convenience of both parties, voluntarily provide the Landlord with… and ten (10) post dated cheques covering the remainder ten months upon occupancy.
This is a ridiculous clause, requiring the tenant to set up utilities in their name but to provide the landlord with a deposit for same for which the LL is not responsible..
Tenant also agrees to set up account with electricity/utilities company concerned for the electricity/other energy used before the commencement date and agrees to provide ______________MANAGEMENT with confirmation by the electricity/utilities company before the lease commencement date. Tenant agrees to pay a $200 non interest bearing deposit in the form of certified cheque made payable to ____________MANAGEMENT for the utility consumption before the commencement date of the lease and this deposit is refundable by the landlord, less deduction, at the expiry date of the lease.
This lease management company was the worst clause offender and has no clue what they’re doing. There is a prescribed maximum and this is not it!
Tenant/s agrees: To pay $50.00 for any NSF rent cheque.
If you don’t know this one is unenforceable, you’ve never acquainted yourself with tenant rights.
Tenant/s agrees: Not to keep Pets in the suite.
Worse is if you don’t know this breaks the law
Tenant and Landlord agree that an accepted Agreement to Lease shall form a completed lease, Residential Tenancy agreement (standard form of lease) and no other lease will be signed between the Parties.

The Key/fob deposit is the only deposit a landlord may collect and it cannot exceed the actually cost of the keys. Even if the “deduction” was allowed, it would be unenforceable here because of its ambiguity. Agents shouldn’t be writing ambiguous clauses.
Tenant/s agrees: To pay a $200 non interest bearing deposit for each set of keys (maximum 2 sets); such deposit is refundable by the landlord, less deduction, at the expiry of the lease.
Fees are the same for all units and cannot be applied against damages to the unit.
TENANT agrees to provide the landlord $300 (Three Hundred Dollars) as Key Deposit and the landlord shall provide 1 (One) set(s) of keys at the start of the lease: 1 (One) Key(s) of unit door, 1 (One) FOB for building and garage , 1(One) Key(s) of Mail Box , 1(One) Key(s) of Locker. The deposit will be returned to the tenant upon all the key(s)/Fobs are returned to the landlord at the end of lease if nothing damaged when the tenants move out except naturally wears and tears out.
Another illegal fee and for an obligation that is solely the landlord’s
TENANT shall be responsible for all minor repairs to all fixtures and appliances provided by the Landlord up to and including the first $100.00 per item repair and the Landlord shall pay for the balance. Any repairs required and reported to the Landlord on the first month of occupancy will be exempt from $100.00 deduction
Similar attempt, this one expects tenant to take the unit as is but pony up for wear and tear.
Tenant agrees to perform minor maintenance of the premises at his/her own expense, such as replacing burnt light bulbs and rubber washer of water faucet at the cost up to $100. Tenant warrants all above noted all chattels and fixtures should be in working condition upon termination of this lease. …Tenant agrees to take the premises in "as is, where is" condition.
Not enforceable no matter the wording
The Tenant acknowledges they are responsible to check, clean and replace the following at their own expense as often as required: ● the filter in the furnace, ● the lint traps in the dryer, and ● damaged light bulbs.
Rent covers a 24/7 service which the LL cannot opt out of
Tenant agrees that no actions, claims, rent abatement, liens, charges or application should be against the Landlord due to any inconvenience or failure of any mechanical, electrical or water system arising which may have been or may hereafter be sustained in connection with the building or leased property beyond Landlord's control.
Another
Tenant hereby agrees to pay for all cost, legal and otherwise, incurred by the Landlords in the collection of overdue and prepaid rent but not limited to all cost of service of documents, location of tenant and legal fees incurred by the landlords.
Yet another cash grab attempt. With very few exceptions, deposit institutions are barred from holding Canadian issued cheque funds for more than 8 business days and 0 day hold for wire transfers. The instant a tenant hands over a cheque to a brokerage they should not accept anything longer than 10 business days.
In the event a transaction is mutually released and becomes null and void, ________Group, Brokerage will issue a trust account Cheque for return of the deposit, to the party designated by the fully and properly executed mutual release, not before Ten (10) Business Days (for Certified Cheques or Bank Drafts) and not before Twenty One (21) Business Days (for Uncertified Cheques) from the date the funds were deposited into our trust account
One more Illegal fee
The Buyer must provide the deposit cheque in certified funds, bank draft, money order, direct deposit or electronic wire transfers. [uFor electronic wire transfers, the buyer agrees to a $20 service charge payable to the Deposit Holder. The $20 shall be added on top of the deposit amount.[/u]
Landlords don’t get a free pass to infringe upon any right to privacy without due cause. Plus it too is ambiguous.
The tenant agrees to allow a representative from ___________MANAGEMENT INC. to do a monthly inspection on the unit providing 24 hours notice to the tenant.
No they don’t, not ever!
Landlords shall also have the right for re-entry for non-payment of rent or non-performance of covenants.
Quoting the RTA incorrectly doesn’t help
Landlord retains the right to inspect and to do repairs inside the premises if necessary at least once in every three month period upon notice being given to the Tenant in accordance with the Residential Tenancies Act.
Rewriting the RTA doesn’t work either
Provided that the Landlord and Tenant have agreed to terminate…the Tenant agrees to allow the Landlord or his or her Agent to show property to potential Tenants/Buyers between 9am and 9pm…
Cute clause, better be accompanied by properly calculated rent if there’s to be any chance of enforcing it, which there isn’t
Tenant agrees on the termination date and time of the lease is 5:00pm on, unless the lease is extended.
Insipid clause
Tenant covenants with the Landlord that the Tenant will not keep any pets in the leased premises and do not smoke.
It’s been 4 years since such a clause was rendered moot. At the very least every landlord and agent should know about the no pet clause and this. Agents so seriously uninformed place their clients at risk for more serious offences they don’t know to protect against.
LANDLORD and TENANT agree that an accepted offer to lease shall form a completed lease and no other lease will be signed between parties.
And this tenant right has been around for decades
The regular occupant in the leased premises shall only be those persons whose names are provided in the rental application.
This LL and agent is being more egregious - deny rights and invade privacy too.
It is understood and agreed by the Landlord and the Tenants that only people listed on the rental application will be living in the premises during the entire lease term and renew term if applicable. It is also understood and agreed by the landlord and the Tenant that the entire premises is for tenant own use, no sub-lease is allowed. Tenant agrees to provide copies of passport photo page and driver's license of all occupants to landlord on or before closing.
Useless clause taking up space created by someone who should not be crafting clauses.
The Tenant shall cooperate with the Landlord to provide access for the Landlord's agent [ or any TREB agents in multiple listing system] to show the property to prospective purchasers or tenants [60 days before lease terminate for new Tenant ], prior to the Termination of the Lease term.
Another Useless clause that has no business being crafted. It gets the LL sued
Tenant covenants and agrees to abide by the Rules and Regulations of the Condominium Corporation as amended from time to time, and all requirements of the declaration/or by-law thereof; if applicable…If any of these rules are violated by the Tenant, the Landlord and the Management shall have the right to evict the Tenant with thirty [30] days notice.
And another but for the sheer stupidity and terrible wording of it, it would get the LL sued and charged for Human Rights Violations
Tenant agrees not to keep any pets, no smoking, and no intensive indoor cooking that yields any lasting odor including barbecue, grilling, etc. within the premises

Pure idiocy now! A 367 day insurance policy to make tenant liable for a unit they’re not in possession of
Tenant agrees to buy a insurance policy package effective starting from one day prior to the commencement of this Lease and expire one day after the expiration date of this lease with the liability converage
Real estate version of protection racketeering disguised as a volunteer yet illegal deposit
Tenants voluntarily agrees to provide a refundable $1,000.00 cleaning/demage deposit for the premises and furniture. Furniture & supplies include: - Hallway - entrance storage bench, white glossed cabinet - Hallway Closet - shoes rack, shoes placemat, fire extinguisher, shark vacuum cleaner and portable vacuum cleaner - Bedroom across from the bathroom with stand shower - queen size mattress with box - Berdoom with an ensuite bathroom - queen size mattress, white storage with 2 boxes, dark - Ensuite bathroom - bamboo towel rack, 2 laundry baskets, shower curtain - Dining room - extended glass dining table, two dining chairs, paper shredder, plates and glassware in the kitchen cabinets - Living room - L-shape cream colored couch, frame with 4 mesh baskets storage, floor lamp
Extortion - when you don’t know the RTA nor the Interest Act
Tenant agrees to pay a charge of 1% interest per month on late payments.
26 replies
Sr. Member
Aug 17, 2018
629 posts
1127 upvotes
Great post!

I also do not understand why landlords complain when a tenant simply abides by the law. Yes, it heavily favours the tenant, but as a landlord you should have known the law BEFORE you bought a property and decided to become a landlord. If you do not like the rules and laws that exist in Ontario, there are plenty of other jurisdictions out there where things are not heavily tilted towards tenants.

You decided to play this game here, so stop complaining or bypassing the law when you do not like the rules. You do not like the RTA or LTB? Well, become a landlord somewhere else.

Many landlords that put in clauses like the above prey on people that are new in this country that simply do not know their rights yet, whether they are new immigrants or international students. It is sad.
Newbie
Jul 23, 2021
91 posts
115 upvotes
Good stuff.

If listing agent wants these conditions in the schedule, what would you do?

For the 10 months rent advance, if you don't pay, I'm sure you won't even get access to the unit and ltb can't help you here. The other ones are unenforceable but at least you can move in and squat.
Deal Addict
Mar 2, 2017
3510 posts
6822 upvotes
Toronto/Markham
Some of those are really bad, definitely scumbag LL level.

The rest I think are a reflection of what bad tenants have created and LL's poor attempts of addressing the un-addressable.
RE Broker
Deal Fanatic
Feb 4, 2010
6916 posts
6689 upvotes
Having heard all the nightmare stories, I will never rent out my home - at least not in Ontario but if I were, I'm thinking it would be worth he extra $$ to have a lawyer draft up a rental agreement that is not only compliant with LBT rules but doesn't give tenants any loopholes. Is this not reasonable?
Deal Addict
Mar 2, 2017
3510 posts
6822 upvotes
Toronto/Markham
No, you are pissing money away.

Screen your tenants well and you won't have issues. Every landlord has had a hiccup here and there, but they still do it because it's worth it. Real life > stories on the internet.
RE Broker
Deal Addict
Jul 22, 2009
2037 posts
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Brampton
Man that's a long post.
Deal Expert
Feb 29, 2008
19944 posts
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Tarrana & The Ri…
Will you make the same thread for tenants? Smiling Face With Sunglasses
Deal Expert
Feb 29, 2008
19944 posts
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Tarrana & The Ri…
hierophant wrote: Having heard all the nightmare stories, I will never rent out my home - at least not in Ontario but if I were, I'm thinking it would be worth he extra $$ to have a lawyer draft up a rental agreement that is not only compliant with LBT rules but doesn't give tenants any loopholes. Is this not reasonable?
Agreed. Ontario is a cesspool. As I've said, I will be liquidating my rentals when I can. I will invest elsewhere. Some landlords have no idea how bad things can be when they find a bad tenant...and we're seeing more of them now...and with all the articles and information out there on how tenants can skirt their responsibilities with no punishment things will just get worse.
Deal Expert
User avatar
Jan 27, 2004
51283 posts
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ONTARIO
hierophant wrote: Having heard all the nightmare stories, I will never rent out my home - at least not in Ontario but if I were, I'm thinking it would be worth he extra $$ to have a lawyer draft up a rental agreement that is not only compliant with LBT rules but doesn't give tenants any loopholes. Is this not reasonable?
No the rules are set and the same for everyone.
There's really no "loop holes".

For example the people who don't pay rent while waiting for a LTB hearing. That's not really a loop hole. Its just court process takes long. It can also be mitigated when papers are filed correctly and promptly.
Pandemic did make things take longer. But the pandemic did that for EVERYTHING , even something we take for granted like a hair cut.
Deal Fanatic
Feb 4, 2010
6916 posts
6689 upvotes
UrbanPoet wrote: No the rules are set and the same for everyone.
There's really no "loop holes".

For example the people who don't pay rent while waiting for a LTB hearing. That's not really a loop hole. Its just court process takes long. It can also be mitigated when papers are filed correctly and promptly.
Pandemic did make things take longer. But the pandemic did that for EVERYTHING , even something we take for granted like a hair cut.
Hmm I'm confused...what's the point of this thread then? What difference does it make what clause is included/excluded?
Sr. Member
Sep 23, 2011
521 posts
834 upvotes
Vaughan
hierophant wrote: Hmm I'm confused...what's the point of this thread then? What difference does it make what clause is included/excluded?
If some landlord includes a clause that is "not kosher" from the LTB standpoint I would imagine that it opens them up to future risk (e.g. there's a hearing and LTB sees all these clauses that should not be there). If I were a landlord I'd want to know this information. As a tenant as well. The more people on both sides know the rules the better it will be for everyone.
Deal Fanatic
Feb 4, 2010
6916 posts
6689 upvotes
Saniokca wrote: If some landlord includes a clause that is "not kosher" from the LTB standpoint I would imagine that it opens them up to future risk (e.g. there's a hearing and LTB sees all these clauses that should not be there). If I were a landlord I'd want to know this information. As a tenant as well. The more people on both sides know the rules the better it will be for everyone.
Ah ok so it's to better understand the rental clauses/contract vs. crafting one - make sense. Thanks.
Deal Addict
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Nov 26, 2003
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In theory one of the primary purposes of the OSL to begin with was to render most of these predatoey clauses moot
Deal Expert
Feb 29, 2008
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Tarrana & The Ri…
Clauses exist because bad tenants do bad things. And while bad landlords do bad things...but there are repercussions for that. Nothing for tenants. That's the problem. Maybe that thread will be created.

Tenant can trash a property and face 0 repercussions. Stop paying rent...nothing. Both parties should be punished for wrongdoing.
Deal Addict
Mar 2, 2017
3510 posts
6822 upvotes
Toronto/Markham
hierophant wrote: Hmm I'm confused...what's the point of this thread then? What difference does it make what clause is included/excluded?
I think the point the OP is trying to make is that landlords have a false sense of security over clauses that wouldn't hold up in a hearing and are effectively useless - potentially can work against them. At least that's my understanding.
RE Broker
Deal Expert
Feb 29, 2008
19944 posts
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Tarrana & The Ri…
RichmondCA wrote: I think the point the OP is trying to make is that landlords have a false sense of security over clauses that wouldn't hold up in a hearing and are effectively useless - potentially can work against them. At least that's my understanding.
Yes. Seemed like there was a bit of contempt in there as well.
Sr. Member
Aug 17, 2018
629 posts
1127 upvotes
JayLove06 wrote: Clauses exist because bad tenants do bad things. And while bad landlords do bad things...but there are repercussions for that. Nothing for tenants. That's the problem. Maybe that thread will be created.

Tenant can trash a property and face 0 repercussions. Stop paying rent...nothing. Both parties should be punished for wrongdoing.
Well complain to your MPP about that. A random a post or thread on RFD is not going to anything.

OP's post is educational and shows what clauses are illegal and why.

Again, if you do not like the rules, do not play the game.
Deal Expert
Feb 29, 2008
19944 posts
18687 upvotes
Tarrana & The Ri…
JanZ95915 wrote: Well complain to your MPP about that. A random a post or thread on RFD is not going to anything.

OP's post is educational and shows what clauses are illegal and why.

Again, if you do not like the rules, do not play the game.
Expected response from you. I have complained to multiple levels of government. It’s a waste of time. But if you have a problem with me warning prospective landlords then put me on ignore and move on with your life.

I will complain about it every chance I get just like how you complain about landlords. Hopefully it will help those who are interested in getting into this “business”

The laws are heavily favoured the tenants way. Even if you go to court and win, you still will have a hard time collecting. People need to know that.
Sr. Member
Aug 17, 2018
629 posts
1127 upvotes
JayLove06 wrote: Expected response from you. I have complained to multiple levels of government. It’s a waste of time. But if you have a problem with me warning prospective landlords then put me on ignore and move on with your life.

I will complain about it every chance I get just like how you complain about landlords. Hopefully it will help those who are interested in getting into this “business”

The laws are heavily favoured the tenants way. Even if you go to court and win, you still will have a hard time collecting. People need to know that.
I have no problems with landlords in general, as long as they do not try to screw over tenants with illegal clauses or other activities. The problem I have is with landlords that try to go around this and even make it with their "Wynne evictions / renovictions" stories to blogto and primarily want to rent to international students because they can be more easily exploited.

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