Tenant Doesn’t Want To Screw Over Landlord

June 14th, 2014 · Landlord & Tenant Board, Property Management

I have a question! I’m living in a basement apartment that I know is not legal – though the landlord claims that it is.

1. First he said the apartment came with one parking spot – a grassy section to the right of the driveway.

2. There is a kitchen in the basement and when I went to use the stove the other day, the oven wasn’t working. I asked him to take a look and its been several days already.

3. Last week the toilet leaked (wax seal), but it leaked under the wall into my apartment. Because he was taking so long to fix it I fixed it myself and informed him. Then the next day, he came with (his so-called) contractor and replaced it again (and now its leaking again). When I replaced the wax seal, I noticed that the cement job under the toilet was done proper. and he claimed that they fixed it when they replaced the wax ring. but after it started leaking again, I got suspicious, so I checked and found that their wax ring wasn’t installed properly and they never leveled the floor.

3. In the spring, the whole house was invaded with carpenter ants and we requested the landlord have a specialist come in and spray. He claimed that the garbage bags were drawing the carpenter ants in and suggested we place the garbage bags outside in the shed (which has squirrels, raccoons and skunks) living inside. I figured that the ants were coming inside because of rotting wood from the sewage leak – which is still leaking.

Then today, he rented the main floor of the “3 apartment house” and previously he had suggested that I moved my stuff from the side of the house to one of the sheds (which one, the garbage shed or ) but anyways today I decided to move my stuff into the shed and he said that those sheds are for main floor and second floor only. Now he wants me to place all my things in the furnace room, which is already an illegal fire hazard.

I don’t want to go to the city and complain, just want him to fix the appliance, repair the toilet properly, unseal the basement windows so I have a decent fire escape, clean out the furnace room and give me a place for storage. Is that too much to ask – in exchange for “not claiming my rent” and allowing him to share my kitchen?

Let me know what I should do. I don’t want to screw him over!

Illegal Apartments Tenant Version

So when a tenant reports an illegal apartment to the city, if it is illegal the landlord will be forced to evict the tenant. Reporting illegal apartments is very nice and a civic service, but you should start packing before you call the city and your landlord is forced to throw you out.

So before calling the city and the fire department, you’d better know what exactly you’re doing. Also if your landlord kicks you out, it takes forever, if the city tells your landlord to throw you out, they have a bang up case of impaired safety.

Cheers!

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New Condo Renting and Managing

June 12th, 2014 · Property Management, Rental Property

patio 907 - 90 Stadium Raod

I’ve been renting and managing an ever increasing number of new condos. I’d love to manage more. You might think that renting a brand new condo is easy but there are some issues that can make renting a new condo to great tenants very difficult.

  1. The common areas are unfinished
  2. There is often no landscaping
  3. Amenities like the pool and gym are not ready
  4. General dirtiness of the building
  5. Hallways stacked with construction material
  6. Difficulties with appliances
  7. Parking/lockers not finished
  8. Finally the biggest problem of all…tons of competetion

You have to be very aggressive about your marketing and advertising to get tenants. If you are lucky people will be wanting to live in that specific building. I just rented a condo in the World on Yonge development (Yonge & Steeles) and that went within days of it being on the market.  I had a studio at Village On The Park in Liberty Village and that also rented fairly quickly. You have to be aware that there well be 30-50 almost identical condos renting in the same building. Being available to show the place on short notice is the biggest hurdle to encounter.

In any case I feel really lucky to be able to rent and manage so many exceptional condos but I must confess my favourite condo of all is one I just rented on 90 Stadium Road. It had about 900 square feet of inside space and the most gorgeous view of the lake and a 1000 square foot private terrace. Impressive and striking!

With thousands of new condos coming online in the next few years, I’m managing more and more of these income properties. Frankly I’d love to manage more, if you know of anyone that needs management or rental of a new or existing condo, send them my way and you’ll be much appreciated.

Cheers!

 

 

 

 

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Go Orange Capital LLC ! Re: Partner’s REIT

May 7th, 2014 · League REIT Updates, Partner's REIT Updates

Drops On Bright Orange Flower
A Guy Taking Pictures / Foter / Creative Commons Attribution 2.0 Generic (CC BY 2.0)

This morning brought me news of attempted malfeasance at Partner’s REIT. The Interim CEO Ron McGowan packed up his toys and went home. resigned. Here is the list of allegations by Orange Capital LLC.

I don’t think it’s a coincidence that League Assets is in CCAA and that the other company formerly run by Adam “Value Destroyer” Gant and Emanuel “Don’t Know The Numbers” Arruda has a culture of going along to get along and looking the other way when ethics violations are in play.

Orange Is Calling For An Independent Forensic Audit

From what I’ve learned observing League and their unwinding. Here’s what they should be looking for and at.

  1. Building Valuations and Appraisals
  2. Inappropriate Loans with excessively high interest payments that benefit related parties.
  3. Intercompany loans
  4. Excessive Leverage
  5. Mortgages and then second and third mortgages.
  6. Non arms length transactions
  7. Understated vacancy
  8. General bad building performance
  9. Neglect and lack of fiduciary responsibility
  10. Lack of maintenance and basic building care

The same sickness and ineptitude coupled with bad practices in building management that were responsible for the League failure must have also been reflected at Partner’s REIT. There is evidence of that, the revolving door of staff, the loans to League that would get paid back before the quarter was up, the hiring and firing of the trustees, poor governance at LAC, and the subsequent announcement that Partner’s would be hiring from the freshly fired employees that worked at League. All point to a culture of deceit and dishonesty.

If Partner’s is to survive it’s well past time for a “Come To Jesus” with new governance and new focus on asset performance. That is how REIT’s make money. They buy assets and lease out all the space and upgrade their assets.

I for one do not believe their latest financial statements with their claims of 100% occupancy of most of their assets. I just don’t believe that Adam “Value Destroyer” Gant and Emmanuel ” Don’t Know Numbers” Arruda were capable of that kind of governance at Partner’s REIT while completely stripping all the assets at League of any equity and neglecting their buildings to the point of unleasability. The League mall in Langley that was recently sold had a 28% occupancy rate or a 72% vacancy rate.  I don’t even know how that’s possible.

Partner’s REIT needs to rise from the ashes, but it will be a long time before these buildings get turned around and perform the way they should. For now I commend Orange. I really really do. Know you are awesome.

Trustee  Lindsay Weiss gets the hell out of dodge a mere 27 days after taking the job of trustee on.

Then poor little Partner’s REIT was pressured into taking money from big bad Orange and Orange is even calling them daily. Whew sounds really hard.

A forensic audit is well overdue at Partner’s REIT and may well find it already insolvent but if there is any hope of saving the company, hard truths must be realized. After all how do you work on a problem that you refuse to admit exists?

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Enercare Extorts Landlords…

March 27th, 2014 · Commercial Property, Landlord Advocacy, Property Management, Rental Property

Grumpy Mary
country_boy_shane / Foter / CC BY-ND

Oh Enercare, I think it is beyond time that the Ombudsman got a report about your behavior. Long story short a tenant from hell left one of the most beautiful condos in the city of Toronto a complete disaster and a large electricity bill. After the landlord regained possession by evicting the tenant, she called Enercare to get the electricity turned on. Enercare will not turn on the electricity until she pays her tenants’ electricity arrears. Enercare won’t even bill the landlord but insists that she pay the tenant’s arrears. Enercare won’t even show the landlord the tenant’s bill, because of privacy concerns.

Landlords Forced To Pay For Tenants Utilities

I’ve discussed this before regarding municipalities forcing tenant’s water arrears onto landlord’s tax bills. With an example like that what would stop companies like Enercare from extorting landlords? Nothing even though they know it’s illegal.  Mostly because of this ruling… Bracebridge Hydro Electric Commission v. 796479 Ontario Ltd. (Gen. Div.), 1991 CanLII 7049 (ON SC)

Because there is a very definitive ruling on the legality of what Enercare is doing, I wrote them this email several days ago. When the owner called today, they had no record of the email.

Monday March 24th 2014,

 

Enercare Connections Inc

Customer Care Center

P.O. Box 4638 Station A

Toronto, Ontario

M5W 5C7

 

Attention Legal Department,

 

Re: 907 – 90 Stadium Road Toronto, Ontario M5V 2Z7

 

It is my understanding that you have told the owner that she must pay Enercare the outstanding electricity arrears owed by the tenant.

According to current law, Enercare is not allowed to withhold electricity from the unit and by doing so is harming the owner. The unit cannot be rented until the electricity is turned on.  The landlord continues to lose money because of Enercare’s extortion.

The landlord has no obligation to Enercare to pay the electricity consumed by the consumer . Enercare has even refused to share the bill with my client because of “privacy issues” Surely the 3 lawyers employed by Enercare (as disclosed by the CSR) could recognize the absurdity created by this situation.

Enercare had every opportunity to mitigate their losses, first by requiring a deposit or by turning off the power.  The landlord had no such opportunity and it is for that reason that the landlord will not pay the electricity bill.  The landlord had no agreement with Enercare, nor were they invoiced or advised that they were responsible.

If Enercare continues to harm the landlord by failing to provide electricity as they are required to by law, damages will continue to accumulate as the unit remains without power and unrented.

The landlord has agreed to pay the reconnection fee $240.00 which must be invoiced to her.

 Rachelle Berube

Bracebridge Ruling

Here’s the interesting part… and the part that consistently gets municipalities water billing policies overturned when fought in court. Because if you don’t want to get a lawyer and fight you have no rights…just whatever people tell you to do. Below is the very specific excerpt from the lawsuit.  See those utilities are in business to make money and they do make money, but now they want the landlords to take all the risks when they are the only people who can do something (like get a security deposit) to avoid risk. Or shut off the Hydro or the water. The landlord is specifically forbidden to do that.

The issue is whether the Commission has the authority to require the landlord to sign as guarantor for the tenants in order that the tenants may receive a supply of hydro from the Commission.

As counsel for the respondent pointed out, none of the tenants are parties to this application, nor have they been served with notice of the application. They would therefore not be bound by any decision in this application.

It is the respondent’s position that there is no statutory authority for the Commission to demand such guarantees as it is the respondent’s position that the Commission is a statutory body and only has the power to do those things which the statute permits it to do.

The respondent further argues that the Commission is requiring the landlord to do things which he is not permitted to do under provincial statute. In particular, the respondent argues, the Landlord and Tenant Act, R.S.O. 1980, c. 232, does not permit the landlord to obtain a security for deposit for non-payment of hydro supply. Nor does the Landlord and Tenant Act permit the landlord either to cut off the supply of hydro for non-payment by the tenant of his hydro, nor can the landlord request that the Commission cut off the supply of utilities for non-payment.

Section 84(1) [subsequently rep. & sub. S.O. 1987, c. 23, s. 3] of the Landlord and Tenant Act provides:

(1) A landlord shall not require or receive a security deposit from a tenant under a tenancy agreement entered into or renewed on or after the 1st day of January, 1970 other than the rent for a rent period not exceeding one month, which payment shall be applied in payment of the rent for the last rent period immediately preceding the termination of the tenancy.

Section 121(4)(a) [subsequently am. S.O. 1989, c. 72, s. 18] reads:

A landlord shall not,

(a) withhold reasonable supply of any vital service, such as heat, fuel, electricity, gas, water or other vital service, that it is his obligation to supply under the tenancy agreement or deliberately interfere with the supply of any such vital service whether or not it is his obligation to supply such service during the tenant’s occupation of the premises and until the date on which a writ of possession is executed …

The respondent argues that the Commission has power which the landlord does not have. These powers are adequate to protect the Commission’s interest and the Commission can require the tenant to give a security deposit to obtain utility. The Commission can cut off the utility for non-payment of the utility account by the tenant. The landlord has no similar powers. The Commission’s requirement that the landlord give a guarantee is unnecessary when considered with the Commission’s other rights.

The respondent argues that the requirement of a guarantee by the landlord is, in effect, asking the landlord to do something which the landlord cannot do under the Landlord and Tenant Act. It is contrary to the principles of the Landlord and Tenant Act. The landlord argues that if it has to give a guarantee then the landlord would need a security deposit and the right to cut off power for non-payment of the power account to support its guarantee.

Enercare stop your extortion, take your lumps like every business and stop whining like a little bitch and trying to get the landlord to pay you money that they don’t owe. It’s just sad and dirty and sleazy. Did I mention that there’s an inquiry into Hydro One billing practices at the Ombudsman office? I wonder how nice it would be if it were extended to Enercare? Surely getting landlords to pay tenants electricity bills would be something that would interest the Ombudsman…

Happy Thursday!

 

 

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League Investors Join Forces

March 17th, 2014 · League REIT Updates, REIT

Ballet 3
rolands.lakis / Foter / CC BY

League investors are getting together to fight. So far the monitor PWC and the investors’ lawyer Faskens has not had any good news at all about recovery of the $370,000,000 taken from 4200 investors that are victims. They are breaking out of the shame and guilt and working together for the following stated goals.

Goals of the group

  1.  Getting invested money back
  2.  Making sure culprits are punished
  3. Getting a law passed by Canadian Federal Government to prevent such crimes in the future.

Benefits of the group

  1. Collective brainpower
  2. Collective influence
  3. Collective resources such as time and effort

The idea is to use the least money possible for the best possible gain. We count among the 4200 investors people with uncountable intellectual and professional resources that are currently untapped as the group waits ineffectually for “someone” to provide an answer and direction.

Contact Information For The Group

Closed Facebook Group For League Investors

leagueinvestors@gmail.com

Please share these addresses with as many League Investors as you can.

As one of our current fantastic members said  “I hope it is understood that “United we stand; Divided we fall”. Everyone involved has a family, business and other things to take care of. It is important that we spend time to recover what we invested as equally important to earn in future. This means we need to everyone to participate in attending calls, volunteer to part of this project related activities mentioned in the plan.”

“The harder you fall, the heavier your heart; the heavier your heart, the stronger you climb; the stronger you climb, the higher your pedestal.” Criss Jami

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