David Strashin – Lawyer & Landlord Super Hero

September 7th, 2016 · Landlord & Tenant Board, Property Management, Real Estate Lawyer, Rental Property


The other day my friend sent me a link to a Star Article about gaming the Landlord & Tenant Board System. He asked me if I had seen the article and I was actually in the process of dealing with a case identical to it.

Enter The Prostitute “Miss Kitty”

Many years ago when I was  a baby property manager with my very first portfolio of properties, I had the pleasure of dealing with a tenant that my predecessor had seen fit to rent to… after he was fired. This tenant was unlike the other tenants for several reasons, first she was a prostitute and she changed her message every day. This was a source of endless mirth for the office ladies in accounting, and we would call her to collect the rent on speakerphone so we could all hear the latest creative ad on her voicemail.

The second reason she was different was because after we had evicted her for non payment of rent, she appealed her eviction to Divisional Court. That was the first time I met David Strashin, and she actually had someone show up in court a few days after the September 11 attacks and claim that she was ministering to the victims of September 11th. That was my introduction to the world of pathological predatory tenants who will say anything and do anything to live a free life at the expense of their real victims, their landlords.

Enter “Mr Mercedes”

Recently I have had another opportunity to deal with David, as another tenant takes full advantage of the loopholes in the law to rip off a landlord to the fullest extent possible with almost a year in unpaid rent.  This joker’s wife works full time and he drives a Mercedes.

Like the prostitute many moons ago, the entire game with this tenant is to get free rent and take advantage of the system. Justice Matlow, a divisional court judge, said in this judgement, “My recent experience sitting as a single judge of this Court to hear motions has convinced me that there is a growing practice by unscrupulous residential tenants to manipulate the law improperly, and often dishonestly, to enable them to remain in their rented premises for long periods of time without having to pay rent to their landlords. It is practice that imposes an unfair hardship on landlords and reflects badly on the civil justice system in Ontario. It calls for the Government, the Landlord and Tenant Board and this Court to respond.”

That was in 2012 and 4 years later nothing has been done to close this loophole in the system.

The Basic Order Of Events In Non Payment Cases

  1. The tenant doesn’t pay rent or the rent check goes NSF
  2. Fill out and deliver an N-4
  3. Wait 14-15 days
  4. Fill out an L-2 and apply to the Landlord & Tenant Board for a Court Date
  5. Wait a month or two months until you get a court date.
  6. Go to a hearing at the Landlord & Tenant Board.
  7. It your paper work is correct, you will get an Order
  8. Wait up to 10 days for the Order to be written
  9. The Order gives them another 11 days to pay up.
  10. Your tenant may first “Review” the Order, in Mr Mercedes’s case he agreed to a payment and didn’t make the payments. Regardless they will be granted another hearing most of the time, even when they didn’t show up even without proof.
  11. You will wait for another hearing…
  12. If you didn’t lose, which is pretty hard to do in non-payment of rent cases (They can pay you after all. )Another Order gets issued.
  13. You wait 10 days for the Order to be written and about 5 days for mailing… again
  14. You take this Order or you may have taken the previous Order to the Sheriff for Enforcement and pay $340
  15. They take their sweet, sweet time, mail a letter etc. to the tenant telling him that the eviction is coming.
  16. Wait at least 3 weeks more.
  17. You will get a sheet that says “Call the sheriff on this date” with a two hour window… Don’t forget or you have to pay them again, like you have an extra $200 for the goddamn Sheriff at this point.
  18. By this time 4-6 months have elapsed and you have subsidized your tenant’s lifestyle to the tune of thousands of $$$. Don’t worry ! It gets worse because your tenant is one of the greedier leechier types that will take things to the next level.
  19. The tenant Appeals the Non Payment of Rent Order to Divisional Court. Here you are in a rather elite crowd of scumsuckers. These are the real professionals and they have game.
  20. You cannot waste time here, there is a limited window of opportunity to “quash” their motion to appeal. (Stop their bullshit)
  21. Unless you are familiar with Divisional Court, you will need a lawyer here and you need a lawyer that knows Landlord Tenant Law. David Strashin is one of those rare lawyers.
  22. If you wait too long to get your lawyer and fight their Appeal right away, you will have to wait for a regular court date but that may take 6 months or more. A long, damn time.
  23. Now most of these cases have no merit, lets face it if they wanted to pay they would have. But… here we are, the final gasp in the system, hopefully their Appeal will be denied, and you will get another court document lifting the “Stay of Eviction”
  24. Next you take that court document to the Sheriff (Enforcement Office) and after they go through their process of mailing etc, they will show up to a house that will 99% of the time be empty and your soul stealing tenant will be some other poor landlord’s nightmare. Why not? It’s not like they will be punished in any way or have to pay you back.
  25. All that will be left to remind you of your tenant will be a Court Order with a big number that they owe you, but like those Reader’s Digest contest entries where you win a million dollars, chances are you will never see a penny.

Bad tenants are like microorganisms, just hope for the common cold, a couple weeks and they’re gone. Other tenants are like MRSA, they fester and take a while to get rid of. The worst bunch are like a case of C.Difficile and Necrotizing Fasciitis combined, you’ll have to eat shit to survive and you may lose a limb in the process.

Bad Tenants… 0/10 I would not do again.


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Why Are Condos So Crappy ?

September 5th, 2016 · Property Management, Rental Property

21 Nelson

I’ve rented a lot of condos, and I’ll rent thousands more I’m sure. I’ve seen my share of awful layouts, bad treatment from security, substandard common areas, unfinished buildings and more recently absence of parking.  After this weekend and the lack of power at Cityplace… 3 times this week, someone has to ask this hard question.
I have a theory about why a lot of situations exist.  Investors buy condos pre-construction, from plans. Developers can pretty much change whatever they want, add what they want, remove what they want and you have to suck it up. Investors mostly care about how much money they will make. They will never live in the place, chances are they will just rent out the suite for a year or two then sell it.

The developer is therefore marketing their product to the investor who just wants to make money and will never live in the suite. This is why I have to rent two bedroom condos with no room for a full size sofa in the living room because of concrete pillars. Another place I rent has three bedrooms in 900 square feet and a very small combined living dining kitchen room. At least you can fit a full size sofa in, but as one of the only 3 bedrooms I’ve seen built in this city, it’s completely impractical for a family. I’m 99% sure this developer did not put this weird sprinkler system in his brochure.

2016-03-04 17.23.18

That’s what happens when you buy a unit at a side of the building that firetrucks can’t reach with their hoses. In any case it’s ugly as hell and probably not what wifey has in mind when she’s planning window treatments.

That’s my point, the reason that condos are so crappy is because the person who ends up living in the condo is not the person who purchased the condo. With the HST, it’s likely that the first person to live in the condo is either the investor or a tenant. Tenants are selective but aren’t as picky as buyers. In fact an argument could be made that most condos in this city are not marketed to the end user.  This creates a complete disconnect between what the end user user needs and the product available.

Condos As Glorified Hotel Rooms

For the most part, the new condos tend to blend together in a bright white palate of similarity. Differences are minor, layouts are pretty boring and blah. As a innovation I’ve liked the Jack & Jill Ensuite. Most ridiculous is the One Bedroom plus Den at Ice Condos at 12 york, where the “den” is a six inch recess in the wall where you couldn’t fit a sofa table.

The spaces are most suitable for young professionals who stay out all the time, landing for the night after dining out, occasionally doing laundry only to leave in time for work the next day.

Condos for Boomers

This idea is so funny. I see boomers trying, but they have to dispose of their furniture, and hire organizers. I doubt that there will be mass adoption of the condo by boomers. I do see the upsurge of senior help services to help boomers stay in their houses and neighborhood. The kind of shoe box currently being built by developers and bought by investors is kind of offensive to the Boomer lifestyle.


If you’re a developer, it’s a “micro condo” but if you’re a university student trying to subsidize the rent, it’s a walk in closet. I’m not sure what I hate more, the disappearing parking spot or the shrinking condo. Spaces have to be liveable and sometimes they aren’t or have significant problems.

Preconstruction As An Investment

I can’t really say more than David Fleming about preconstruction condos. Here’s two brilliant videos about that whole deal.


My Advice About Investment Condos

Long term, unique and livable layouts, room for a table and chairs and a decent building are tops. Personally I don’t think that buildings that are 50% or more one bedrooms or bachelor or studios make for stable buildings. They make more money for developers but, they also will have a lot of moving in and out and transitory renters.

Ask Yourself “Would I live there?”

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Pricing Your Rental Is Like Shopping For Mangoes

September 3rd, 2016 · Property Management, Rental Property

mangoThere’s three things I love in my life, renting properties, eating mangoes, and eating fresh tomatoes I grew myself.  The other day I was dealing with an owner who was unhappy with us. He was unhappy because his friend had priced his property at $1700 for a 3 bedroom house and had 18 offers and he had priced his property at $1900 and we had none. Apparently his friend could even have got $1800 even. I had not seen the other property so I had no comparison to go by except general market knowledge.

Underpricing Your Property Is Not An Intelligent Strategy

Most of the owners we deal with have one or two properties, the trick is to get the most money out of your property while still having a AAA+ quality of tenant. It’s not a yard sale where you’re trying to get rid of your VHS tapes. It’s not hard to have 18 offers, just price your property a couple hundred bucks below the average and you’ll have plenty of applications. Having said that, we don’t really want applications, we want tenants and we only want one in most cases. By setting your price really low, you got 17 applications you didn’t need, wasted a lot of time reviewing all those applications, and every month you’re losing $200 or $300 out of your pocket.

There’s a good chance that a lot of the quality applicants walked away from your crazy bidding war because why would they even think of  it, it’s not like you have the only rental on the market and there’s lots of competition for quality tenants.

Overpricing Your Property Is Not An Intelligent Strategy

We did the market survey looking for a lot of other properties similar to yours in your area, we find 3-6 and they’re all from $1800 to $1900 with one kijiji scammer posting a house at $1300 if you’ll just send him a $500 key deposit in Nigeria where he’s ministering to AIDS and Ebola victims. Other than that there is a range. You might have a a very high end place for $2100 but the ad says “Available For May 1st” and it’s July.

The $2100 guy gets crickets, his ads are all posted, but he’ll get a showing a week. If it’s legitimately a high end superior house worth more than the average house, it’ll rent with sparse showings. There are a lot of people looking for a particular kind of property who are willing to pay for better quality, but it has to be legitimate. Tenants in the higher ranges tend to be very selective.

There are quite a few people thought that think that they should put the price up so that if a tenant wants to bargain down they have some wiggle room. This is where the mangoes come in.


Almost everyone goes grocery shopping and we all get those ubiquitous flyers. Let’s say you want some mangoes. You look at the flyer. No Frills has Mangoes on for 4 for $5 and Metro has Mangoes on for $3 each. Where are is the mango shopper going to go? No Frills. Why? Because people like a good deal.

Does it matter that Metro’s mangoes are the huge hulking mangoes that are ripe delicious and juicy and worth every penny and more than No Frill’s rock hard, small, disappointing lemon flavoured mangoes? Not really, because most people are going to check out the deal first, and while they are there they are going to get mangoes. Or and this is the case with most renters, they just can’t afford to pay $27 for mangoes because they want all their relatives to get a mango and $3 is a lot per mango when you have 9 people to feed and you have to pay your electric bill and car payment and the parking ticket you and all the other bills you have to pay.

When you advertise your place the majority of the people are going by the price. Tenants are not wasting their time going to look at places they can’t afford so they can negotiate down a deal. It’s just not happening.

In the case of our friend who was upset with us, we gave him a market survey and he priced himself higher than the market. We’ve showed the property many times, but no applications are forth coming. Usually this is because the potential tenants are finding more value elsewhere.  Either improve the property or say a lot of prayers or reduce the price.

The Rental Market Doesn’t Care How Much Your House Costs To Carry

In this crazy housing market, people are buying investment properties and a lot of them do not cover all the costs of owning the property. The longer you hold out for the price, the longer you suffer vacancy loss. The market survey tells you where other properties are in your area. No tenant is going to pay you an extra $500 per month because you have a custom built kitchen with special closers. Sure it’s nice, but not $500 per month nice.

If you look at wage growth in Canada it’s been pretty stagnant for a long time, renters pay their rent with their wages/income so once you get past a certain point, it’s only 1%ers that can rent your place and most of them can easily buy if they want to. At one point looking for renters for those properties is like breathing on Mount Everest, there’s just not that much oxygen up there and there’s not many renters looking in that market.

The entire point is that we are are in a fluid market, there is some luck involved, there is some strategy involved, and for the most part the market is speaking to you all the time, you’re just not listening.

Listen to the juicy delicious sounds of the market telling you…mangoes.



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Weird Stove Electrical Problem

August 31st, 2016 · Property Management, Rental Property


I’ve been a property manager for over 20 years now (a long long 20 years… think Alcatraz) and most problems have come to visit me more than once. Until this summer when a lowly stove made me, Dina, two electricians and the condo manager look foolish.

Basically, the problem was reported as an oven problem, where the stove top worked but the oven did not. This was diagnosed as a malfunctioning/burned out motherboard and we quickly arranged for another appliance. Considering the stove was only just over a year old, this was very frustrating and expensive for the owners.

The new stove got there and it didn’t work either. The appliance repair man from Appliance Warehouse (416-246-0555) correctly diagnosed the problem as a power problem. First we contacted the condo and they sent their handyman over to have a look. They didn’t see the problem. Then we called our own electrician to come and have a look. They said it should work.

Next step we called the appliance company back and they went back and took a video of the problem, which was unequal power. One side of the stove only had 88 volts going to the neutral. New stoves do not like their power like that, and they will not work.

Next I called Toronto Hydro… three times before they came out to look at the power coming to the condo from their equipment. Once they got there they did a fantastic job. (Peter Spiniello you rock) bottom line is they discovered that their equipment was blameless and gave me a report.

With that report I was able to go back to the building, and they looked at the report and the video from Appliance Warehouse and finally narrowed the problem back to an improperly fastened neutral wire in the panel.

Finally the stove works. Obviously all this back and forth with different tradespeople takes forever and what should be a simple problem becomes an ordeal to deal with.

The tenants were fantastically patient with us as we dealt with this mystery.

Remember when dealing with a strange and unusual electrical problem, it might be the neutral that’s causing you grief.


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Long Term Affordable Housing Solutions – Public Input Required

July 7th, 2016 · Landlord & Tenant Board, Property Management, Rental Property

zoningThe government is asking for help with long term affordable housing solutions. You can have more information about it on their webpage and provide input to their email.

I will, however, be a little more public about what you need to get landlords to provide affordable housing.

In most cases the government branches itself are acting against themselves. Cities, fire departments, zoning laws are closing down more apartments then are being created.

I myself have seen this in action, and this year I have seen 5-6 apartments get shut down and have heard and seen how municipalities act like total jerks to landlords for the crime of providing basement apartments.

When the basement apartment rules in Ontario changed so that municipalities could no longer arbitrarily make them illegal in 2011, I rejoiced. I thought this might make it a lot better for landlords. But to quote a lawyer I know “Legislation can’t prevent people from being dicks” Unfortunately the new law let cities set their own by laws for what would be legal standards for basement apartment. There was no deadline for when these bylaws would happen, so years went by before Mississauga & Brampton created their bylaws.

Then there are development charges…for building the basement apartment and you need to apply for a building permit and for that you need plans. Those plans alone will cost between $1500 and up. Then you have to pay for the building permit. Then you have to get a contractor in to build it.

Then there are weird other requirements such as if your house is less than 5 years old, you need a separate furnace. Well there goes another $2000 or $3000. Why do you need a separate furnace? I don’t know.

Oh and god forbid you have a triplex, like one of my previous owners in Whitby. I have no idea how he’ll get out of his situation of having an illegal basement in a duplex. I just want to point out that every apartment has a fire alarm, two exits and in decent condition. The fire inspector there acted like we were criminals and has asked to have existing fire doors removed because they didn’t fit to his satisfaction. That same fire inspector also insisted we get plans from the city and legalize the status of all the apartments. In 30 days…. so in my opinion, the city of Whitby is acting like they don’t want basement apartments, even if they are pretty safe.

In that triplex all the tenants are being evicted, because the work required to bring it up to triplex status is so great, that’s what has to be done. It’s ridiculous. Last I heard the stairwells have to have the drywall ripped off to be insulated and the main floor needs a layer of drywall. The existing fire doors have to be replaced. All because this basement apartment creates such a hazard. But if the basement apartment is removed, it’s safe.

That owner is dying to sell, that’s all he wants. And what pray tell started this saga? The tenant two months behind on his rent reported us for not having batteries in the fire alarm, one of them was removed. Now, all I install are the sealed 10 year battery units so that some asshole tenant behind a couple months on his rent can’t take out a battery and report us to the Fire Department. Live and learn I guess.

Other houses I have removed apartments in this year… one was a 4 plex that we could have made compliant with the Fire Regulations but the City of Toronto wanted $27,000 in development charges each, for apartments that rent for about $1000 per month. (Cheap for Spadina & Bloor) Sorry City of Toronto, no one is going to pay you over 2 years of rent in development charges to provide affordable housing, so there go another two units of affordable housing.

Let’s take for example the city of Brampton (I’ve received a lot of calls from Brampton) they only came up with their bylaws in 2015, for a full four years, they kept closing down basement apartments and evicting people, threatening landlords with fines, they still require registration. Landlords I have known have claimed that when you are developing a basement apartment, they are complete douches, in one case, the landlord installed a fire door between units 3 times in 3 different ways according to the rules and none was approved. Finally the landlord removed the doorway entirely and drywalled the opening. That same landlord asked the Fire Chief and was told that he was responsible for monthly fire alarm inspections. Everywhere else it’s yearly.  How is this kind of nonsense encouraging more landlords to get into the business? That landlord had to pay the contractor to install that door three times.

Parking requirements are another example of providing additional barriers to potential landlords. There is currently a condo building downtown Toronto with over 300 units with less than 70 parking and no visitor parking. As horrified as I am about that, surely we can stop ourselves from requiring a third parking spot to put in an accessory apartment or even worse require an eviction for an existing tenant because the owner can’t widen their lot by 20 feet.

Anyways… enough bitching, here’s my wishlist.

  1. Municipalities have to get behind the initiative to provide affordable housing
  2. Remove bylaws that provide barriers to entry – parking requirements for example.
  3. Square footage regulations – accessory apartments can only be 75% of upper floor…why waste space?
  4. Extra Furnaces? Seriously why?
  5. Development charges ? Why?
  6. Allow more than one accessory apartment as long as it’s fire safe.
  7. Look at and simplify Fire Regulations for Accessory Apartments.

Just a few days ago another landlord called me from Mississauga because her tenant was threatening her with the City and calling them because her apartment wasn’t registered. This is one more basement apartment that will never be rented again and another landlord who has no interest in staying a landlord.

Tenant Enabling Legislation

Private landlords that create affordable housing are not necessarily thinking about starting a landlording business but rather as a casual mortgage helper in their own home. Imagine their surprise when their tenant moves in, doesn’t pay rent, threatens their life and they have to make a choice to move themselves and their children out for their own safety like one Mississauga woman did. Or they start smoking weed in the house stinking everyone out.

Another tenant I just evicted, turned his basement apartment into a farm for dogs, when his dog had nine puppies. He didn’t choose to clean up after his dogs, he just bought sawdust and put it down. It’s really horrifying. We filed for impaired safety for the upstairs tenant and it took over 3 months to get a date for the hearing.

Legislative delays… so the Landlord & Tenant Board is taking way too long to book court dates. It’s ridiculous. The government needs to replace adjudicators as they quit/move on/get fired/come to the end of their term. They need to recognize that it takes months to get to the Tribunal just for an average non payment of rent case and that it’s the landlord that gets to pay for that added time.

  1. 14 day wait for the N-4
  2. File the N-4 a few more days
  3. LTB adds at least 5 mailing days to the court date notice of hearing
  4. More days because there is no space in the hearing schedule
  5. Finally the hearing…
  6. Add 10 more days of waiting for the Order to be Issued
  7. The Order actually adds another 11 days to pay all arrears then you can apply to the Sheriff
  8. Next pay $300 and change to the Sheriff and wait for them to mail more papers to the tenant.
  9. Finally a few weeks later the Sheriff appears and throws your tenant out.

Why should the landlord be subsidizing all this tenant goodwill? The government thinks we should give deadbeat tenants free rent for extended periods of time, they can pay for it. Again these are not commercial landlords, this is some guy going to work, paying his mortgage, paying his utilities being forced to subsidize another who just doesn’t want to pay/can’t pay. If the landlord hired a paralegal to deal with this add another $1000 or so in legal fees.

Then if said tenant doesn’t show up, they can just claim <Insert bullshit reason here> and they get another review hearing and more months of free rent, again without paying a dime to the landlord.

Needless to say, after one experience like this, the landlord mostly sells their property or leaves it empty. One more withdrawn apartment and one more victim of the process, one less affordable space. After years of this kind of erosion of affordable housing, after countless landlord victims, after protecting deadbeat tenants the government wants to know how to create affordable housing?

  • How about if instead of letting tenants ride roughshod over landlord property rights, you help the landlords have some autonomy over their property?
  • How about if you enforce the leases the landlord & tenant sign of their own free will?
  • Pay the rent on the first means pay the rent on the first.
  • No smoking means no smoking
  • No pets means no pets
  • If you don’t pay utilities – hello eviction time… not go sue your tenant at Small Claims
  • Finally if you threaten your landlord or assault them, out you go on the street.

Government, how do you think it feels as a person who worked hard to collect a bunch of money to put a down payment on a property in this completely unaffordable housing market and live there with your family. You have a bright idea to get a mortgage helper tenant and they move in to the basement apartment. They move in their 2 large dogs, they don’t clean up the shit, they smoke cigarettes and weed daily, blare loud music every night till 11 o’clock or later, have 3-4 friends over for drinks and fun BBQ in the backyard every weekend. They do tons of laundry, leave the lights on when they aren’t home and park in the middle of the shared driveway. When you park in the street you get a parking ticket.

It’s not illegal to be disrespectful and an asshole entitled tenant but it will eventually result in an apartment being withdrawn from the market. That’s the problem.

Solving this problem as a government entity would require a 180 degree turn around in policy and as a part of the Social Justice Tribunal that’s not going to happen soon.

Rent Arrears and Collections

I’ve already discussed the joy of evicting a non paying tenant, however, due to current government policy of stretching out the length of time of eviction and time to get the sheriff etc, you’re looking at 4-6 months of rent arrears. The jokers at the Landlord & Tenant Board think a court order is the same as cold hard cash but it isn’t. It’s actually bullshit that will require more work, more money and more time and more expertise to collect. If your tenant is on ODSP or Ontario Works you can’t garnishee those sources of income so forget about it.

If you want to simply put it on the record that there was a Landlord & Tenant Board Order on the tenant that was not paid on the tenant’s credit report, you can’t. The same credit checking companies that charge landlords millions in credit checking fees will have nothing to do with reporting said bad tenants to the landlords that pay them to do exactly that. You can thank privacy legislation for that.

Considering that in the current legislative environment, tenants can rip off landlords repeatedly with impunity and the tenants are shielded from consequences, it’s not surprising that I’ve noticed a sharp uptick in the number of working people taking advantage of delay and stealing thousands from landlords. These are not downtrodden single moms down on their luck, it’s working people making over $100K per year. But why not if they can do it and get away with it… and therein lies the problem.

Bad tenant lists get shut down on a regular basis because they violate privacy laws and there is no sharing of lists or a master list anywhere to help protect landlords and so we are left with the credit check as the means to determine who gets an apartment or not.

Needless to say there are very bad tenants who cause a lot of damage, and they too need to be found and made to pay for their damages rather than just move somewhere else.

It’s about accountability, and as the government is now finding out, because of the lack of interest in providing any type of affordable housing to the market, tenants are not accountable and no one even expects it. Without a respectful and equitable business environment, landlords just bow out, sell and go back to their regular jobs.  No one is interested in paying their huge mortgage, paying huge property taxes and being harassed and disrespected in their own family home for the honour of making an extra $500 per month (after paying utilities, extra insurance, extra property taxes) and that’s if you started with a legal basement or apartment.

Another example of this problem is with water bills which the city just off loaded onto landlords. If the tenant doesn’t pay it just gets tacked on to the taxes, go suck an egg landlord. If you want to shut the water off, go suck a rotten egg landlord. You have the freedom to pay and bend over while your tenant gets to wash the neighborhood laundry at your expense. If you don’t like it don’t be a landlord… Guess what?  A lot of people are taking that option.

Basically the Government  has created an untenable unfair system where tenants can with impunity take advantage of the law and loopholes to live at the landlord’s expense.  Over and over again the different branches of government have been warned that small landlords will vote with their feet and they are. No one wants to offer affordable housing because it’s not worth it.  The answer heard loud and clear from many many many small landlords is a big fat NO.

If you want landlords to enter the business, make it easy and profitable.

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