Category: Canadian Landlords

Ontario Landlords Are Now Required To Pay Tenants If They Evict On The Basis of Personal Use

Tenants are now entitled to a full month’s rent as compensation if units used by landlords or their families

As of September 1st, the provincial law in Ontario has changed. When a landlord ends a tenancy to have family member move in or for their own personal claimed use, people evicted must receive compensation. Alternatively, landlords can offer tenants another acceptable rental unit. Landlords are also required to express an “intent to occupy” for at least a year. These measures are designed to discourage landlords from converting units into short term rentals or re-renting the units at a higher rent as a result of a hot market, like in Toronto. Breaking any aspect of this new law can garner a fine of up to $25,000.

“When a tenant is evicted through no fault of their own, they are forced to scramble to find new accommodations and cover the costs of a sudden move,”  – Housing Minister Peter Milczyn

This has proven to be an extraordinarily busy year of tweaking the Ontario Residential Tenancies Act (formally referred to as the Rental Fairness Act), courtesy of Kathleen Wynne’s Liberal government. The changes are an element of her housing plan announced this spring, which included expanding rent controls to all rental units in the province, not just those built before 1991, per the previous rule.

It’s safe to say that landlords aren’t exactly happy about these new rules, especially in a city like Toronto where the vacancy rate has been hovering at about 1%. There is significantly more demand than supply.

“This will have a very significant impact on small landlords and a very significant impact on condominiums,” – Jim Murphy/Federation of Rental-Housing Providers of Ontario.

Regardless, tenant advocates have been reporting wide spread abuse of the N12 form in the highly sought condo market in Toronto, and many are welcoming this change.

B.C. RTB Rent Increase Creating Tough Dialogue With Politicians

Much Like In Toronto, The Issue Is Supply

As per the CBC, The B.C. Residential Tenancy Branch has set the maximum allowable rent increase for 2018 at four per cent — making it the largest potential rent increase in five years. Much like in most other provinces in Canada, each year, the branch sets the maximum allowable percentage by which landlords are legally permitted to increase rents. An increase of more than 4 % has only occurred four times in the last 13 years. 4.6% in 2004. 4.0% in 2006 and 2007, and 4.3 % in 2012. This has raised the eyebrows of politicians in the province because of a pronounced rental housing crisis in Vancouver.

According to data tracked by Canada Mortgage and Housing Corporation, rents in Metro Vancouver had a sharp increase of 6.4 per cent in 2016 …. even though the rental cap that year was 2.9 per cent in 2016. Rent increases are typically capped at two per cent plus inflation, but this only applies to month-to-month tenancies. The big increase is explained by landlords typically asking for new fixed term leases after an initial one lapses. Fixed-term leases lock-in renters’ tenancy and rents for a set period of time (typically a year). When they expire, a renter’s tenancy automatically becomes month to month. But many fixed-term leases feature “vacate” clauses, requiring tenants to move out when the lease expires, unless they sign a brand new fixed-term agreement, which gives landlords the opportunity to jack up rent beyond the RTA limit. If tenants refuse, the landlord simply finds new tenants, at whatever rent they want. Unlike evictions, which require two months’ notice, the lease expiry date is legally considered sufficient notice for tenants to move on. Since there is such a low vacancy rate in Vancouver (it was characterized as a crisis last year), landlords are able to effectively employ this approach.

Selina Robinson, B.C.’s housing minister, is exploring lessening the annual rent hikes landlords are allowed to apply to tenants in the province.  She’s worried about rental affordability, something her party campaigned upon in the May provincial election. The NDP promised to build 114,000 rental and co-op homes, and give renters an annual rental home credit of $400. The City of Vancouver estimates that it will need 55,000 new rental suites in the next decade.

Robinson said legislation to fix that loophole is coming this fall. Landlord B.C., the association representing landlords in the province said it’s supportive of Robinson closing the fixed term lease loophole, but that lowering the maximum rent increase rate will simply be another disincentive to property developers considering building rental buildings, who may then decide to build condos instead.

“We’re obviously not insensitive about the current dilemma of the housing and rental housing crisis, but the frustrating part is we’ve been talking about the need for supply for 20-25 years and nobody listened to us. And we were predicting the challenges we’re seeing today. And this would be the wrong time to target that specific item.” – Dave Hutniak, Landlord B.C.

Liberal critic Sam Sullivan said he’s concerned to hear Robinson might be changing the maximum rent rate because the NDP did not campaign upon such a promise in the election.

“It’s a very popular short-term thing to do. But the long-term result can often be quite negative.”

The real issue in Vancouver, and why this is all such a big deal, is supply. There simply isn’t enough. Even high rents are generally cheaper than mortgages. As well, rentals end up being 100-per-cent used for housing local residents, a distinct advantage in a region where many are irate about the high level of investor-owned vacant condos.

Metro Vancouver housing planners estimate that, of the 18,500 new households that arrive in the region every year, about 6,500 need rentals. About 1,500 can afford high-end rents, the other 5,000 can’t. And only about 1,000 units a year are being built, almost all at the high end.

Report Reveals Renting From Small Landlords Is Cheaper

Big news from the Canada Mortgage and Housing Corporation! They released their Housing Market Insight report at the beginning of the month. Individual investors and private corporations own about 90 per cent of Canada’s purpose-built rental apartment units and most markets with a higher concentration of individual investors have lower average rents. In other words….Units owned by individual investors tend to have lower rents than units owned by other ownership types. This is most pronounced in smaller markets in Canada.

Individual Investors are defined as: all non-incorporated owners of rental housing stock, mainly comprised of individual investors and small joint ventures, representing 49.3% of the market.

Individual Investors are well-represented across all 35 metropolitan centres that were assessed as part of the report. The average rent associated with the units they own tends to be lower than the rent associated with other ownership types in most centres, including Montréal. However, the difference is generally smallest in centres with high overall rents, including Vancouver, Edmonton, Toronto and Halifax.

This isn’t really a surprise here. Smaller, private, non corporate landlords are better. It’s simple to see why.

They have a lot more to lose and generally rely on rental income as supplemental for retirement or for their daily lives. These kinds of landlords are exactly who we’ve created Renting Well for. Small landlords are like small businesses. Generally speaking, they have an interest in keeping tenants happy, ensuring that their units are in good shape, and have an inclination towards a more personalized approach. They have a tendency to be easier to contact and more often than not, they have a vested interest in avoiding turnover. Keeping tenants is cheaper than getting new ones. Even across the pond, english tenants were surveyed about satisfaction levels with their tenancies as part of the English Housing Survey 2015/2016. Tenants in the private rental sector were more satisfied with their accommodation than those in the social rented sector.

Choosing the right property management plays a crucial role in ensuring a positive rental experience. While smaller, private landlords often exhibit a more personal touch and a vested interest in tenant satisfaction, the role of professional property management, especially in a place like Burnaby, cannot be overlooked. Burnaby property management services, whether overseeing smaller residential units or larger properties, are equipped with the expertise and resources to handle diverse needs effectively.

Whether your landlord is an individual with a few rental units or a larger property management company, what matters most is their commitment to tenant well-being and property maintenance. Burnaby management professionals understand the local market dynamics and regulations, providing a valuable layer of knowledge and experience to both landlords and tenants. This ensures that issues are addressed promptly, and a harmonious landlord-tenant relationship is maintained. Whether dealing with a small-scale landlord or engaging with Burnaby property management services on a larger scale, the key is finding a partner who values tenant satisfaction and property upkeep, contributing to a positive and stress-free living environment, perhaps enhanced by enjoying thc gummies. A refreshing Indacloud Pineapple funta can be a delightful way to unwind after a day of managing or dealing with property-related matters, adding a touch of relaxation to your routine.

“Illegal” Rent Deposits Illustrate The Frustration of Landlords in Quebec

Apparently, it’s true, as per the CBC. About a third of landlords in Quebec have requested an illegal deposit, according to a recent survey by the landlord association CORPIQ. Landlords claims the reason they do this is because there is no way to guarantee that rent gets paid or that apartments are left in good condition upon move out. As a result, the organization is formally requesting a change in law with the provincial government.

This initiative is fuelled by a survey of CORPIQ’s members back roughly 2 years ago.

In 2015, the majority of rental property owners have faced the repercussions of more than three weeks of unpaid rent from at least one tenant, according to data obtained by CORPIQ through a survey recently conducted with its members.

According to this survey – 59% of landlords were in a similar position at least once in 2015. The figures show that the occurrence of non-payment of rent is on the rise; since a similar survey conducted five years ago revealed that 48% of landlords at the time have experienced the same problem at least once during the year. Keep in mind, this is in a province that is almost as notorious as Ontario in giving tenants who don’t pay their rent the ability to live rent free for quite a while.

Not everyone thinks this is a great idea, though. The Montreal Gazette’s Claire Abraham penned a piece last year that outlined her opposition to it. According to her piece, security deposits are allowed in most other Canadian provinces. Abuse is common: tenants who have paid their rent each month and left their apartment in good condition often see their deposits unjustly amputated or aren’t able to get them back at all. A new security deposit would put huge additional pressure on the Régie du logement, Quebec’s rental board, which is already unable to hear cases within a reasonable amount of time (many types of cases have an average waiting time of about two years). Yikes. That sounds like there’s a problem.

The average rent for a two-bedroom apartment in the Montreal metro area is $760. The Toronto average is $1,288. In Vancouver, it’s $1,368. There are only a small number of Canadian cities have cheaper rent than Montreal (the province’s biggest city and the second biggest municipality in Canada)– and then only much smaller, sleepier communities such as Saint John and Trois-Rivières.

Landlords Have Legitimate Issues with Canada’s Half Baked Legislation

The Federal government didn’t bother to get into specifics on upcoming marijuana legislation.

The tabled cannabis law proposes allowing Canadians to grow 4 plants per person at home – whether they own or rent, provided the plants aren’t taller than 100 centimetres. It sounds benign when it’s framed as a new and progressive law – which in many ways it is – however the practical implications of the legislation are something that a growing number of national and provincial landlord groups aren’t happy with in the least. The government has not said if landlords will be able to prohibit tenants from growing pot in their apartments.

The Professional Property Managers Association and  The Canadian Federation of Apartment Associations are both looking to compel the government to change this aspect of the law. They both seek a ban on tenants growing plants in rented homes or multi-unit buildings. Full disclosure: we also support this change in the law as it is rooted in common sense. We touched on some of the complicated aspects of growing marijuana in a rented unit – particularly the insurance nightmare it has the capacity to create.

“I think the government is obviously balancing a lot of issues here. They do want to break the black market, and that’s important. But we think we can break the black market if they let people [only] grow it in their own owner-occupied homes, and the product is readily available in stores or by mail order.” -John Dickie, Canadian Federation of Apartment Associations

Optimal conditions for growing marijuana include warm temperatures, extensive lighting and high humidity. In order to grow weed, you need these three things. Creating the hydroponic conditions in a residence in an effort to achieve this key trifecta is not something you can do without affecting the domicile in some capacity. That’s just a fact. Water that is fed to plants will transpire and evaporate from the containers into the surrounding air. Cannabis plants also require warmth. Excess water vapour and high temperatures can create humidity damage. Large mold accumulations can follow and grow fast in humid environments and can lead to structural decay.

To boot, unusually high amounts of steam coming from vents in winter can damage exterior finishes on houses. The smell of weed seeps into drywall the same way tobacco smoke does, and even when it’s not being smoked, marijuana can create a permanent odour that can be repulsive to people – like other tenants and incoming ones in the future.

The electricity required for lighting in even a small cultivation of weed is high. It also introduces a fire concern with having that much botanical lighting in a house – and that’s assuming that a tenant doesn’t re-wire the electrical in a home (which they can’t do). Most wall outlets are on a 15-amp, 120 volt circuit. Many outlets are generally on that one circuit. One 1,000 watt metal halide or high pressure sodium light draws 9 amps at 120 volts. So just by using one of those plugged into a wall outlet, you have already significantly maxed your circuit – and that’s not taking into account the other devices, computers, or appliances that are also typically in a unit. Maxing a circuit is not a good thing. Your circuit breaker (if it’s working properly) may shut down your circuit because you’ve overloaded it. Your wiring may heat up, flame up, short out or otherwise fail. Lastly, there is an increased fire hazard danger due to people drying marijuana in a household stove.

Even four plants in a building can change the risk assessment on a property, and creates a greater likelihood of water damage, mould, fire, vandalism and burglary. Under most basic home insurance policies, marijuana-related damages or anything that companies believe is “high risk” is not covered. That view is shared by many insurance companies, according to the Insurance Bureau of Canada.

“Landlords currently have little recourse available if a tenant is growing medical marijuana and aren’t required to be told if it’s happening” -Avrom Charach, The Professional Property Managers Association

Under new federal rules introduced last August, landlords are left a little high and dry (no pun intended) if a tenant is growing licensed medical marijuana. They don’t even have the right to know it’s happening. None of that is right. The federal government should formally include a clause in the Cannabis Act including restrictions on any and all rented dwellings or they should at least mandate that provincial legislation needs to compensate for the loophole this creates.

 

 

An Argument Against Rent Control To Deal With Ontario’s 1991 Rent Exemption

Living in Downtown Toronto Condos Is Not A Right.

We made the news this week! The CBC’s Lisa Naccarato called me on Monday to offer a comment on Ontario’s 1991 Mike Harris rental “loophole” – apparently a controversial topic for many who live in Toronto. Toronto city councillor Mary Fragedakis moved a motion Tuesday that would see council come out in support of a private member’s bill at Queen’s Park that would extend rent control to apartments built after 1991. Her motion supports NDP MPP Peter Tabuns’s private member’s bill aimed at eliminating what he also refers to as the “loophole”. I don’t agree with eliminating this exemption and I’ll tell you why. Before we get into that…let’s start with a few facts.

FACT: Rent control in Ontario only applies to units that were first built or occupied before November 1, 1991. If the rental unit is in an apartment building constructed (or converted from a non-residential use) after November 1, 1991, then the rent control provisions of the Residential Tenancies Act, 2006 do not apply.

FACT: The post-1991 rent exemption was originally introduced by Bob Rae’s Ontario NDP government. It’s been maintained over time by Mike Harris’ PC provincial government (they made it permanent) as well as the governing Liberals. A low vacancy rate dropped even lower as developers were disincentivized by the regulated rental market for the freedom of condominiums. The exemption provided the incentive that private developers needed to build much of the existing condo stock as we know it and to recover from years of virtually no rental increases at all. Any changes to this incentive will undoubtedly have a negative effect on the market and real estate development (especially outside of Toronto where vacancy rates can vary) – not to mention the construction that is currently in the pipe. In the realm of construction, the foundation of any project lies in the quality of materials used. Opting for a provider that specializes in on-location blending of cement offers unmatched flexibility and efficiency. Such a method allows for adjustments to be made in real time, catering to the unique demands of each project. For an in-depth exploration of these benefits, consider reading an insightful guide on the advantages of on-the-spot concrete mixing solutions.

FACT: 85% of rentals in Ontario are covered by provincially mandated rent control.

FACT: It’s an exemption – not a loophole. These are two fundamentally different things. A loophole is defined as an ambiguity or inadequacy in the law. There are plenty of those in Ontario’s Residential Tenancy Act. This exemption was intentionally legislated. While it is undoubtedly true that many tenants have seen their rents increase significantly and at considerably more than the mandated provincial increase, there is no evidence to suggest there is widespread abuse of the exemption or that it qualifies as enough of an urgent issue that it needs legislative intervention.

FACT: Ontario’s Residential Tenancy Act heavily – almost hilariously – favours tenants. It always has. It favours tenants so much that Ontario Superior court justices have called for the provincial government to adjust the law and end what is a growing issue of tenants gaming the system. In 2014-15, the Ontario LTB received 79,740 applications. The ratio of landlord to tenant applications has remained relatively constant since 1998. 2014-15 was no exception, with 90% of applications filed by landlords. 70% of those landlord applications filed were related to non payment of rent. A stated purpose of the Residential Tenancies Act, 2006, is to balance the rights and obligations between landlords and tenants. It’s plainly clear that the law in fact does the opposite. The last thing landlords need is another short sighted unfair law that hobbles their ability to run their property portfolios as a business.

FACT: This issue is logical hogwash and is politically motivated. As per Martin Regg Cohn at the Toronto Star, “…rent hikes are a result of reduced supply and increased demand, which is what puts pressure on politicians for rent controls, which then depresses supply even further. Extending rent controls to newer (costlier) units would benefit the middle and upper class more than the working class (who tend to be stuck in older units anyway). Why target rentals while exempting the rest of the real estate market, notably the housing speculation that is driving much of the current crisis? It’s much cheaper and politically popular for governments to make landlords swallow foregone rent increases by imposing or extending price controls (vs. housing subsidy vouchers).”

“In the mid-1970s, NDP firebrand Stephen Lewis seized on media accounts of landlords gouging tenants. He goaded the government of then-premier Bill Davis into promising rent controls lest his Tories lose power. It seemed like a good idea at the time. But history is littered with good political intentions — and contortions — that create economic distortions.”
– Martin Regg Cohn, Toronto Star 

FACT: Condo landlords have it tougher than the average landlord. The owner of the condominium will have fixed, predictable costs in the form of mortgage payments and property taxes, but the maintenance fees (commonly called condo fees) can and often change – sometimes dramatically. Condo landlords are bound by two pieces of provincial legislation. The lease agreement is between the owner and the tenant and that relationship is still governed by the Residential Tenancy Act, 2006, in Ontario. However, within the building itself, the Condo Act has precedence and landlords are responsible to make sure that their tenants follow condo rules.

FACT: Landlords want tenants. If they raise prices above what the market is willing to pay then rent will adjust accordingly. The vacancy rate is low for a reason. It takes an average of only 17 days to rent a condo in Toronto. The city averagely sees 200,000 new people move to the 416 area code each year. This issue is supply and demand. Not greedy landlords.

Housing speculation is driving much of the current crisis. Toronto is clearly a city where people want to live. Hundreds of thousands have come here from around the world. Young people want to live where the action is as gentrification has firmly rooted itself.

I admire ethical landlords. I admire ethical tenants even more. Most landlords and most tenants are both. My solemn advice to any landlord who has a Toronto unit that falls under the exemption: Act in good faith. Be straightforward and upfront with your tenants. Tell them that your unit qualifies as exempt and explain the degree of exposure that exists. Be empathetic about having to potentially uproot your living arrangement and consider the discomfort, hassle, and inconvenience associated with losing your home after a year. Ultimately – a happy long term tenant is better than expensive turnover. Exercise common sense, and demand that politicians do the same.

 

Absolute Idiocy On Unpaid Electrical Bills in Prince Edward Island

In another fantastic assumption that landlords are rich, entitled building owners, the wise city councillors in Summerside, Prince Edward Island are contemplating what to do about unpaid electrical bills in the small town of just under 15,000. The city takes in $20 million a year from the utility with the majority of people paying on time, however, after council “discovered” 1.3 million dollars of delinquency, all these city councillors determined the problem needed to be decisively addressed. Their proposed solution? Landlords should pay the bill. Seriously.

Summerside’s Director of Finance, Rob Philpott said involving landlords is just another option for council to consider that if for whatever reason the tenant is unable to pay in a timely matter or doesn’t pay at all, then landlords could potentially be held accountable for that. “There are 225 landlords in the city. It is safe to stay that if they became aware that they might be liable for the debt of a tenant who skipped out… it would generate a lot of attention,” added Philpott. If passed, this new law would affect residential, commercial, and industrial units.

If the municipality passed this law tomorrow, and also got all 225 of these landlords to foot this bill, they’d be looking over $5700 a piece.

City councillor Frank Costa thinks this is a step in the right direction. “Landlords have a collective responsibility to the city to ensure that we are not alone in having to absorb delinquent accounts,” added Costa. “If it is communicated well and there is an education process out there, I think people will recognize the value of this. I think we are giving them notice.”

Fellow councillor Tyler DesRoches disagreed.

“We are not signing up the landlord for the power; we’re signing up their tenant. The landlord has no idea whether or not their tenant is paying on time.”

Coun. Gordie Whitlock owns rental properties and agreed with DesRoches.“If you have a consistent collection policy with a consistent cut off time as to when the final notice is given after there is no attempt to pay, then there is no need for the landlord to be involved whatsoever,” said Whitlock.

Why the city doesn’t consider a more aggressive policy with respect to it’s unpaid bills is a head scratcher. Why the 1.3 million dollars in unpaid bills even occurred in the first place is interesting. The city of Summerside services 6950 customers. It’s reasonable to expect this utility to manage its accounts better. That’s their job! If they can’t wrap their heads around it, as a municipality supported for profit organization, how do they expect the small city’s 225 private landlords to be any better? Why should the city’s landlords accept this? How would the city’s landlords manage this any better? Are they to open their mail? How would landlords manage this as a new issue? Is not paying your electrical bill immediate grounds for an eviction? How many chances would someone get to settle up their electricity bill? This seems like a remarkably short sighted, objective ignoring, illogical, precedent setting idea. Utilities can and do ask for deposits in advance, engage collection agencies, cut off service and sue the tenants. To get the best Alberta electricity rates give us a call to learn how we can help. Landlords have to wait until the tenants move out and then initiate a small claims suit at their own expense. What this whole idea represents is a desire to see electrical utility delinquencies at zero, improving the cash position of the municipality, at the overall expense of the landlord.

Time to go back to the well, city councillors.

Perfect Storm For Landlords in Alberta

The slow down in the oil patch is affecting Alberta’s major city residential landlords. Seriously. The market was once quite hot. Now…not so much. CBC reported a doubling of the vacancy rate late last year.

Edmonton is a renter’s paradise right now. Economic slowness, coupled with more supply than demand in terms of available units, has flexed adversity on Alberta’s landlords. Vacancy rates have increased steadily since last year, and now range from six to eight per cent, depending on property type. The average rent in Edmonton and the surrounding area has dropped between 10 and 15 per cent from a five-year high in July 2014. This has been forcing landlords to get creative about attracting tenants and signing leases, including free Wi-Fi, amenities, groceries, and even flat screen televisions as part of rental agreements. We touched on this phenomenon in Halifax late in 2013, when landlords there were offering free iPads to prospective tenants.

In Calgary – a city where mayor Naheed Nenshi famously criticized what he considered rent gouging in 2014, things are not that much better. Rents have fallen astonishingly fast. A 20% drop in January of this year from the beginning of 2015. The Calgary Real Estate Board is anticipating that the vacancy rate will rise to 7% by the fall. By the fall of 2017, CMHC expects the vacancy rate in the city to decline back to 5.5 per cent. Calgary’s 2016 civic census revealed that while the city’s population increased slightly to more than 1.2 million in April, more people moved out of the city than arrived here. More than 20,800 units were empty in April, a 67 per cent spike over last year’s levels, which brought the vacancy rate for dwellings to 4.3 per cent, according to the census. According to the Financial Post, the vacancy rate hasn’t been this high since 2004, when the city reported the lowest level of migration in 12 years. A city hall analysis of historical housing data shows there are more vacant units in 2016 than in any of the past 16 years. To put this into perspective, Canada’s national vacancy average for urban centres is 3.3 per cent.

Even rural cities in Alberta have been affected.The Government of Alberta annually conducts the Rural Apartment Vacancy and Rental Cost Survey of multi-family dwellings in Alberta’s rural communities between the months of May and August. This survey does not include cities whose population is more 10,000 people. Vacancy rates have increased and decreased in a cyclical pattern with vacancy in rural Alberta communities being on an upward trend, having risen 3.7 per cent in 2014, up to 8.2 per cent in 2015. Not only are vacancy rates up in general, in a number of communities they are at their highest point since 2006.

Experts say the next big hit to the market could come in the spring, when many leases typically come up for renewal. Not good.

Questions? Comments? Are you a landlord in Alberta? We’d love to hear from you.

Tenant Assured Isn’t What Landlords Need

British data mining startup Score Assured has developed a system that claims to accurately determine a person’s financial and personal worthiness based on their social media reputation and history. The company has plans to market their system to employers and dating services but, for now, called it Tenant Assured, and is focusing on landlords as customers.

This is how Tenant Assured works:

A landlord who’s signed-up with Tenant Assured sends all of their rental applicants to a special link on the Tenant Assured website. They are then asked  to provide full access to up to four of their social media profiles—on Facebook, Instagram, LinkedIn and Twitter. These are then thoroughly crawled, scraped, and analyzed by Score Assured. The scrutiny includes conversation threads, private messages, and contact lists. A report is produced and delivered to the landlord. Landlords makes a decision on whether they want to rent to an individual based on the information provided.

Caitlin Dewey of the Washington Post wrote a piece on voluntarily going through the process herself. She found it uncomfortable. As per the piece:

…It’s not just the amount or detail of data that’s problematic, either. Tenant Assured reports include information such as whether you’ve mentioned a pregnancy and how old you are, which are both protected statuses under U.S. housing discrimination law. 

My personal tenant report includes a list of my closest friends and interests, a percentage breakdown of my personality traits, a list of every time I’ve tweeted the words “loan” and “pregnant,” and the algorithm’s confidence that I’ll pay my rent consistently.

Tenant Assured co-founder Steve Thornhill maintains that his product is a useful tool for landlords. “If you’re living a normal life, then, frankly, you have nothing to worry about.”

Here’s the thing though…we’re firmly of the opinion that being considered as a candidate for a tenancy based on your social media activity is not good business. This is unnecessarily invasive and most importantly feels weird (at least to us). While it’s true that the tenant is voluntarily providing this information, there is no way for them to view their ratings or dispute something they consider to be incorrect. Credit reports and background checks are regulated under federal law in the U.S. and in Canada and have consumer protections built into them. An algorithm that determines whether you’re worthy of an apartment based on your social media activity is not regulated at all. I mean…who doesn’t have a ridiculous tongue and cheek tweet or Facebook status meant in jest or sarcasm? Can algorithm’s detect sarcasm? We live in the age of autocorrect. It would be an understatement to say that this product will more than likely not produce a useful snapshot of a person’s payment reliability and character. We also question whether this is the right way to have a tenancy started off, even if a tenant voluntarily provides this information.

What do you think? Landlords? Do you have any comments? We’d love to hear them!

No… Tenants Can’t Just Airbnb Their Place in Quebec

It seems like you can do everything on the internet these days. Airbnb is and has been a wonderful way to make a bit of extra cash when it comes to renting out your home, cottage, or vacation property. Things can get a little dicey though, when you don’t own the property in question. In Quebec, you need to get your landlord’s approval first. The province’s rental board (Régie du logement) recently reached the decision when it ruled on a case involving a Montreal tenant who rented out his downtown condo to tourists on Airbnb.

The landlord rents the luxury one bedroom unit for $1,770 per month. After receiving numerous complaints related to transiency, smoking in hallways, and a general change of pace, the landlord determined the tenant was renting out his unit on Airbnb for more than double the rent he was paying. Landlord gets miffed. Increases the rent by $1000 a month. Tenant refuses said rent increase. Bad bing/bada boom – you’re in front of a judge.

The province handed down the landmark precedent setting decision in one fell swoop. The board ruled that tenants cannot rent out their apartment to tourists without getting the landlord’s approval first.

“The message that these lucrative sublets sends to landlords is that the value of the unit does not represent the value of the rental market,” the board concluded. “The frequency, the difficulty in verifying the identity of sub-tenants, the inherent risks … are all issues that can be raised,” the judgment read.

A cornerstone element of this decision was that the province felt that it was clear the dwelling was being rented out for commercial purposes, not residential, which is what the original lease itself was predicated on. The ruling indicated that tenants are required to get their landlord’s approval prior to doing anything on Airbnb, and that the landlord has 15 days to refuse if they don’t approve. The ruling also indicated that the landlord cannot spike rent because a tenant decides to list a unit on Airbnb, which in essence is encouragement by the province to get tenants and landlords to partake in a healthy meal of being reasonable and co-operative. All in all – tenants can’t do anything without clearing it by their landlord first. A logical ruling. Lastly – a tenant who lists their unit on a home-sharing site cannot charge more than the price of rent.

In an effort to be fair and balanced, Airbnb does provide some good tips for using their service, which include but are not limited to, maybe mentioning to your landlord that you’re sub leasing your place to strangers for an assumed profit. If you’re thinking about starting an Airbnb business on the back of your landlord, you might want to consider reading this paper by Lapointe Rosenstein Marchand Melançon.

Excellent work, Quebec! Supress the hustle.