Landlord and Tenant | Renting Well

Ottawa Couple Face Eviction Over Autistic Son’s Wall Shaking Noise

Add this to the “difficult situation” file and try coming to a conclusion on how you feel about this one after hearing the whole story. The Ottawa Citizen reported parents Keri Oastler and John From were recently served an N5 notice by their landlord over the noise their autistic son has been making. The couple literally just moved in to the unit on a year long lease that started on October 1st.

According to the article, the formal notice came after tenants below and beside the family complained the noise was “like a 50-pound box being dropped repeatedly.” The notice said the two neighbours were disturbed by “running, jumping and screaming” between 6:30 a.m. and 9 a.m. and 4 p.m. and 9:30 p.m. — the only times that From says his son is at home and awake. As is common with N5 notices in the province of Ontario, the family has been afforded 7 days to rectify the problem.

From’s son, Logan — an 80-pound, blond, blue-eyed boy — occasionally has tantrums, though they are becoming less and less frequent, his parents say. He will sometimes “squeak” and loves to climb and jump, so much so that his parents say they’re considering acrobatics as a career path. After this whole exchange – From and Oastler no longer want to live in what they’ve described as a hostile environment and are currently considering registering a complaint with the Ontario Human Rights Commission. I can understand where they’re coming from. They just moved in to this place. Kind of difficult to feel unwelcome amidst all this.

Residents of the townhouse community on Lisgar stret were set aback a bit on the initial story about this on the 11th.

Noise complaints have to be pretty severe in order for most people to complain. A lack of concrete division between units (as is the case here) can do nothing for the dampening of transferable sound, so I can definitely appreciate where the other residents are coming from. As a parent, I can also appreciate where Oastler and From are coming from. It sounds like their son’s condition is a challenge, and situations like these have a tendency to put you on the defensive – but what do you do? The other tenants have the right to the reasonable enjoyment of their units, and the “noise” they’re complaining about sounds like it’s occurring at pretty inopportune times. Imagine sitting down to dinner or trying to get your kids down for the night, and hearing the “constant and repeated dropping of a 50 lb. box”.

I think we can all imagine being on both sides of the aisle with this one. According to the Oye Times, who also did a piece on the dilemma, the property management company was not “properly informed” of Logan’s disability by From. From claims he did in fact explain that his son has autism and would be making a little more noise than usual.

As an example of the frequent impossibility that many landlords find themselves in – had the landlord denied the application for tenancy based on the explanation of Logan’s disability, From and Oastler could have applied to the Ontario Human Right’s Commission for discrimination on the basis of disability. Now, they’re doing it anyways. This kind of thing can happen. Landlords can get raked over the coals over stuff like this – even if they do the right thing and have good intentions. To add a level of complexity to the situation – the landlord is also bound by the will of the condominium board (they pushed on the notice serving with the owner/property manager) – proving that condo landlords have it a little harder.

In the end, it sounds like it just wasn’t a good match between unit and tenant. From and Oastler are better served to be living in a single family home or a more audibly insulated unit from their neighbours. What do you think? Share an opinion here. I’d love to hear the thoughts of other landlords and tenants.

Freemen On The Land Is Not So Free After All

As reported earlier this weekend, Andreas Pirelli (a.k.a. Andreas Antonacci) was arrested and removed from Rebekah Caverhil’s duplex after a being ordered to evict the premises by the court of the Queen’s bench in Calgary. Since he didn’t leave, in the early hours of Saturday morning, the police took him into custody – not only because he didn’t leave when we was supposed to – but also because of some pesky outstanding arrest warrants in Quebec. Interesting development to say the least. You might be asking yourself what those outstanding arrest warrants were over. Well…let’s see.

Oh Hello. I'd ask you to come in...but...you know...this is an embassy. — Oh Hello. I’d ask you to come in…but…you know…this is an embassy.

The Huffington Post and Calgary Sun reported what the laundry list of accused crimes he faces in Quebec. That didn’t stop Ms. Malouf from talking to the Globe and Mail about the ordeal with the world’s best tenant.

In 2007 – Pirelli (Antonacci) moved into a unit that Ms. Malouf owned under the guise of “housesitting” for a friend. Ms. Malouf took pity on him, and allowed him to stay with the understanding that he’d be paying the rent. Sure enough – as the housesitting arrangement came to a close, Antonacci declared that residence an embassy and proceeded to tell Ms. Malouf that she had no rights and was incapable of removing him from the unit. In other words – he did this exact thing to this poor lady. One small detail to note though – at some point during this heated exchange between Malouf and Pirelli/Antonacci – he allegedly threw her down a flight of stairs, breaking her pelvis, arm, leg, and ankle. Antonacci, who had pleaded not guilty, stopped showing up during his 2010 trial and a warrant was issued for his arrest. As such – there was never an opportunity to rule on Ms. Malouf’s allegations. Considering Ms. Caverhill’s ordeal has been brewing for 2 years like a bad craft beer, it’s safe to assume the reason Antonacci never showed up for his court dates was because he changed his name to “Pirelli” and skidaddled to Calgary (cue the Benny Hill music).

Lawyer Guillaume Langlois, a Montreal defence attorney, confirmed he’s still the lawyer in a pending file involving Mr. Antonacci, but he said he hasn’t spoken to his client since he stopped going to court.

“I’m still in the file, but he’s under a warrant, I think,” Mr. Langlois said Wednesday. “It’s been a long time since I’ve spoken to him.”

Well…let’s hope they get acquainted again.

Embassy Tenant Andreas Pirelli Arrested This Morning In Calgary

Here’s an interesting development to the story with Andreas Pirelli. According to the Globe and Mail, he was arrested this morning in Calgary without incident from the duplex he “rented” from pensioner landlord Rebekah Caverhill and had illegally claimed was an embassy. There were a few outstanding arrest warrants in Quebec apparently, and the police were able to swoop in at around the time he was required to vacate the house, and took him into custody without incident.

You know…this is just a suggestion – but – clearly this guy fled Quebec and changed his name in Calgary for a reason. Just sayin’.

Judge Orders Eviction For Freeman On The Land Embassy

Good news this morning. CTV reported that Andreas Pirelli has been ordered to leave Rebekah Caverhill’s duplex by a judge of the court of Queen’s bench – by this weekend. As in 12:01 a.m. Saturday morning. A representative of Pirelli’s was present in court this morning for the ruling, and then became belligerent towards the judge by refusing to give his name or approach the bench when asked. Since freemen on the land don’t feel obligated to pay taxes or abide by any rules they don’t agree with, is this all that surprising?

I have to leave by midnight on Saturday morning?

With all of this said, I don’t think this is going to be the end of this just yet. Caverhill hasn’t seen the condition of the property and hasn’t entered the unit in a while. There’s also no guarantee that Pirelli is going to leave willingly or peacefully. I really really really hope he does. Then he can go back to his full time job of getting mistaken for Andrea Bocelli.

“I guess they are going to send a bailiff out with police to make sure there’s no problem,” she said.

So…what’s the lesson here? Never have a verbal agreement on a “spruce up” in exchange for 3 months rent. Always have everything in writing. Also – do background checks on prospective tenants. Pirelli is going to have a helluva time renting another place now. Good. Time to say good bye, Andreas.

Alberta Freeman On The Land Makes Life Difficult For Alberta Pensioner Landlord

Every landlord needs to be made aware of this situation. I read this piece in the Huffington Post today, and it made me quite angry. It ups the game in professional tenancy and redefines people taking advantage of other people for their own benefit.

Rebekah Caverhill is an Alberta landlord. She owns a duplex in Calgary’s Parkdale neighbourhood. She rented half of said duplex out to a guy named Andreas Pirelli back in 2011. The new tenant – a self described handyman – agreed to spruce the property up in exchange for 3 months of rent. When Caverhill came to inspect the work, she found that the kitchen and bathroom had been gutted and that the floors had been painted black. Pirelli declared the unit an “embassy” and identified himself as a freemen on the land. I’ll explain what this is…

Freemen on the land is a North American movement of “sovereign” citizens who basically believe that all statute law is contractual in nature. They further believe that law only governs them if they choose or consent to be governed. By implication, they believe that, by not consenting, they can hold themselves independent of government jurisdiction.

According to the B.C. Law Society and the FBI (who list the sovereign citizen movement as a domestic terror threat) Freemen may number up to 30,000 in Canada and hundreds of thousands in the United States. They believe they can avoid taxes, mortgages, utility bills and more. They state that they have an unfettered right to travel (hence their belief that they do not need driver’s licences, licence plates or insurance). They believe that government-issued identification is somehow different from the “natural person.” They commonly list their names in the format of “First:Last” (using a colon in between). They are loosely affiliated with Canadian “detaxers,” whose tenet is that income taxes do not have to be paid to the government.

In other words – they believe they can essentially do whatever it is they want and that laws don’t apply to them.

Back to Caverhill. Pirelli (also known as Mario Antonacci) changed the locks on the place, and informed Caverhill he was willing to pay $775 a month instead of the $1500 plus utilities they agreed on. To make matters worse, his company – CPC Universal Group – billed Caverhill $26,000 for the work. Caverhill also received a notice from the Land Titles Office and discovered the property had been liened for $17,000. Pirelli’s Linked In profile lists him as a supervisor/coordinator/estimator with CPC Universal Group AND a diplomatic minister with Sovran Nations Assembly – which has a website that looks as if it was designed in 1991. This guy must have a busy day.

As to be expected, when Caverhill – a pensioner who relies on the rental income – got police involved, they indicated to her that this was a civil matter, and that she needed to pursue this with the Alberta LTB.

Thoughts? Comments? Questions? As landlords, we all know professional renters exist, and they cost small landlords millions of dollars every year. Saying this is an interesting situation may be the world’s biggest understatement.

Vancouver Landlord Redefines Being Amazing

When tenants hashtag #amazeballs to a picture of their landlord, they’re thinking of George Woolsey. For the uninitiated, I’ll give you a quick recap of the situation involving Vancouver’s best property owner.

George Woolsey is a former Downtown Eastside landlord who has refused to pay thousands of dollars owed to tenants, and who has been the target of a years long legal campaign against him by a B.C. law society representing said tenants. He used to own Wonder Rooms SRO (single room occupancy) and the Palace Hotels SRO. Residents of his properties finally had enough of his antics, and filed a group action against him with the LTB. During a February 2011 building inspection of the properties, Vancouver city inspectors discovered 165 deficiencies, including a dead-bolted emergency exit, unsafe stairwells, missing or broken smoke alarms, damaged walls, floors and ceilings, and clear evidence of bedbug, cockroach and rat infestations, according to a report that was presented to city council. To boot – the bottom floor of the hotel, a vacant commercial storefront, was essentially a gigantic rat infestation that would have made Crispin Glover’s skin crawl. Council also heard allegations that Wolsey, a former pharmacist, was still involved in the distribution of methadone and that he evicted people from his properties if they failed to obtain their methadone from him. Lastly – council also heard from tenants that he would regularly intimidate them, made substantial efforts to prevent them from speaking to city inspectors about anything and everything, and paid residents well below minimum wage and under the table for simple jobs like renovations and cleaning up rooms after residents moved out or died. You know…the simple jobs.

The Residential Tenancy Branch ruled that Woolsey owed $18,163.75 to 10 different tenants for infestations and health and safety risks. What did Woolsey do? He gave a proverbial middle finger to everyone, refused to pay the amount, skipped a bunch of court dates and requirements to show up, and returned to the Death Star. Since Woolsey technically sold the buildings in 2012 (while facing an injunction from the city and foreclosure from his bank), he figured it wasn’t his problem anymore.

Pivot Legal Society announced last week that it had secured 10 arrest warrants as part of a three-year battle to get Wolsey to pay the money he was ordered to, proceeded to make a whack load of old style Western “wanted” posters, and put them up all over the city. Apparently, that was enough to get him to come down from Mount Doom and resurface, which he did a few days ago. Pivot prepped a backgrounder on the whole situation which you can find here. It’s fascinating – really.

It’s guys like this who give good landlords a bad name. What do you think?

Hamptons Landlord Pens Letter Of The Year To Lousy Renters

Caught this hilarious piece on Jezebel today. Long story short: a landlord in the Hamptons rented a residence out to some young professionals for the summer – for $40,000. Sounds like a lot, but it’s chump change for the Hamptons. Seriously.

The summer ended. The landlord came back to the residence, and proceeded to have a heart attack over the condition of the property. Her outlet of choice to articulate her displeasure? The world’s best point form letter.

With damage including a variety of “bodily secretions” that included blood and soiled linens, broken locks, and damage to wood mouldings and drywall, the landlord clearly had reason to be more than a bit miffed. As much as this piece was written to be a bit tongue in cheek, part of me kind of agrees with the author’s suggestion on “what would you expect here?”. If 10 guys with Lacoste golf shirts and popped collars rent out a house for a summer, this kind of thing might be a given – even if they work for JP Morgan Chase.

The landlord clearly has never seen Weird Science, 21 Jump Street, or Superbad. If you do a quick hashtag search for parties in the Hamptons on Instagram – things like #hamptonsparty and #hamptonspartyface come up.

Either way. Good for a chuckle.

Use A Move In Inspection Report, Already. Geez.

Caught this hot piece on the Globe and Mail today. A little ditty called “How To Steer Clear Of Bad Tenants”. In it – the move in inspection report is cited as the second most important document between the landlord and his/her tenant, besides the actual lease. Here’s the kicker. Most landlords don’t use one.

This is interesting. When you rent a car they use one. When you rent a boat they use one. Hell…I remember renting movies at Blockbuster and getting a call about the DVD copy of State of Grace I rented once looking like it had been dropped when they opened the case. Some people think they’re experts at “reading” other people. They convince themselves out of the necessity to cover all the bases. They don’t check credit scores. They don’t call previous landlord references. They just assume that since the new tenant they just rented a unit to is employed and capable of paying the rent, the likelihood of a kegger is minimal or non-existent.

I’ll cut to the chase. You should always use one. It’s the basis of an understanding – one that is paired with a mutual acknowledgement between you and the individual(s) renting from you, that what you are providing is in a certain condition prior to move in, and that it is meant to be returned to you in a certain condition. It’s as simple as that. Using a move in inspection report has the potential to save you money, clear up any excuse of miscommunication, and covers you in the event of something going south.

In British Columbia, a Condition Inspection Report is required by provincial law. The tenant and the landlord need to complete, sign, and date the form to show the condition of the residential premises at the beginning and end of the rental agreement. B.C. is smart about this, especially with such a great concentration of renters. Think about it – one of the biggest sources of conflict between landlord and tenant is often condition of apartments. A mutually acknowledged and signed off report greatly reduces the number of hearings that go to the LTB. The Northwest Territories, Alberta, and Nunavut also require signed and mutually acknowledged inspection reports to be completed.

It’s not the law in other provinces, however, they’re still highly recommended and it doesn’t mean you can’t use them. The CMHC put together a handy little rundown of what you should look for and point out when doing an inspection. Here’s a taste.

Walls and ceilings: note any dents, holes, or cracks in the plaster; scuff marks that don’t rub off; tears, bubbles, or peeling wallpaper.
Floors: note stains or discolouration in carpets; tears in linoleum; cracked or chipped tiles; dents, scuffs, or stains on hardwood floors. Carpet cleaning laguna hills can get rid of any stains on carpets.
Trim (including moldings, door and window sills and door and window frames): note stains, cracks, leaks or other problems.
Electrical outlets and lights: make sure they function.
Bathroom(s): make sure all faucets (hot and cold) work without leaking; water runs clear, not brown or yellow; water carries sufficient pressure in the shower and toilet; hot water tank holds enough for your needs. Check for chips or scratches in fixtures and tiles; walls around the tub for “sponginess”; countertops for dents, scratches, or stains.
Kitchen: make sure all faucets (hot and cold) work without leaking; water runs clear, not brown or yellow; all appliances work and are clean. Check for chips or scratches in fixtures and tiles; countertops for dents, scratches, or stains.
Exterior roof and gutters: check for a reliable seamless gutter company such as seamless gutter company in Wilkesboro to ensure optimal water drainage and protection for your home. If you need roofing repairs, then make sure to contact your local roofing company for a quick fix. Colorbond roofers in Brisbane provide durable, stylish roofing options.
Deck, balcony or patio, if applicable: check for chipped stone, warped or cracked boards, or problems with exterior siding.

Smart indeed. You can see the full list here.

Why Landlords Need To Change Their Perspective On Energy Efficiency

Came across this great piece about two Chicago landlords who decided that energy efficiency was going to be a central focus on their investment. Sandeep Sood and his wife own Chicago’s Jeffery Parkway Apartments, a 55 unit, 7 story building. They acquired the South Side building four years ago. They explain how the building was in bad shape, and one of the first orders of business upon purchase was the replacement of the building’s boiler.

“The first year we got this, we were able to retrofit a new stainless steel boiler. A little different design than your typical boiler. But we were able to increase our efficiencies by more than 60 percent with just this one measure,” says Sood. This and other efficiency upgrades cost about $110,000. Sood claims his total pay back on this investment occurred in about 2 years. Pretty impressive. In most cases, payback on efficiency investments like this occur in about 5-7 years. The Sood family’s units are all inclusive – in that they are paying the utility costs on rented units, but don’t assume that’s the only reason a landlord would do this. The piece goes on to mention a bit of a difference between older and younger landlords when it comes to stuff like this, and emphasizes the need for perspective with respect to investments in energy efficiency – even if your tenants are paying their own utilities.

Investing in energy-efficient upgrades, such as the replacement of outdated boilers with modern, high-efficiency models like the Vaillant ecoTEC Plus, can yield significant returns for landlords like Sandeep Sood and his wife. Beyond the immediate financial gains, these upgrades also contribute to sustainability efforts and enhance the overall quality of the property. The decision to opt for a stainless steel boiler with a unique design demonstrates a forward-thinking approach to property management, reflecting a commitment to both cost-effectiveness and environmental responsibility.

Daniel Olson, the Senior Energy Efficiency Planner with the Chicago Metropolitan Agency for Planning has a supporting consideration when it comes to putting money down on energy efficiencies and consumption with rental units. Even if you aren’t covering the utility costs.

“When you have happy tenants who have lower bills. They are going to lower your vacancy rates, so that you actually keep your buildings full with tenants which will increase the funds you have available,” Olson said. This is true. Keeping tenants in a unit can be less expensive than turning a unit over year over year. The agency mapped out a regional plan that identifies energy efficiency as one of the easier measures that can move the area toward sustainability. Things like upgrades to a high efficiency hot water heaters, insulating buildings and simply changing light bulbs to compact fluorescent lights and L.E.D.s.

But it’s not all on landlords either…sometimes tenants don’t care.

The conflict between landlords and tenants stemming from “split incentives” to install upgrades has been identified as one of the top barriers to capturing energy savings in commercially leased buildings, according to an indicator survey published by the Institute for Building Efficiency in 2012. The same thing applies to small residential landlords too. What’s a “split incentive” you might ask? It’s when tenants often pay the energy costs, leaving the owners with no interest in efficiency. Or conversely, if landlords pay the energy bills, the tenants have no incentive to conserve energy.

British Columbia has focused on this issue of split incentives. They started up something called the Green Landlords Project, and they published a compelling executive report on it. Check it out here.

What’s your take on energy efficiency? Have you made investments into your rental property with respect to it? Share with us!

Yee Haw! Eviction Law In Texas Become Uniform For All Counties.

Some good news from the Lone Star state. Effective August 31st, 2013, all 254 counties in the state of Texas will be required to abide by the same rules with respect to residential evictions. Previously, the process remained open to interpretation by local small claims courts and was a bit of an dentist waiting room dance. Why is this important? Well…it forces landlords to become more organized and it enables lone star state landlords to move more quickly in dealing with delinquent tenants. In many of the smaller counties, where precinct judges do not work full time, securing a court date in less than a month can be difficult. The new law forces the courts to set a date within a 10- to 21-day window.

“Timelines are so important and these rules were written out to help landlords deal with these tenants who are not paying rent,” said Bell County Precinct 4 Justice of the Peace Bill Cooke, who is a full-time judge. “These changes are not only going to give opportunity for more rights for the landlords but repair and remedy for tenants as well”.

Landlords previously took a tenant to court for an eviction hearing if rent wasn’t paid. The new laws will force landowners to take all of the tenants on a lease to court in order to evict them from the property.

Are you a landlord in Texas? What do you think of this legislative change? Share your thoughts with us!