PEI Landlords | Renting Well

Quebec Landlords Introduce No Weed Clauses In Leases

July 1st, 2018 marks the day the drug will be legal, but landlords are taking steps to ban smoking and growing pot in units which fuels what will ultimately be a national debate

Under Quebec’s proposed marijuana law, residents will be allowed to use marijuana recreationally in their homes but won’t be permitted to grow cannabis for personal use. Many landlords have already sent notices to tenants informing them they won’t be allowed to smoke weed in their apartments. According to the CBC, landlords are introducing clauses and conditions to get a handle on what many, if not most, assume will be an emboldened and more casual approach to smoking pot.

Kevin Lebeau, a spokesperson for the Quebec Landlords Association, thinks most people find the odour and presence of marijuana unpleasant and believes landlords need to act in the best interest of all of their tenants – including many who he believes will be vehemently against it.

“It diminishes your enjoyment of your apartment. For some people it is a health issue and other people don’t want their children exposed to this at all.” -Kevin Lebeau

In a recent association poll, a majority of members anticipate a significant increase in tenant complaints. As a result, a comparable majority has also indicated they plan to prohibit smoking marijuana inside their buildings altogether. This has put them directly in conflict with various tenant rights groups across the province who are questioning whether the smoking prohibitions will be legal once marijuana itself is legalized. The tenants’ association of Sherbrooke, Que., argues that banning tenants from smoking marijuana inside their homes will be discriminatory after July 1st. Other tenant’s rights advocates argue that since they are paying for the apartment, they should be entitled to consume cannabis or cigarettes without fear of consequence. Any position to the contrary is discriminatory.

“The landlord doesn’t have the absolute right to do whatever he or she wants at any time.” – Kevin Wright, tenant’s rights advocate.

Opinion: Neither does the tenant

Here are the facts. As of right now, marijuana is nationally illegal. Most Canadians support legalization and regulation of what is widely perceived to be a generally benign substance that has been vilified and historically mischaracterized in the media and by the government for decades. Many, if not most people, consider it something that has benefits for those who suffer and those same people, generally speaking, consider it to be a substance that is less harmful than alcohol and cigarettes, which are both legal and regulated, and have been for years.

There is no law preventing you from smoking CBD Oil UK products or growing cannabis in a rented unit. If your consumption or growing of marijuana impedes the use or enjoyment of another tenant’s unit or creates an issue for the landlord themselves (the landlord reserves the right to have a preference for a smoke free building or unit), then there is a problem. The landlord can pursue a provincially supported judgement against the tenant or an eviction if that is the case, and they should have the right to do that.

We need to ask ourselves if anything is served by conveniently dismissing certain realities or creating false equivalencies when it comes to this issue. Societally, we appreciate the right to clean air, personal space, and health. That’s why we have laws when it comes to not smoking in restaurants, in cars with children, or on planes.

“Smoking” cannabis is defined as the inhalation of smoke or vapors released by heating the flowers, leaves, or extracts of cannabis and releasing the main psychoactive chemical, Δ⁹–tetrahydrocannabinol (THC), which is absorbed into the bloodstream via the lungs. When you smoke weed, in most cases, the process is creating a smell. That smell comes from compounds made in the plant called terpenes or terpenoids. Not all weed stinks, but in the vast majority of cases, it will produce a noticeable scent. It can and often does, smell bad, and lingers in homes and apartments – much like cigarette smoke. It’s also a psychoactive substance. Exposure to the second hand smoke of cannabis is not exactly pleasant for anyone, kids or adults.

We put value on consideration and respect for other people’s rights to enjoying their environment and space. Why doesn’t that apply here? Because it is treated and increasingly categorized as a medicine for people? Because it is inevitably going to be legal? Because people have been unjustly jailed and discriminated against because of their weed habits? Because we feel people need to get over their own hang ups and misconceptions about a natural plant that has never been the cause of death when prescription drugs and booze kill more people in a day than weed ever has? Because the time is now to make people’s lives better with deserved access to something that will reduce suffering? All of the aforementioned might be true – but we got off topic pretty quickly there.

Alcohol is legal, however, if you were producing small batches of potato vodka out of your apartment without your landlord’s knowledge, and that process was impeding the enjoyment of the unit for others or created an elevation of fire risk or informed the environment in a way that was not in the interest of the owner (i.e. odour), would we be crying foul? What entitles us to do whatever we want in a rented apartment? If a landlord wants a smoke free environment, then why is that discriminatory? What is preventing people from smoking outside – like we ask them to do in most places like hospitals, libraries, or museums currently? You should be able to do whatever it is you like in a home you own, but when you’re renting, the landlord has a reasonable right to preserve the unit he is leasing to you and protect the interests and rights of the other people who do the same thing – because – they own the premises and assume most if not all of the risk. If you that doesn’t work for you, then you have the right to find a place that does.

Criminal Fraudsters Too Often Effectively Game Provincial Legislation

The eviction process in Ontario, Nova Scotia and Quebec typically takes between 3½ to five months. Due diligence is an absolute essential.

Go Public published a really interesting story this week about a landlord in Bedford, Nova Scotia who got burned by a professional tenant, badly. Elizabeth Anne Critchley was renting a duplex from Jim Johnson, and managed to not only secure exceptions for not paying her rent – but also loans by playing on her landlord’s sympathy. Critchley was a professional. Other known aliases are Betty Drake, Betty Burns and Elizabeth Anne Drake, and she has a criminal record that dates back more than 25 years and includes more than 120 convictions, many of them for fraud in Nova Scotia, Prince Edward Island and Ontario. By the time Johnson went to the Nova Scotia Residential Tenancies office in May, his financial situation had gone from bad to worse. CBC had reported on her sentencing in an unrelated fraud scheme back in 2014. She’s as bad news as it gets. She pleaded guilty to one count of fraud in 2014 and spent a year in jail when she defrauded a low-income Charlottetown couple.

Here’s the thing. Johnson didn’t do his due diligence. He did not run a background check on her. His mistake in trusting a bad character was not helped by a system in Nova Scotia that many consider to be more tenant friendly than balanced and that facilitates this kind of fraud. Johnson said the system moved so slowly, it allowed her to live in his duplex for three more months without paying a cent. All the while, Critchley was preparing for her next victim. She engaged Terry Gerard to rent Johnson’s duplex, using the name Betty Drake, claiming she was the owner and lived in the other unit. Tanya Gerrard gave almost $1,100 to Critchley in cash when she answered a rental ad for half a duplex. Critchley now faces charges related to Johnson, Gerrard and others, including two counts of fraud over $5,000.

“The tenancy board, in my opinion, takes care of the tenants and the landlords are on their own.”

Too many renters are getting away with not paying rent, then appealing eviction orders. The Toronto Star reported on the issue last year, hitting on a series of instances where professional tenants clearly demonstrate a strategic and intimate knowledge of bending rules and doing things just at the right time – like in the case of Eldebron Holdings vs. Jeffrey Mason.

Mason was renting a unit for $1700 a month. The only payment that cleared was his first. When the landlord filed an eviction application with the Landlord and Tenant Board in November, the tenancy was terminated and the tenant ordered to vacate the unit. On the last day before the eviction could take place, the tenant filed an appeal – buying more time. When the Divisional Court hearing took place in April, the landlord disclosed that the tenant’s previous landlord had been in court on a similar set of circumstances in May 2015.

Think that’s bad? How about the case of James Regan? How about Nina Willis? How about Adam Buttigieg?

A big part of the problem that leads to such long lead times before someone is officially evicted? Delays. The Federation of Rental-Housing Providers in Ontario says delays are happening in each step of the eviction process. They’re not helpful at all. They include but are not limited to…

Statutory delays, which means the legislated time landlords have to wait before taking action.
Hearing/order issuing delays, which is the amount of time landlords have to wait to get a hearing and then an eviction order after the hearing.
Enforcement delays, which is the number of days landlords typically wait for either a sheriff or a private bailiff to enforce an eviction order.

Provincial registries of the worst and most frequent offenders should be part of the solution.

Ontario MPP Ernie Hardeman says part of the solution should be a provincial registry of repeat problem tenants who exploit the system’s flaws. Such a list could be referenced before renting out a unit and would likely reduce a significant number of instances where an eviction order is being sought in the first place.

“We need a system to be able to find people who are doing this professionally, who have figured the system out”

Landlords often make the mistake of giving problematic tenants too much time to rectify a problem or being too lenient. Once they get wise, they realize they’re waiting months to get to the tribunal stage where an eviction notice is formally issued. Earlier this year, Ontario made changes to its Residential Tenancies Act, aiming to strike a “fair” balance between the rights of landlords and tenants. It actually ended up doing the opposite. Tenants who fail to show up at a first hearing now automatically get a second one that sometimes takes more than a month to reschedule. Meanwhile units are lived in by people who often have done this over and over again, and often simply move on and do it again to someone else.

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.

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.

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.

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!

Ontario’s Landlord & Tenant Act Has More Holes Than A Block of Swiss Cheese.

I’m pretty sick and tired of hearing the variety of gripes about landlords. Very few people like landlords and it’s easy as pie to pick on them. Too easy. As a matter of fact, I’m going to take it a notch up. I think landlords generally suffer from a grossly misinformed perception from renters and entitled people and are considered a privileged group – receiving more criticism than they generally deserve.

Sure – there are lousy landlords. Lots of them. I particularly have negative reserves of sympathy for predatory or blatantly negligent landlords who don’t care about the well being of their tenants or who ignore their professional and legal responsibilities and obligations. If you’re a George Woolsey – I think you need to go to jail.

With all of that said, Nina Willis was charged with fraud this week, and it’s about time. She – along with every other tenant who games the system for their own benefit (especially in tenant friendly provinces like Ontario) – are no different than con men. They should all be charged with fraud and we should have a public registry for people like this. Landlords, like consumers, should be protected. They deserve it.

Take Adam Buttigieg as another example. He has a gamut of fraud convictions and appearances at the Ontario LTB. The Toronto Star did a wonderful exposé on this guy last year. They revealed how tenants can delay eviction by exploiting protections offered through Ontario’s Landlord and Tenant Board, and how privacy rules keep landlords in the dark about bad tenants. It’s about time on that, too.

Nina Willis has been ordered out of at least seven properties since 2005. She’s a professional liar and fraudster. She deserves to go to jail because she knowingly and willfully lied on tenant applications and would exaggerate maintenance complaints as justification for withholding rent. Sometimes she’d even accuse landlords of discrimination or harassment. Whatever to delay the process as long as possible. Once that was done, she would effect her perfected dance of waiting for N4s, then waiting for L1’s and a hearing at the LTB, and then providing checks for the arrears amount during the mediation process, which would bounce. Stalling evictions in the province of Ontario is a relatively easy thing to do. Once she exhausted her options, she’d have already bought herself months of living rent free and would simply move onto the next landlord to do the same thing.

There are bad landlords. That’s a fact. There are also bad tenants. That’s also a fact. The most important fact in the province of Ontario is that if you’re a bad tenant, you can buy time on your landlord’s dime to pay the rent. You can use your landlord as a bank. You can live rent free for months if you really wanted to, and you can do it a number of times without getting caught. I understand the need for privacy, and believe everyone is entitled to it – but if you exploit people – you should be exposed. I’m glad Nina Willis’ is getting the justice she deserves, but it doesn’t change the fact that being a landlord in this province is a tough job and those who do it, suffer from a significant degree of financial exposure courtesy of our friends at Queen’s Park. Good legislation is airtight and adaptive when necessary. Ontario’s laws aren’t there yet, but they should be.

Questions? Comments? I’d love to hear them!

What Is Up With Mayors and Mayor Hopefuls Piping Up About Landlords?

I don’t get it. Naheed Nenshi told Calgary’s landlords to be “ethical” last week and not gouge tenants. Ok fine. Now -Toronto mayoral hopeful Olivia Chow is on the campaign trail saying she’s going to introduce stiffer measures for bum landlords who don’t maintain their properties. Some of the things that bother her are broken light fixtures, peeling paint, and bedbugs. It bothers her so much that she wants to create a city task force of sorts, that would issue display grades – much like they do for restaurants – on rental properties. Yeah because landlords in Ontario don’t have it tough enough already. Can anyone sense my sarcasm?

While negligent and reckless landlords should unreservedly be penalized and dealt with, I think it’s important to remember that Ontario (Ms. Chow is running for mayor of Toronto) is a province with legislation that is very tenant friendly. While the system isn’t perfect – it’s the one we have. Tenants have as many applications to make to the Ontario LTB as landlords do. They have remedies. The Ontario act is also very clear in terms of what landlords are required to do and what they’re required to provide. Every province – and as indicated this month on the blog, even every state – is different. Toronto, and the greater province of Ontario, does not need yet another layer of bureaucracy or a grading system.

There are bad landlords. George Woolsey comes to mind. They’re not fair, they don’t follow the law, and they have little to no concern about your well being. Flop houses and housing environments that are hazardous and not suitable for residence need to be handled. Everyone is entitled to live in a habitable and safe environment – BUT – I don’t think this warrants an election plan from a mayoral hopeful. Just like Naheed Nenshi – Olivia Chow is suggesting that something needs to be done on a municipal level about this in Toronto.

Like with most things, there is always good and bad, but it’s important to remember that there are also bad tenants. I don’t think Ms. Chow is labelling all landlords as “bad”, but I think she’s proposing something on the election stump that has the capacity to indirectly just make it harder for the majority of landlords in Ontario that are reasonable, responsible, and solid. The only good laws are the ones that are balanced and strike harmony between all of the interests in the mix. As much as I strongly dislike some of the aspects of Ontario’s act, on it’s face, it’s generally balanced. It is however the epitome of a “second, third, fourth, fifth, and sixth chance” kind of legislation and isn’t necessarily fair for landlords in many cases. It’s pretty easy to game the system and exploit a situation in the nation’s most populous province. Making money or even breaking even isn’t exactly easy here.

Mayors should be less concerned about trying to admonish landlords. That’s not their job…and there has to be an easier way to address properties not fit for habitation – if it’s in fact enough of a problem in Toronto that an elementary grading system needs to be introduced – than making our job harder than it already is.

Questions? Comments? We wanna hear ’em!

Arkansas: Bad For Tenants…But Is It Good For Landlords?

The U.S. state of Arkansas was recently featured in an excellent Vice News piece on what tenants in Bill Clinton’s home pasture deal with when they rent. The piece – entitled “Arkansas” The Worst Place To Rent In America” – was a fascinating look into a place where the lack of laws regulating the rental market work backwards. As founders of a software that serves landlords – not really tenants – and as landlords ourselves, we’d be lying if we said we didn’t sympathize more with the plight of property owners renting out to tenants. As we’ve said before, it’s a thankless job most of the time. With that said, we’re also advocates of healthy and productive relationships between landlords and tenants. Relationships that are fair, follow the law in whatever province, state, or district you happen to be in, and that include methods and approaches that are reasonable and equitable.

Here’s a few key things in Arkansas. It’s the only state in the entire country that has no “implied warranty of habitability”. In english, that means landlords have no legal obligation to repair or maintain their properties – unless there was a written or oral agreement to fix something. It’s also the only state where you can be fined and jailed if you don’t pay your rent on time. Seriously. Here it is. To real estate investors – this could be perceived as an ideal place to invest your money. The existing law favours landlords heavily, and repossessing property there is fairly easy to do when tenants don’t pay rent. On the other side of the debate, a 3rd of Arkansas’ almost 3 million residents are renters, and a high percentage of those renters have serious concerns and issues with the properties they rent. Most renters are agreeing to take their units “as is”. By law – tenants are required to pay their rent no matter what – even if landlords don’t repair or maintain their buildings and units. Taking into account that Arkansas is the second poorest state in the U.S., and that 18% of the population live below the poverty line, this creates a situation where in arrears renters get swept up into the criminal justice system.

As a tenant, if you don’t pay your rent – even if your roof has holes in it and your windows are broken, not paying gives you 10 days to vacate. If you don’t – you could go to jail. Don’t bother contesting the order to vacate, because in the vast majority of cases, tenants don’t get the opportunity. The legal process for getting in front of a judge is convoluted by the black and white insistence of whether the money is owed, and if it is, for whatever reason that might be, you’re more likely to see the inside of a jail cell than a judge. The state’s unique “failure to vacate” law sees tenants charged as criminals purely on their landlords’ say-so, without any independent investigation by prosecutors. That’s why 90% of tenants who receive an order to vacate decide to just leave. It’s simply a criminal issue immediately. To boot – Arkansas is one of only 10 states that don’t prohibit retaliatory eviction. For the uninitiated – retaliatory eviction is when the landlord doesn’t like something you’ve done..like the reporting of a health or building code violation…and wants you out of the unit. So, in short – if you’re landlord doesn’t like your face, you can be evicted. If you make a complaint, you can be evicted. If your landlord simply wants you out of the unit, and you’ve been paying on time – they can rip up a good check or make themselves conveniently unavailable to accept cash from you on whatever agreed upon date, and you’d technically be evictable.

The Non-Legislative Commission on the Study of Landlord-Tenant Laws, created in 2011 by the state legislature, released a report on Dec. 31st, 2013 that recommended 15 tenant-landlord law reforms. Lynn Foster, professor at the William H. Bowen School of Law at the University of Arkansas at Little Rock and a member of the study commission, said, “If you’re on a month to month lease, maybe it says the landlord makes repairs, maybe it doesn’t — but if you report something to code, the first thing the landlord is going to do is try and evict you. That’s why it’s imperative that if we adopt a warranty of habitability, we also adopt a statute prohibiting retaliatory eviction.”

Human Rights Watch, an organization that follows rights violations worldwide, issued a report in 2013 called “Pay the Rent or Face Arrest: Abusive Impacts of Arkansas’s Draconian Evictions Law.”

This is all a far cry from some of the provinces and states that have laws that in some cases favour tenants. Good laws achieve as much of a possible balance possible between the obligations of providing habitable and functional dwelling to people paying for them while also protecting the landlord’s rights and property. The lack of this in Arkansas has police being involved with evicting people for not paying their rent – an almost ridiculous waste of that resource – and people who don’t pay their rent for whatever reason in many cases entering the criminal justice system.

What do you think? Are you an Arkansas landlord? Are you an Arkansas tenant? Share your thoughts with us.

Home Insurance Industry Kicks Montreal Landlord To The Curb After Repair

Montreal property owner Sari Buksner is in the midst of a nightmare of sorts, courtesy of her insurance company, and she’s yet to wake up from it.

Back in 2012, one of her tenants alerted her to a leak dripping from the second floor to the first. Her insurance firm saw the problem was a valve linking to her water heater on the second floor. They also proactively noticed a completely separate leak, near the toilet of her third floor. The estimate on the repair work for both claims originally came in at a little under 20K.

In moments like these, having a robust home insurance policy is pivotal. Home insurance acts as a safeguard against unexpected damages, providing a layer of protection that extends beyond the immediate costs of repairs. It becomes a vital asset in mitigating financial stress and ensuring that unforeseen circumstances don’t turn into prolonged nightmares for property owners like Buksner.

In a broader context, individuals should also consider the significance of financial planning, which extends beyond property concerns. Life insurance, for instance, offers a safety net for loved ones in the event of unexpected tragedies. It serves as a crucial component of comprehensive financial security, providing a foundation for long-term planning. Moreover, individuals might be pleasantly surprised to discover that they can Get a tax deduction on life insurance. This financial incentive adds an extra layer of appeal to life insurance, making it a strategic and potentially cost-effective tool for safeguarding one’s financial future. Just as home insurance shields against property-related nightmares, life insurance, with the added benefit of potential tax deductions, contributes to a holistic approach to financial well-being.

Amidst the challenges faced by property owners like Sari Buksner, it’s evident that unexpected issues, such as leaks, can quickly escalate into complex and costly repairs. Just as vigilance is crucial in addressing plumbing concerns, the importance of a sturdy and well-maintained roof cannot be overstated. In situations where unforeseen damages extend to the building’s structure, seeking the expertise of a local company becomes paramount. For property owners in Montreal, navigating such predicaments necessitates a reliable partner. Their commitment to timely and efficient solutions aligns seamlessly with the urgency often required in property maintenance. By entrusting the care of the roof to roofing and siding contractors, property owners can not only mitigate potential damages but also navigate the intricate landscape of insurance claims more effectively, ensuring a swift and comprehensive resolution to their property concerns.

After the meticulous process of resolving structural issues, the prospect of revitalizing your living space post-renovation can be both exciting and daunting. Just as a reliable roof safeguards a property, the decor within defines its character. While the aftermath of repairs may leave you yearning for a fresh start, the choices you make in adorning your space matter. Explore the array of possibilities at untamedcreatures.com, where a fusion of affordability and style awaits. The site not only caters to budget-friendly options but also presents an opportunity to infuse your newly renovated space with a touch of individuality. It’s a destination where the practical meets the creative, ensuring that your post-renovation decor journey is as seamless as the resolution of unexpected structural challenges.

According to the original CBC News piece, Buksner said she settled with a contractor recommended by the insurance company after the first one she found declined the job, indicating it was beyond their capabilities. Once she started with the recommended contractor from the insurance company, the work began, and unexpectedly continued for months. Some of the reasons for this included a lack of proper insulation for the new pipes, which froze, creating an even bigger issue than the initial leaks. A rip up was required, and a complete re-do of the work – as in new pipes, gyproc, drywall, painting, and Expert Liquid Rubber Roof Installations. The initial $20K that was speculated turned into a little under $87,000 in construction/renovation costs. On top of this – the insurance company paid her $58,155.00 in lost rental income while the work was taking place. The total payout to Buksner was about $145,000. Whoa.

After the work was done, her insurance company decided not to renew her policy – something that insurance companies have the right to do.

So far, she has only found a willing insurer in the substandard market, and that policy would cost her around $11,000, roughly $4,000 more than what she was last paying, per year. Adding insult to injury, she’d be required to pay the whole thing up front and wouldn’t receive water damage protection. Feeling overwhelmed, she contemplated seeking advice from a California personal injury lawyer. The personal injury lawyers from Kogan & DiSalvo law firm can help.

Thoughts? Comments? From personal experience, water damage claims aren’t exactly a cakewalk. Here’s another kicker – water damage claims are on the rise in Canada.