Tenant Credit Checks | Renting Well

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.

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!

Professional Tenants Need To Pay Or They’re Going To The Big House

Last month…we talked about Susan and Chris Perret, the notoriously terrible tenants who have been professionally squeezing a bunch of B.C. landlords.

On April 28, a judge in Port Coquitlam small claims court ordered Susan and Chris Perret to repay $6,000 to former landlord Suman Parasad by June 9, or go to jail.

Parasad was the first landlord to take the Perrets to small claims court over unpaid rent, claiming the pair racked up almost $8,000 in arrears in 2013.

Two more landlords have since contacted the CBC to say they have been the victim of the Perrets’ apparent scam. That’s a grand total of eight landlords who are now working together to fight back as a group.

Landlord Sues Grow Op Operators For Destroying The Place!

A landlord in Calgary is suing former tenants for $105,000 after police discovered a grow-op in the rental property in 2011, which caused extensive damage to the house. David Gin and Michelle Chen were charged, but only Chen was convicted, sentenced, and ordered to pay restitution to landlord Steve Habbi.

“I came home from work and saw basically a police raid in action,” Habbi said. “People in bio suits and bullet-proof vests and guns and things like this, which was really surprising to me … How do people who seem so friendly to your face run something like that?”

Here’s a shocker. Habbi had checked the pair’s references when they first moved in and those all checked out, including Gin’s job as a tax auditor with the Canada Revenue Agency.

200 potted cannabis plants were removed from the property – each with an estimated street value of about $1250 each. If you do the math – that’s $250 grand. The couple had about 100 U.V. lamps in basement bedrooms. The system was set up so that it was being vented inside the house, which expedites the cultivation of mold.

Chen and Gin were charged with possession of a controlled substance for the purpose of trafficking, production of a controlled substance, theft of water and electricity and mischief. More than a year later, in November 2013, Chen pleaded guilty to production of a controlled substance and charges against Gin were withdrawn.

Chen was given an 18-month conditional sentence to be served in the community under strict conditions and was also ordered to pay $10,000 in restitution. When Habbi argued the damages he incurred were well above the restitution amount, he says the Crown told him to sue the couple.

The case is ongoing, and Gin and Chen have yet to file a statement of defense. Steve Habbi has some advice for other landlords, though…

“Mandate in your lease that you will be doing physical home inspections on the interior of the property,” he said. “Your only hope is to deter them from coming into your property.”

Couldn’t agree more, Steve!

6th Time’s a Charm For Deadbeat Tenants!

Susan and Chris Perret have been served with an eviction notice again — the sixth time in two years and only one day after the CBC first broke the story on these two.

Cara Falconer said she rented to the Perrets in Maple Ridge without a reference because she believed them when they told her their previous landlord had stolen their money and left town. Falconer is already out $1,500 after the cheque for April bounced.

The couple gave Falconer a $750 cash damage deposit and $400 cash for a pet damage deposit, as well as three cheques for three months’ rent for the top storey of a house at the north end of 236th Street. But the Falconers are not counting on the rent cheques clearing for the next two months. That’s probably a safe assumption.

Professional Tenants Royally Screw Multiple B.C. Landlords

CBC ran an exclusive story this morning on two highly professional tenants who are working the system in a huge way in British Columbia.

Susan and Chris Perret, have lived nearly rent-free in at least five homes over the past two years. CBC News found records going back to August 2012, when the pair were evicted from one Maple Ridge home. They affect people financially, ignore eviction orders, bounce rent checks, and prey on property owners and landlords. Most importantly – these two know the province’s landlord and tenant legislation better than most people. The only thing they know how to do better than this is moving every 3-9 months.

Amy Spencer, president of Landlord B.C., says tenants like the Perrets are exactly what her association want to warn its members about.

“Ninety-nine per cent of tenants are good, but it’s those ones that get out there, like the ones in Maple Ridge, that give tenants a bad name,” Spencer said.

Landlords who lost money to the Perrets are angry no one at B.C.’s Residential Tenancy Branch warned them about the couple’s history of evictions.

“When people go around doing it professionally time after time, I mean, somebody — there should be a place that you can check,” said landlord Noel Beaulieu, who said he was out $1,500 from the ordeal.

Kim Gouws, who evicted the Perrets last month, said she was frustrated there didn’t seem to be a way to warn the next landlord.

“Every time I’d call I’d say,’ what about the next person? They’re just going to do this to another innocent person. How can I stop that?” she said. “I couldn’t.”

Credit and background checks everyone.

Saskatchewan Reviews Dumb Law That Allows Landlords To Discriminate Based On Sex

Saskatchewan’s Justice Minister Gord Wyant is reviewing a decades old section of the province’s Human Rights Code that permits discrimination against some renters over sexual orientation. The code technically allows landlords of one- or two-unit homes to discriminate on the basis of sex or sexual orientation when they rent out space in a building in which they or one of their family members also live. It goes a little something like this…

(3) Subsection (1) [discrimination in housing matters not allowed] does not apply to discrimination on the basis of the sex or sexual orientation of a person with respect to the renting or leasing of any dwelling unit in any housing accommodation that is composed of not more than two dwelling units, where the owner of the housing accommodation or the owner’s family resides in one of the two dwelling units.

In 2011 – UBC conducted a study on over 1700 rental inquiries and found some depressing results. Same-sex male couples are nearly 25 per cent more likely to be rejected by landlords seeking renters.

Good on the current Justice Minister to review this. Saskatchewan has yet to receive a report of this kind of discrimination occurring, but it’s never too late for a little spring cleaning, and it’s nice to see proactive measures to continue level the playing field for everyone – regardless of sexual orientation. After all – it’s 2014.

Gay, lesbian, and transgender people rent, work, and pour money into the economy like everyone else – something that some of the lawmakers in Arizona are still wrapping their heads around. Even a Canadian landlord or two could use a bit of education about this kind of thing….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.