New Rental Lease Agreement in Ontario, Canada

What Ontario, Canada landlords need to know about the new rental  lease agreement.

Watch this great interview with my guest,  a great  Paralegal,  Harry Fine, who shares his insight with me, Maria Rekrut.

https://www.facebook.com/maria.rekrut/videos/1487248934731753/

Posted in 2nd, 2nd home owners in real estate, Accommodations, landlords, landowners, Niagara Falls, Niagara on the Lake, niagara on the lake, Niagara Real Estate Investment Group, Port Colborne, Real Estate, real estate investors, Rent to Own, second home owners, St Catharines, Uncategorized | Tagged , , , , , , , , , , , , , | Comments Off on New Rental Lease Agreement in Ontario, Canada

Calling All Landlords – We Need to Change the Landlord and Tenant Board

Calling All Landlords, Landowners and Real Estate Investors 

 

We need to change the Landlord and Tenant Board, we need our voices heard by the people who are making decisions about our properties.  These people are not landlords or real estate investors nor have they suffered through going to a hearing, nor have they had to pay for repair and damages that “Unhappy tenants” felt it was their right to do, and we can’t collect for damages!!

 

I’m asking all the landlords, landowners and real estate investors and  real estate professionals, lawyers, paralegals, mortgage brokers, insurance brokers and banks to please send out this letter and let our voices be heard!!

 

 

The Honourable Peter Milczyn
Minister of Municipal Affairs and Housing
777 Bay St., 17th Floor
Toronto, ON
M5G 2C8

 

Dear Minister:
I am writing you as a small landlord and member of the 15,000  strong group of landlords, of the Canadian Real Estate Investors Association, and our Sister Associations from across Canada, the USA and the World,  who look to each other for assistance in navigating Ontario’s difficult and complicated residential tenancy laws.  We are millions in numbers and up until now we haven’t been heard or listened to.  We need to change how the Landlord and Tenant Boards conducts business, and we need to have their files made public.

 

The quasi-judicial agency overseeing rental housing in Ontario, the Landlord and Tenant Board (‘LTB’), is broken. The heavy load at the provincial Board combined with the automatic right of appeal of a Board decision to the courts routinely delays justice. The inconsistency of decisions by adjudicators at the Landlord and Tenant Board is shocking. Most of their mistakes come from the lack of common sense, the overly strict interpretation of the wording of the statute without giving regard to the purpose of the statute or the real substance of the disputes.

 

The appellate body, the Divisional Court, almost always fixes the problem with common sense decisions but that’s a slow and VERY expensive process that most landlords can’t afford. Glaring drafting errors and oversights have not been fixed through statutory amendment.

 

More than once the Divisional Court has suggested that the Tribunal and the government get its act together and fix the problems.

Over the last two decades the appellate courts have made a number of decisions modifying the generally accepted interpretation of the law. For instance, a recent appellate decision has confirmed that lease-breaking parties are legal, negating the purpose of lease term as a benefit to the landlord.
A decision in 2007 from the Ontario Court of Appeal, Price v. Turnbull’s Grove Inc., 2007 ONCA 408 (CanLII) struck down a section of the RTA that deemed unlawful rent to be lawful if a year had passed and the tenant had not disputed the lawfulness of the rent. This was a result of inadvertent drafting.

 

This decision has thrown rent disputes into disarray. Evictions for non-payment can’t happen unless the lawful rent can be determined. Successive governments have had over 10 years to fix the problem and to this point have ignored it despite the occasional updating of the Act.

 

Serious confusion now exists between the jurisdiction of the Landlord and Tenant Board and the Ontario Small Claims Court with regards to utilities as well as for damage or rent owed after a tenant has moved out. The issue of a landlord’s claims for damages that are legal in nature, not physical damage where something could be repaired or replaced, is also a grey area in terms of the LTB’s jurisdiction.

Now this April, this government has further shifted the balance, discouraging small landlords and driving us out of the business of creating housing, much of it affordable through basement second suites. The Ontario government and non-profit agencies practically beg landlords to rent out units despite the terrible risk landlords take and the unattractive rental environment the government has created.

 

The 2011 Strong Communities Through Affordable Housing Act, and the recently passed Promoting Affordable Housing Act, 2016 which promote inclusionary zoning are honest efforts to create more accessory suites and affordable housing. But it won’t work and landlords won’t open up their homes until some of the risk is mitigated, the playing field levelled and the confusion eliminated.

The LTB’s Rules of Practice need amendment related to serving notices of entry. Email is not allowed, yet fax is permitted. Currently, a landlord with a home in Burlington and a rental in Oshawa wanting to change a furnace filter on the weekend, would have to drive from Burlington to Oshawa on Thursday or Friday to serve a notice of entry, return home, and then make the trip again on the weekend to change the furnace filter. In a day and age when most faxing is done via email and e-fax, it is ludicrous that the RTA Rules permit service of notices of entry to tenants by fax and not by email. Our tenants generally do not have fax machines, and they all have email.

We urge you to re-consider the elimination of the s.6 exemption on rent increases. Those of us who are investors in condominiums will have no choice but to charge higher rents to mitigate the risk of increasing condominium fees or special assessments which cannot be recovered. Above Guideline Increases can not recover costs incurred through these types of aggregated expenses.

 

I am asking specifically for eight changes to the Residential Tenancies Act that would assist landlords, restore some balance and create efficiencies:

1. Reconsider the proposed elimination of the s.6 guideline exemption

2. Streamline the LTB process to have matters resolved more quickly, ensuring that rent is paid into the Board by the tenant if disputes are protracted

3. Fix the confusion currently existing between the Small Claims Court and the LTB regarding jurisdiction for utilities and post-occupation claims at Small Claims Court for damage and rent.

4. Amend the RTA provisions regarding “damage” to make it clear that the LTB is the forum for legal, monetary damages, not just physical damage, arising in the rental complex. That will go a long way in resolving the LTB vs Small Claims Court confusion.

5. Allow service of notices of entry (not termination notices) by email if the parties agree in the lease that communication may be by email and if they have provided their respective address in the lease.

6. Lease term has become meaningless. Jurisprudence since the Act came into force has confirmed that lease-breaking parties are legal, negating the purpose of lease term as a benefit to the landlord. This needs fixing. A notice to terminate that can be remedied (rent N4’s for instance) should not end the tenancy thereby ending any statutory or common law obligations related to term.

7. Fix the problem caused by Price v. Turnbull’s Grove. Governments never intended sections 136 and 116(4) of the Act to operate in this conflicting manner.

8. While theoretically tenants with a non-smoking lease can be evicted for smoking, the legislation should be more specific. This is especially important with the impending legalization of marijuana. In addition, Ontario should specifically ban the proposed “4 plant” rule from all rentals.

In summary, I am asking that the government consider fixing, clarifying and modernizing the Act to make it more balanced, instead of just amending with the April 20th amendments which will simply drive more landlords out of the business.

Yours very truly,

cc: Premier Kathleen Wynne
PUT LOCAL MPP NAME HERE AND COPY THEM AS WELL

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Reiclub.com- Top 10 Investing Blog Posts From 2017

Our Top 10 Investing Blog Posts From 2017

imageshttps://www.reiclub.com/realestateblog/our- top-10-investing-blog-posts-from-2017/

I’m happy to say that my blog was chosen as  #10  with my blog about Airbnb and Short Term Rentals!!

Posted in Bed and Breakfast, Blogging, Fix and Flip, holiday vacation properties, home stay, hotel, Inns, luxury homes, Marketing, Marketing for Vacation Rentals, Marketing in the 21st Century for Vacation Rental Owners, motel, motels and hotel owners., Niagara Falls, niagara on the lake, Niagara Real Estate Investment Group, real estate agents and brokers, second home owners, Social Media, social media marketing, Women in Real Estate | Tagged , , , , , , , , , , , , , | Comments Off on Reiclub.com- Top 10 Investing Blog Posts From 2017

Niagara Real Estate Investors Association – Dec. Meeting 2017

Join us tomorrow night, Thursday, Dec 28, 2017 at 5pm for our last 2017 meeting of the Niagara Real Estate Investors Association.

https://www.facebook.com/events/2023902227888697/?active_tab=about

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Five Key Elements To Successful Real Estate Management

Good Management will make the difference between your real estate business making a profit or loss. Finding the missing pieces in your employee engagement effort will increase your bottom profit line. It’s not about providing motivation, it’s about providing good management.

The vast majority of employees start to work for you will have tons of  “want to” at least on day one. Most of the workers I have encountered  act the same.  They want to do a good job, and, furthermore, they instantly have ideas about how to improve their new work place or your property.

On day one they come motivated, they come wanting to do a good job, they come ready to make it better. So what happens? In a sentence, we, as managers and leaders, get in the way of their desires.

Not all efforts at work enrichment and employee empowerment, are unsuccessful. Some people have found a formula that works.  Here is what I have observed, if you, as a manager and owner of your business, fail to supply any of the five key elements I list here, you will, sooner or later, de-motivate your employees and steal from them some measure of the power of employee engagement.

Five Key Elements To Successful Real Estate Management

The five key elements are:

  1. A sense of meaningfulness
  2. A sense of control
  3. A sense of accomplishment
  4. A sense of growth
  5. A sense of community
Let’s look over each one of these points:
 

1.  A Sense of Meaningfulness:

Workers show greater interest in their work when they understand they are working for a meaningful task and when they are serving a higher purpose. This is a question you need to ask yourself. Is your management actions solely focused on the goal of making money?

Studies show that if management’s actions are heavily focused on “the bottom line at all costs, your employees sole focus will, predictably, be, “What’s in it for me?” They won’t “want to” work for the company, only for themselves — and they won’t “want to” improve the workplace.  Employees need to “see” that their contributions are not only necessary but significant and that their ideas are considered and at times utilized.
2. A Sense of Control:

Do your workers have some way to get input into the things they can affect and the things they should affect?
Do they have ways to control what and how they do things, or are they just following instructions. If it is a “my way or the highway” management style, employees will find the highway as soon as something slightly better appears.

 

3. A Sense of Accomplishment:

Do your workers have ways to determine whether they have done a good job? Can they answer the question, “How did I do today?” Can they go home knowing they did well? Can they tell each hour of each day if they are doing their job well?  Are their visual indicators in place?

 

4. A Sense of Growth:

Do your workers have a way to contribute and grow as individuals?  Can they improve their skills via training? Is there a conscious effort to create “future opportunities,” or does your company supply no sense of hope for the future of the individual? Studies show that company’s that reward their employees
with opportunities to exercise their demonstrated skills, such as writing new procedures or training other employees to their level of competence are far more productive.

 

5. A Sense of Community:

Successful company’s have a true sense of teamwork at work.  Employees have reasons to proudly wear the company logo on their shirts.  Humans are a social animal, and if their sense of community is not fed at work they will seek it out elsewhere. You can perform a reality test on these five key elements. For the most part, good business owners understand how to utilize these five elements to acquire and retain their workers.

If you want a successful business you will need to manage both your human resources and your financial resources. Good management requires commitment on your part as a business professional  to upgrade your management skills by taking management courses.  These courses will upgrade and increase your business.

Happy Investing,

Maria Rekrut

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Stop Licensing in Thorold, Ontario, Canada

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Stop Licensing in Thorold, Ontario, Canada

 

I hope to see everyone out on Thursday, November 30, 2017 at 5 pm, at

George’s Greek Village, 535 Queenston St., St Catharines, ON

We’ll be discussing the new #ThoroldLicensing By-law and how it will impact your rental business and how much it will cost you. Please sign up below:

https://www.meetup.com/Niagara-Real-Estate-and-Vacation-Rental-Investors-Group/

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Secrets for Successful Short Term Rentals

  • Secrets for Successful Short Term Rentals
  • AAEAAQAAAAAAAALGAAAAJDVlMjYyZTA1LWMwMTEtNDMxNi05MDA4LWUyYmU4YzhlNThlOQ
  • Short term rentals have become my favourite form of real estate investments.  You may be wondering why this is so.  The reason I prefer short term rentals over long term rentals is because you get a better quality of tenant or guest over the long term tenants.I have my own strategy on how I make money during both my high and low seasons.  I’m happy to share my strategies that I revealed during this podcast.  I was asked specific questions so that I have in fact I revealed my strategy.  I’m happy to share my  ideas and strategies with the Reiclub members.Here’s my interview about short term rentals:  https://youtu.be/930KdGmn0RA

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Landlord Rental Agreements

Landlord Rental Agreements05-05-14-rental-contract

When renting out your rental property , a homeowner should have a rental contract, or agreement, which spells out everyone’s obligations in order to ensure that both parties are clear as to what exactly the agreement is, and are protected, should the other not hold up his or her end of the bargain.

Writing  A  Rental Contract

1.  Create a title for your contract.  The title of a contract should be at the top of the document in bold type and should reflect the contents of the agreement.

2.  Describe the parties to the contract and state the date the contract will be signed. When describing a party, include his or her name, and the title by which he or she will be referred to throughout the contract, such as Guest, Homeowner, or Tenant.

For example, “This Vacation Rental Agreement is being entered into by John Smith, “Guest”, and Jane Smith, “Homeowner”, this 10th day of April 2013.”

3.  Describe the property being rented.  One or two sentences stating the address of the property and what furnishings and/or appliances are included is sufficient.

For example, “The property is located at 1212 Lawrence Street, Lawrenceville, ON 55555, is furnished, and includes a refrigerator, oven, stove, and dishwasher.”

4.  State the term of the lease.  One sentence, which states the date upon which the Guest may enter the premises, and the date upon which he or she must vacate it is sufficient.

For example, “This lease begins on May 1, 2017 (“Check-in Date”) and ends on October 31, 2017 (Check-out Date).” 5.  Provide the payment details. Include the amount of the deposit and monthly payments due, the date upon which it is due, the form(s) of payment accepted (cash, check, money order, or credit card), the beginning and ending dates of the payments, and the address where payments should be mailed and/or can be dropped off.

For example, “Guest shall pay to Homeowner a deposit in the amount of $700 due upon execution of this Agreement, and then $1200 on the 1st day of each month, beginning on June 1, 2013 and ending on September 1, 2013. Payment shall be in cash or personal check or money order made payable to Jane Smith, and mailed to Jane Smith, 1212 Lawrence Street, Lawrenceville, ON 55555.”

6.  Describe your cancellation policy.  Keep this simple and easy to understand.

For example, “Should Guest cancel his or her reservation, in writing, at least twenty-one (21) days prior to the Check-in Date, one hundred percent (100%) of the deposit will be refunded. All other cancellations will result in no refund of the deposit.”

7.  Describe the terms of your deposit refund policy.  A sentence or two stating when the deposit will be refunded, under what circumstances it will not be refunded, and to whom and in what form it will be returned is sufficient.

For example, “All deposits will be refunded by check payable to the first Guest listed on this agreement, within forty-five (45) days of Guest’s Check-out Date. If any amounts are subtracted from Guest’s deposit refund, a complete invoice will be provided to Guest along with any partial deposit refund.”

If you allow guests to purchase a non-refundable deposit waiver in lieu of paying a security deposit, this information should be included in this section.

8.  Define the duties of each party.  This section can be as long or as a short as needed to completely and accurately describe the duties of each party. Some things to consider including in this section of the agreement are:  Condition in which the property should be left.  While it seems obvious that a Guest should leave the property clean and undamaged, ideas about what clean and undamaged means may vary. Be specific about what you mean by clean. For example, “Guest shall leave the property swept and vacuumed, with washed appliances and bath fixtures, and trimmed lawn.”

Having your lawyer or paralegal look over your vacation rental contract is highly recommended.

Happy Investing,

Maria Rekrut

#Commercial, #RentalProperty, #, #, #, #, #, #, #

#, #, #, #, #, #, #, #, #, #, #, #, # #landlordrentalagreements.

 

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Women Need to Invest in Real Estate

  • Women Need to Invest in Real EstateHere is my published article about why women need to invest in real estate.  Only in real estate can a woman become truly financially independent.   Enjoy the article.Cheers
    Maria

    Maria Rekrut archive https://www.reiclub.com/realestateblog/why-women-need-to-invest-in-real-estate/

    http://www.realwealthrealestate.com/
    Email: realwealth@live.ca
    Tele: 289-271-0496

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Successfully Investing in Short Term Rentals With Maria Rekrut

Thanks to Gary Hibbert from Smart Home Choice Inc. for a great interview, it was so much fun talking to you and sharing my story!!

I appreciated sharing my story with you. It brings back such great memories. #ShortTermRentals, #Airbnb, #VRBO, #Expedia, #Booking.com, #MariaRekrut, #GaryHibbert, #SmartHomeChoice, #BedandBreakfast, #VacationRentals, #Condo

Kind Regards,

Maria Rekrut

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Posted in 2nd, 2nd home owners in real estate, Accommodations, Bed and Breakfast, holiday vacation properties, home stay, hotel, Inns, luxury homes, Marketing, Marketing for Vacation Rentals, Marketing in the 21st Century for Vacation Rental Owners, motel, motels and hotel owners., Niagara Real Estate Investment Group, real estate agents and brokers, second home owners, vacation rental, Women in Real Estate | Tagged , , , , , , , , , , , , , , , , , | Comments Off on Successfully Investing in Short Term Rentals With Maria Rekrut