Posted by Dan McIntyre on 7/16/2009, 5:07 pm, in reply to "Re: What Landlords say"
I won't go into a lengthy answer, but the problem is similar to the problem that some smaller landlords have.
Tenants are not in the business of being tenants. Going to the Board is much easier said than done. The Board is not user friendly for tenants, and for groups of tenants it can be even worse.
There is no group that is funded to help tenants make applications - and the Board takes a we must be neutral approach - even when the tenant has work orders and pictures in hand. The FMTA can only give basic information and encouragement. We do help organize groups of tenants, and that yields some results, but the landlord lawyers or para legals are able to stall and obfuscate...and basically outlast the tenants.
So tenants who are struggling to pay rent will have to struggle through a system to get what they pay for. And the results are not encouraging.
Landlord licencing would fund a much more pro-active property standard system that would expose repair work - and put pressure on to get it done.
For example, a tenant would have no direct way of knowing that a boiler was in disrepair, or a hydro vault was capable of exploding (i.e 2 Secord)-
In a good system, landlords could not get away with neglect. In the current system, they do.
OK, so this response turned out to be longer than expected.
And for the information of some misinformed landlords - legal aid does not usually represent tenants in tenant applications.
They do represent tenants in eviction matters and human rights matters.
--Previous Message--
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: As for landlords, they should repair
: immediately if it is affecting the tenant,
: like security issues (broken window or front
: door),water, hot water, heat, utilities,
: etc, and they are forced through municipal
: housing and standards or face serious rent
: abatements (or fines), as for less serious
: issues, like a cracked tile or broken
: cabinet door, one month from the time LL is
: notified. I say one month as not all
: landlords do their own maintenance and must
: hire out the jobs, but two weeks would be
: perfect. If not done, pay the rent into the
: LTB and file a maintenance claim. Tenant has
: proof of notification, comes prepared for
: the hearing, LL gets order to repair in one
: week and tenant pays rent into the LTB until
: the work is done. That is the system that is
: now in place. Can you explain to me how it
: could not work in a tenant's favour? And why
: aren't tenants doing this now, instead of
: just wanting LL licensing which will not
: change anything?
:
: --Previous Message--
: A fair question. As I have said before, each
: case should depend on the facts and the
: merits, so there is no short answer. The Act
: does set out some time limits in responding
: to the first notice.
:
: If the offending tenant reforms, that solves
: the other tenant's problem. We always hope
: for that.
:
: So whats a fair time limit when a landlord
: is failing to keep a unit in good repair?
: See my post above about the multi unit
: apartment inspections.
:
: By the way, I am allowing you to post as it
: affects tenants....but I edited out your
: personal story.
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: --Previous Message--
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: Dan, what is a reasonable opportunity to
: correct or reform. Seven days, a month, 6
: months?
:
: Is it fair that other tenants have to suffer
: in the mean time.
:
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:
: --Previous Message--
: They do have valid points...and I do listen
: and read them carefully....unfortunately you
: have either mis read my responses or simply
: choose to continue the basic landlord whine.
:
: The Act and by extension us only
: "protect" bad tenants by giving
: them the reasonable opportunity to reform or
: correct the problem. This is to avoid the
: ultimate penalty of eviction.
:
: We would also disagree with your comment
: about higher rents, but it seems landlords
: don't need more excuses to raise the rents
: to such a degree that so many people can't
: really afford them. You can see those
: tenants in the line ups at the food bank,
: and on the waitng list for rent geared to
: income housing.
:
: I think I wrote a thoughtful balanced
: response above...you are free to disagree.
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: --Previous Message--
:
: Dan, you should listen to your well informed
: posters, they all have valid points.
:
: The act protects bad tenants, your
: organization helps bad tenants. The good
: tenants, like the above posters, end up
: paying in the end; by putting up with an
: undesirable tenant neighbour that will take
: the landlord months to evict, and with
: higher rents to cover uncouperable arrears
: and damages.
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