Posts Tagged ‘bad tenants’

Calgary Landlord Regains Control Over Her Rental Property At Last

Wednesday, September 25th, 2013

September 25th, 2013

Bad tenants tenant screening freemen

Landlord said “I can’t handle it, I just can’t. I just want him to leave, get out. That’s all I want.

It appears landlord Rebekah Caverhill’s nightmare is finally over. We’ve seen written about bad tenants before but nothing like this case.

According to a report on CTV News, Freemen-on-the-landlord tenant Andrea Pirelli has been order to get out of his duplex apartment by this coming Saturday.

Pirelli was not in court to hear the judgment but he did have a representative there who refused to provide his name or approach the bench.

CTV News tried yet again to get input from Pirelli and a reporter went to the rental home for the second time in two days to talk to him.

Pirelli came to the window and took our photos but refused to speak.

He calls himself a member of the “Freemen on the Land” movement and believes Canada’s laws don’t apply to him. It’s news that reached landlords all over the country.

Background Story

Rebekah Caverhill rented out half of her Calgary duplex to a man who was recommended as a tenant by a friend. He moved in during November of 2011, but only paid her half of the rent they agreed on. And that’s not the worst part.

The tenant claims to be a ‘Freeman-on-the-Land,’ saying the home is an ‘embassy’ and no longer belongs to Caverhill. He went as far as to change the locks, and do renovations which he then charged Caverhill for…resulting in a lien against her home.

More Details

The tenant told her his name is Andreas Pirelli—which is believed to be an alias. There is a video of him on YouTube under the name Mario Antonacci, where he gives a lesson on what a ‘Sovran Unity Nations Embassy’ is.

Freeman-on-the-Land is a growing movement, that could number as many as 30,000 in Canada. It is also in the United States, where the FBI considers the group a domestic terror threat. ‘Freeman,’ or ‘Sovereign Citizens’ believe that law only governs them if they consent to be governed, and believe they live under ‘natural laws.’ This leads them to avoid taxes, mortgages and utility bills among things.

Caverhill says she’s tried to convict Pirelli to no avail, and police referred her to civil courts, saying it was a landlord-tenant dispute. Police are now talking to Crown to determine if any charges can be laid.

“It may have started out as civil, but this is criminal now,” Caverhill complains. “I have a fraudster, someone trying to take my home.”

Service Alberta is now involved in the case, but Caverhill has been told she needs to get a court order to try and force Pirelli out.

Alberta Landlords and Tenant Screening

This is just another example of why landlords in Calgary and all over Alberta need to make sure you screen your renters carefully.

The days of a simple handshake are over.

Calgary Landlord Faces Racial Slurs From Tenants He Was Evicting

Monday, September 2nd, 2013

September 1st, 2013

Calgary landlords face discrimination from tenants kkk

You are a Calgary landlord. 

You know there are bad tenants out there, but you have some great rental properties and know there are good ones too.

Your rental units are legal, clean, modern and attract a lot of tenants.

You know the laws and rules and follow them.

For example, you wouldn’t think of discriminating against a potential tenant based on sex, gender, or colour.

Heck, you welcome all tenants who pay on time and respect you and your properties.

Landlord Faces the Ugly Face of Discrimination

According to a report in Metro News unfortunately a couple of tenants out there aren’t like us. 

Since coming to Canada in 2001 from Nigera Landlord Paul said this is the first instance of racism he has experienced.

We’ve discussed the things can do to create hardship for landlords no matter where you are but nothing like this.

Paul rented to some problem tenants and was preparing to go through to process to evict them.

He did an inspection on his house and found the tenants had vanished.

Tenants Left Something Behind

While the tenants were gone, they left something for the landlord to find.

Racial insults were burned into the house carpets and scribbled on the walls.

Sexual pictures were also drawn on the walls of the house.

“Yesterday, I cried until I slept,” said Paul who also has concerns for his safety.

“They wrote my name there,” he said, pointing to one part of the graffiti.

Elsewhere on the walls were crudely drawn swastikas and the words “White Power” and “KKK.”

The Police Are Involved

Staff Sgt. Jim Leung said Calgary police officers who specialize in “hate-biased crime” are investigating the incident, and the main suspects are the previous tenants.

“These two renters, both 24 or 25 years of age, are suspects in this case because we have to draw an inference that when they moved out, they were the instigators of the hate bias,” Leung said.

“We’re going to do our best to try and locate these two.”

They Also Left Damages

Doors were ripped off the hinges, dozens of holes were punched or cut into the walls, and garbage was strewn everywhere.

Paul estimated the damage to be at least $5,000 and said he can’t afford to repair it immediately.

“I don’t know what I’ll do,” he said. “That’s a big question.”

To Discuss This and Other Calgary Landlord and Tenant Issues Go to the Alberta Landlord Forum.

Calgary landlords: “We Are Fed Up With Bad Tenants!”

Thursday, June 7th, 2012

June 7th, 2012

What’s going on these days with Calgary landlords?

Landlords in Calgary say they are absolutely fed up with a landlord and tenant system they believe is biased for tenants and against landlords.  In Alberta we have a dispute resolution system to deal with landlord and tenant matters.

So what’s the problem?

It’s obvious to landlords in Calgary and all over Alberta this dispute resolution system simply isn’t fair and is actually stacked against landlords and in favour of tenants, even bad tenants!

I thought Albert was landlord-friendly?

Think again.  One Calgary landlord feels she’s been totally cheated by the system in Alberta.  A judge in Calgary even agrees with her!

Please go on…

Landlord Gita Gopal is owed money by tenants and now has to collect it.  It’s clear it won’t be easy.

According to Gopal, her tenants were a single mom with four children.  Gopal wanted to be a ‘good’ landlord and showed true compassion to these tenants.

Uh oh, I think I can guess what happened

Her compassion for her tenants led to Gopal being owed over $8,000 dollars in lost rent and property damages!

Yikes.  Alberta looks to becoming another Ontario

The Calgary Residential Rental Association’s Gerry Baxter believes Alberta landlords are simply too ‘trusting’ and some tenants can take advantage of this trust.

Baxter stays there are many tenants out there who are sophisticated, know the law, and know how to delay an eviction.

What does the Alberta government have to say about this?

The government minister in charge of landlord and tenant matters is name Manmeet Bhullar.  Bhullar has stated he thinks the system “works” but needs to be watched.

Bhullar believes in the foundation of the system.  He also wants to make it work better.

How does that help landlord Gita Gopal?

She says she is working hard to collect the money she is owed.  Gopal is so upset she is even thinking of setting up a website to help other Calgary landlords.

What are some of the problems Alberta landlords have with the system?

Landlords are upset with many aspects of the current system.  For example, evicted tenants have 30 days to take their belongings which may have been left behind in their former rental home.

The landlord is responsible for not only moving it, but storing it.  This causes a delay and distraction for the landlord who wants to re-rent the place as soon as possible!

Compared to Ontario, this still seems kind of tame

Maybe.  Except the direction the government has set is not a good one for landlords in Alberta.  If this keeps up, good landlords will leave the business.  This means less units on the market, higher rents, and less good landlords.  It’s a path that is also going on in British Columbia.

Landlords are putting their money, their time, and taking a risk to create high quality housing.  It’s time for the government to appreciate small business landlords instead of creating a system which abuses them!

Message to Alberta Landlords – When kindness doesn’t pay (Part 3)

Tuesday, August 30th, 2011

How could they do this to my property?

August 29, 2011

This is a warning to all landlords in Calgary, Edmonton and the Rest of Alberta.  Although I’m in Ontario, I hope what happened to me helps others all over the country.

I was very happy to have hired property manager John Schutten.  John spoke with the tenants and managed to get Teddy and Nancy to sign a form called an N11 (“Agreement to End a Tenancy”) from the Landlord and Tenant Board.  John told me in Ontario even if the tenants sign a form saying they will leave, we needed to take it with a grain of salt because they could ignore it and continue to stay.  Both John and I thought it was likely I’d have to order the Sheriff to physically evict them from my rental property.

I knew we needed to get an eviction order through the Landlord and Tenant Board.  John attended the hearing at the LTB on May 17.  The tenants didn’t even bother to show up!  This was actually a good thing because many tenants will show up with fake maintenance claims in order to stall the whole process  and live rent free.  We were granted the eviction but couldn’t get the Order right there and then.  In Ontario you have to wait to receive the order via snail mail.

Finally May 31st arrived!  This was the day the tenants were supposed to vacate the property according the LTB Order.  My fingers were crossed they would obey the law and leave when the LTB said they had to get out!  John did an inspection and these tenants had not packed a single box!  We couldn’t consider the property abandoned so we had to take an expensive next step…ordering the Sheriff.  Off to the Sheriff’s office John went with the LTB Order in hand to book the Sheriff.  Cost?  $320!

In some places, you can wait weeks before the Sheriff’s office has time to come to your property.  Fortunately, Hamilton is a large city and they work every day of the week.  The Sheriff came and posted a letter on the door stating the tenants had 72 hours to leave and take all their belongings.  The tenants had until June 7 at 10 am to vacate.

I felt relieved this whole ordeal was about to end.  My happiness and relief ended when I thought how much money I was out dealing with the eviction process in Ontario.  The Sheriff cost over $300.  Plus the LTB cost me $170.  I had to pay John for his professional and experienced help.  I also didn’t receive April or May rent.  Now it was June and another month of no rent.  My tax bill and mortgage still had to be paid!

On the evening of June 6 (hours away from D-Day, or E-Day for eviction) I drove by my little property after work to see what might be happening.  Good news!  I saw a U-Haul truck pull up in the driveway.  It looked like they actually started moving furniture out of the house.  I saw their things all over the front yard and sidewalk.  My Lord, they were even having a garage sale!

The next day the Sheriff came.  At long last my property was ‘mine’ again.  These rotten tenants were finally gone!  I was beaming.  The smile on my face was only matched by the spring in my stride as I walked to the front door to take a look and then change the locks.

Then I went inside.  No. This was just too much….. They couldn’t have done this to me…..

Discuss this in the landlord forums here

Uh Oh! The Sheriff Is A Comin’!

Thursday, May 19th, 2011

What Can you Do If your Tenants Refuse to Leave?

It sounds a little “wild, wild, west, doesn’t it?  Your problem tenants are finally going to leave…because the Landlord and Tenant Board directed them to do so. What do you do if they are directed to move out, and don’t?   Cue the music, kick the tumbleweed. It’s time for the Sheriff. (more…)

Landlords get a bad deal when it comes to bad tenants

Wednesday, December 22nd, 2010

By Hugh Adami, Ottawa Citizen December 19, 2010

Why would anyone want to be a small landlord when there is little protection in Ontario from bad tenants?

Take Mike and Cathy Clarmo, who live in the Osgoode community of Edwards. The only way they could get a tenant to leave their rental property was with a cash payout of $3,000. And that was after 4½ years of watching the house’s resale value plummet because of their tenants’ neglect.

Their problems all started because the Clarmos couldn’t say no to an acquaintance who wanted to rent the three-bedroom bungalow they purchased in 2004. The Clarmos had just finished renovating the house when the man — a childhood friend of one of their sons — showed up at their doorstep in the spring of 2005. The couple had been planning to sell the property, which was just down the street from their home, and hoping for a $20,000-to-$25,000 profit to put toward retirement. Mike explained their plans, but the man persisted. He needed a place for his wife and children.

Mike said OK, figuring he would make some of the investment back in rent, and sell later, when the house was sure to be worth more.

Instead, cracks started appearing in their nest egg soon after the family moved in. “It broke our hearts to see the condition of the house deteriorate as it did,” says Cathy.

Probably the worst thing was that the house constantly reeked of animal urine.

The family had a dog, cat and rabbit. Drywall and floors were damaged. The garage was so cluttered that the couple was sure there was a fire risk.

Photos they took also show the front yard of the home littered with junk, including car parts such as engines and tires. The woman, who drove a school bus, damaged the eavestroughing after backing the vehicle into the house, Mike says. Rent was often late.

The Clarmos decided to sell the property after a business deal went sour. In April 2009, they gave the tenants more than two months of notice to vacate.

The tenants offered to buy the house “as is” for a reduced price. The Clarmos agreed. But the tenants couldn’t get a mortgage. The Clarmos abandoned their plan to sell after the husband approached Mike and tearfully told him he couldn’t find another house to rent.

A year later, they planned again to sell the house. But the husband, whose wife was no longer living with him, told Mike he was now well versed in tenants’ rights. He wasn’t going to move, and if Mike wanted to terminate the tenancy, he would have to go before the Landlord and Tenant Board.

Mike did so twice. He says he came away convinced that as the landlord, he was considered the bad guy.

At the first hearing, Mike spoke with a mediator, who suggested he allow his tenant to stay at the house rent-free for five months with the condition that he move by the end of this month. The man’s lawyer suggested that Mike could get him out by the end of October if he gave him a few thousand dollars on top of free rent for three months. Mike refused. He recalls the lawyer telling him that he would regret his decision as he was bound to lose the case.

Mike produced photos that he had taken of the house at the first hearing. The adjudicator joked about the one of the cluttered garage. “‘It looks like my garage,'” Mike recalls him saying. In his written decision, adjudicator Greg Joy dismisses or challenges every complaint made by the landlord.

The Clarmos found a prospective buyer for the home soon after and again applied to have the tenancy agreement terminated by Nov. 1, which was also the closing date of the sale.

The adjudicator in the second hearing reserved his decision, which allowed the tenant to stay put for at least the time being.

Mike’s lawyer suggested they give the tenant $2,000 to get out of the house. The tenant’s lawyer then came back with another figure — $3,000 — plus the demand that his client be allowed to stay until Nov. 15. Worried the board could rule in favour of the tenant and that the prospective buyers of the house would pull out of the deal, Mike agreed.

The former tenant would not return my calls.

The $3,000, which the couple feels was extortion, plus $1,400 in legal fees and $1,000 to refill the home’s oil tank are the smaller losses. The Clarmos did sell the house for $240,000 — about $25,000 more than what it cost them to buy and renovate the property in 2004. But the selling price was still a far cry from the $290,000 to $300,000 a real estate broker had told them the house would have been worth.

The Clarmos don’t know if they should be angrier with their tenants or the board.

They realize the board exists primarily to protect tenants, and with children, their tenant was bound to get even more sympathy. But, they say, their case illustrates the need for rules to protect the good landlords.

http://www.ottawacitizen.com/Landlords+deal+when+comes+tenants/4000351/story.html#ixzz18dUrkiwP

Ontario’s landlord and tenant process is broken

Saturday, December 4th, 2010

Ottawa Citizen November 22, 2010

Re: The Shame Of St. Patrick St., Nov. 14.

I am the owner of Landlord Legal, a small firm in Barrie, working to keep up with landlords in need.

Thank you for your efforts in exposing the reality of the eviction process.

So often, landlords bring these applications to the Landlord and Tenant Board and lack witnesses because of fear of retaliation. Police can’t assist in matters that are still “open investigations.”

Lacking witnesses and police records, the applications fail, or we must instead find other, safer applications to the board such as rent arrears or damages to the unit, instead of the biggest reason: the rental unit is a crack house, and other tenants are disrupted and endangered.

It is incredibly difficult to terminate tenancies in this province. The Landlord is held to an onerous burden of proof. The tenant is often enabled and in fact encouraged to drag things out.

These stories are taking place all over Ontario, every day. The Landlord and Tenant Board is profiting from the misfortune of the residential landlord, and turns a blind eye to repeat offender tenants, who make a mockery of the process.

Right out of the gate, the landlord loses. It costs $170 to bring a tenant to the board, while tenants pay $45 to bring a landlord to the board.

Affordable housing in this province will continue to decline as private residential landlords realize they have bitten off more than they intended to chew.

C. April Stewart, Landlord Legal

Barrie

Read more: http://www.ottawacitizen.com/Ontario+landlord+tenant+process+broken/3864675/story.html#ixzz17Cn3aFSc

As a small business landlord, I highly recommend TVS!

Saturday, December 4th, 2010
I have to admit that while I’ve been a landlord for a while I have never done a credit check. I always looked at work references and called the previous landlord. Not that long ago I did these screening techniques, it was all fine, and I still got burned when the tenant changed jobs. I have now joined up as an OLA member and have started making credit checks using TVS (Tenant Verification Systems).  TVS has been very helping in screening tenants.   I have verified tenant applications and found ‘holes’ in some applications that I never would have seen before.  I would recommend doing a TVS credit check for every applicant you are thinking of handing over the keys to!
R. Francis
Toronto