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Small Ownership Landlords of Ontario

Landlords Helping Landlords
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Landlord story # 25 – Bonnie and Clyde vs the Retired Couple

Mrs. R. and her husband decided to help their son and newborn grandson get settled in their own home, by returning to Sault Ste. Marie, Ontario after 35 years away. At the same time, they hoped to slow down a little and try to achieve their dream of a waterfront home. Lofty goals, right? Well… maybe not so lofty in Sault Ste. Marie, where prices have not ballooned like in Southern Ontario. 

The reality is that a 25 year old has no chance of home ownership without an inheritance or dual incomes, and 10% of 800,000 down… anywhere in Ontario, but especially in «The Golden Horseshoe »  So… the parents help out. 

The grandparents sold their Southern Ontario home, left  « solid », 15-year IT and  PSW careers to take early retirement.  However, with their readily-transferable skills, they intended to find other careers in Sault Ste. Marie. 

The dream was to buy their son a small, starter home, one they could renovate, and then sell to fund their waterfront property dream.

The plan was taking shape! Then, a vision appeared: they found a waterfront property! Because «Granddad»  wasn’t working yet (still had some savings and a small pension), they got another mortgage, in order to fund the purchase of their dream, waterfront home. 

Then the Nightmare…

On November 14, 2021, the grandparents met « Bonnie and Clyde » (B&C). Having put a few ads out for a contractor to do renovations, the grandparents decided upon B&C to do small renovations. Over the next month, the grandparents are met with requests for advances, and leniency in regard to late appointments, delays in work and similar excuses. They allow for this, having already paid over $5000 in labour, materials, cabinets, countertops, and  appliances. Yes, for most of you reading this, the alarm bells have already gone off, and they should have for the grandparents as well; admittedly, they were a little too trusting and even possibly a little naive. Not having had the funds to hire a contracting crew, the grandparents had needed to find ways to cut costs. Well, you know how that story goes (a majority of the time), right?

As another COVID Christmas approached, there were more delays. Then … the smooth-talking con-job started. B&C bring their 8 year old boy along to the grandparents’ home, where some of the drywall work is being done. 

The soft-hearted grandparents are told that B&C are facing eviction from another, supposedly mould-infested, crooked-walled, ceiling-collapsing home that this poor little boy has to live in, or be evicted on Feb. 1, 2022.

The grandparents offer a solution:

Why not have B&C and their poor little boy share accommodation with the grandparents, in their city home,  pay a reduced rental cost and be allowed to pay the balance of their rent in renovation labour?   The  grandparents would still need to use the city home to do their laundry, shower, use office space for internet access, and to sleep in town during inclement weather. Their waterfront  property didn’t yet have laundry, running water or  internet– all the regular amenities available to them in their city home.

Being  trusting, and never having been landlords, the grandparents forgo a background check, a credit check, a security deposit, and a written, shared accommodation agreement, believing that B&C are decent people, just having a tough time. (Yes, you hear alarm bells…)

However, B&C didn’t pay any rent on  Feb 1.  On Feb 15th, they paid $300, and eventually they paid what they owed in full, just before March.

On March 1, they pay nothing. The requests for payment are met with more excuses.

On March 20, the grandparents sent a text, saying that they need access to collect some belongings (yes… many of their belongings are in the home). B&C say that they require 24 hours’ notice to allow access, as if this were a regular rental, giving them tenants’ rights under the Landlord and Tenant Act (LTA). This is despite the fact that the grandparents’ belongings, their relatives’ belongings, and their garage (with more belongings) are all in the grandparents’ property.  They are denied access.

Assuming that they must, the grandparents give « late payment notice » to B&C who actually do not have the rights of tenants, as this was a « shared agreement » or a « roommate  agreement » and never rental of the full property. This does not move B&C even to let the grandparents into their house to get their belongings, so the grandparents call the police.

The police say that they will allow « supervised access » under the guise of « inspection of the property » The grandparents do not fully understand the LTA, and how this actually does NOT apply, so they follow  the police officers’ advice at the scene, which is that this is a LTB matter. However, B&C refuse  a full inspection, and the police enforce the «tenants’ right», denying access.

Because the grandparents’ belongings are still in their house, they ask B&C again if they can come to complete an inspection, which B&C refuse.  This is followed by the grandparents being called by the police who say that  a harassment complaint has been made against them by B&C.

Understandably, the grandparents are shocked and outraged, but they also start to worry about their valuables. 

Among their belongings are computer equipment,  guitars and other musical equipment too.

The grandparents learn that B&C  have previous evidence of fraud – both in Calgary and Mississauga.

At this point, the grandparents are NOT ABLE:

  • to access their own home
  • to access their possessions (which they suspect are being sold) 
  • to contact “the tenants” (or the homeowners will be charged with harassment)
  • to get police support in evicting B&C

So…they have:

  • waited for the LTB to handle the matter
  • contacted the mayor of Sault Ste. Marie, the city officials for their ward, the local MPP and Premier Doug Ford
  • listened to the officials who politely tell them to «wait », « be patient » or face charges
  • felt like they’re being patted on the head and told, « there, there »
  • waited for an appointment with the police regarding B&C’s ‘possible’ criminal activity

In short, they feel the LTB is BROKEN!

  1. The phone is rarely answered by anything but a machine which says, , ‘this person is not answering calls’.
  2. If you do manage to get through, you end up waiting an hour, and run the risk of simply getting cut off and hung up on before you even get a live person.
  3. You get the impression that  you are evil and have no rights and deserve what is happening to you.
  4. You have to pay  fees to file their form; does the tenant pay any fees?
  5. Without any forms submitted, you do not exist, nor does your problem.
  6.  You must wait for months for a hearing. Even before Covid, there was a huge backlog. All the while, your tenants are getting away with not paying rent, or doing whatever they like with impunity.

The grandparents discovered that they can’t even sell the property! 

  • B&C sued their last landlord with the LTB; it took 1.5 years and the landlord never received a penny. 
  • He couldn’t sell the property because they denied access, including ‘showings’ to potential buyers.
  • They are not allowed to take photos for marketing purposes, so photos have to be ones they may have already.
  • They are not allowed more than 1 inspection per quarter, so the tenant can destroy the home.
  • If they do finally get possession of the home, it will be near to impossible to get money for  their lost property and the repair of any damages.

Sadly, all of this has taken an emotional toll on the family too; Grandma has had a mental breakdown, and Grandpa is looking for another source of income to help cover their cost of living.

They have messages for each of the parties which have let them down:

  • B&C: You stink!
  • LTB:  You stink!
  • Doug Ford: You have really disappointed us with your office’s «canned » reply.
  • Sault Ste. Marie Police: Please don’t arrest us for speaking our  minds and questioning your lack of knowledge on the LTB and the definition of « shared housing ». We have a provable case, fully documented– an actual, real, provable– criminal case against B&C!
  • Sault Ste Marie Mayor: We will be calling you next week.
  • Sault Ste Marie City Councillor: We will be calling you again next week.

Please don’t pat us on the head and dismiss us.

(Picture for illustration only)

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