New precedent in Ontario

BobHudson

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Registered
Aug 29, 2007
173
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Burlington
#1
Our "tenant from hell" played the game very well and managed to stay in one of our properties for 6 months without paying rent. It was a lease option deal where she was clearly trying to use up her initial (non refundable) deposit as she knew she would not get it back just walking away from the property.

She was a formidable adversary using many tricks to get by the Landlord Tenant Board. She reported us to various departments in the City of Brampton as well as health inspectors, electrical and fire department - all with unfounded claims. She used many clever tricks to get hearing delays.

As part of our legal team response we looked for lease option precedents in Canada. We found three precedents in Canada, none in Ontario.

Long story short. We finally had her evicted. She still owes us rent and replacement for the original deposit. There is now one legal precedent in Ontario for lease options. The landlord wins! We set the precedence that the option premium is non-refundable, and the upgrades paid by the tenant on the house are also non-refundable. It is a very important result for anyone doing rent-to-own investing in Ontario.

Tip #1: our original lease option contract split out the monthly rent from the condo fees. This was a bad mistake as the Landlord and Tenant board is not interested in tenants having to pay condo fees even if that is what you have agreed. We now bundle the condo fees into a higher stated rent charge. (risk = condo fee increases)

Tip #2: the LTB does not care about the lease option deposit. We will now seek payment via collections agency and/or small claims court.

We learned a great deal from the tenant from hell. For that I thank her. But it sure did cause some strain with our JV partners. And we still need to recoup the monies owed.

If any questions on this, send an e-mail to [email protected] or check my blog at http://lease2ownbob.blogspot.com/
 

grhutchings

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Registered
Sep 19, 2007
53
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0
#4
Bob,

Thanks for this post. You never know when you may run into crazy problems. It was great for you to provide your story and helpful tips for investors who are interested in utilizing the Rent to Own strategy.

Good luck recouping some of that money.

All the best!

George Hutchings
Hutchings Investments
www.sellmeyourhomefast.com
 

marcp

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Registered
Aug 30, 2007
133
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0
59
Calgary
#5
Thanks for your post Bob,

I`ll soon (hopefully) have a similar one, with an ordeal that`s been going on for over 1 1/2 year now, and should be over soon.

There`s always lots of lessons for everyone coming from these "great teachers" (another name for the tenants from hell).

Good luck with the collection.

Marc.