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Hamilton Landlord And Tenant Issues

By Expert Author: Ned Shaffer

Neighbours noticed a large amount of abandoned belongings, including furniture and clothes on a Hamilton road this month.

Along with the junk had been signs reading: Threat Due to Cockroaches and Landlord Refuses to Recover our Hydro.

According to a story in the Hamilton Spectator, the actual belongings were of tenants living in the two-story rental property that uses that same lawn.

What’s Going On?

Regrettably, it’s another unnecessary landlord-tenant turmoil in large part because of the bad rules government property owners and tenants within Ontario. We see this all the time in this province, under these laws.

The tenants are named Tyler McFadden and Julie Lamarche.

The couple said their rent is $1,000 a month, utilities incorporated. McFadden’s 16-year-old son also lives with them.

They claim their own landlord has not undertaken her responsibilities to keep their rental device.

What are the Problems?

A few of the problems they claim include:

1. Gas to the unit was shut off on July Eight, restored July 26, and now only available intermittently.

2. A leaky roof

3. Blocked plumbing pipes

4. Cockroaches, fleas and ticks

5. Skunks and racoons in the attic

6. The ceiling full of holes

Property standards, the Electric Safety Authority, along with bylaw officers have purchased the landlord to repair the house.

The land registry office lists Althea Corridor, 64, as the owner of their unit, which is at 791 Lawrence Rd. Records show Hall purchased the property in 2003. The property is currently for auction on MLS for sale for $249,888.

According to tenant Lamarche a home is “… nothing but a headache.”

McFadden said “We feel our whole world, our home continues to be crushed and we can’t escape from under this.”

The House Is For Sale

The owner is attempting to sell the home and it is listed on MLS.

How Can We Avoid These Types of Problems?

No one ought to live in an unsafe or even poorly maintained home and we sympathize with these types of tenants and hope they soon discover new and better housing for their family as quickly as possible.

We also hope they realize that the current laws and regulations in Ontario discourage investment in residential rental housing…and that is part of the reason they are having a difficult time finding a new rental.

Let’s look at it from the landlords’ viewpoint

There’s a good chance she just can't afford to maintain the home any longer. This could be the reason why she is selling this.

Does the government possess a program to help small residential landlords (that supply a lot of affordable housing in Hamilton) an interest free loan to help this landlord purchase the repairs she might not be able to pay for?

Secondly, in New york tenants get what is called “security of tenancy”. This means that after a fixed term rent ends, tenants don’t have to move…even if they agreed to do so in the lease! They can stay on a ‘month through month’ basis and there are strict criteria for any landlord to evict them. It is a long and expensive process.

Let’s say the laws changed in Ontario and suddenly the ‘lease was a lease.’ When the lease ends these tenants would have to move out…solving their problem residing in this particular property. They would have to move.

At the same time, the landlord would have time for you to show the unit to prospective buyers without people living in the unit and without constant pressure to spend cash she might not have to satisfy their demands.

Instead of conflict the tenants would be out of the property (as it’s not the current landlords’ problem they cannot find a new rental property) and the landlady could either take time to repair it or simply sell it.

The Ontario Residential Tenancies Act affects both tenants along with landlords and is often the reason for unnecessary conflict and hardship for tenants and landlords.

It’s Time To Change the New york Residential Tenancies Act For Hamilton Landlords and Tenants!

Hamilton landlords
Ontario Landlords Association

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