What would a tenant look for in a rental unit? What can you provide?

Transcription

1 Landlord Information Session November 16, 2016

2 Landlords: Looking Out for Your Investment What would a tenant look for in a rental unit? What can you provide? Plumbing, heating, electricity & appliances are work properly. No signs of pests. Unit and building is safe & secure.

3 What does the health unit do? We work with municipalities to ensure that as communities grow and develop, they do so in ways that help people access healthy spaces to live, grow and play in.

4 How can the health unit help? Respond to complaints and concerns Support Provide information & raise awareness about environmental health risks. Provide linkages to other community supports. Collaboration & Partnerships Local municipalities Housing Authorities & service providers Landlord & Tenant Advocacy groups

5 Housing Issues that affect Health Indoor air quality Mould Tobacco Smoke Pests & Rodents

6 Housing Issues Impacting Health Indoor air quality Mould Address it Prevent it Health Impact

7 Housing Issues Impacting Health Pests and Rodents Bed bugs & Mice Prevention & Control Health Impacts

8 Housing Issues Impacting Health Indoor air quality Tobacco smoke No safe level of exposure to secondhandsmoke (SHS) SHS travels between units in multi-unit housing Currently 4 out 5 of people do not smoke (80%) If you currently do not have a Smoke-Free Policy, you likely have: Increased maintenance costs. Refurbishing costs 2 to 3x more for unit where there has been regular smoking. Decreased resale value. A 2013 survey indicated that 87% said smoking in homes lowers resale value Increased insurance costs and increased fire risk

9 Housing Issues Impacting Health Indoor air quality Tobacco smoke Consider a Smoke-Free Policy. Remember, a no-smoking policy: Does not prohibit people who smoke from buying/renting. Does not force owners/renters to quit smoking. Cannot be imposed on existing tenants only new leases. Offers a healthy, safe option for people who don t want to be exposed to SHS. May apply to private units, balconies or patios, or the entire property. Contact us (SMDHU) for additional resources/supports

10 Housing Issues Impacting Health Tobacco smoke If you already have a Smoke-Free Policy, please let us (SMDHU) know (Clipboard being passed around) We want to provide recognition to all those that have implemented these policies Letter Decal Include in our SMDHU and Smoke-Free Housing Ontario Database Nomination for Tobacco-Free Champion Award

11 Where can you go for Help? As a landlord when encountering concerns about housing and health in a rental unit Communicate Talk to your tenants Write to your tenants Consult Public Health Health Connection ( ) or Speak to a public health inspector Speak with a public health nurse Call your local municipality By-law Support Collaborate with local landlord and tenant associations Ministry of Municipal Affairs and Housing General Inquires: Landlord and Tenant Board Smoke-Free Housing Ontario

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13 ONTARIO FIRE CODE FIRE PREVENTION OFFICERS & THE ONTARIO FIRE CODE PRESENTED BY THE ORILLIA FIRE DEPT. FIRE PREVENTION DIVISION

14 The OFC What is it?? Maintenance Building Process

15 Maintenance Part 2 Building and Occupant Fire Safety Hazardous Activities Fire Separations Interior Finishes Access to Buildings Safety to Life Emergency Planning Service Equipment Fire Hazards Installation of Smoke & CO Alarms

16 Maintenance Part 6 Fire Protection Equipment Portable Extinguishers Water Supplies for Fire Protection Fire Alarm and Voice Communication Special Extinguishing Systems Standpipe and Hose Systems Sprinkler Systems Emergency Power & Lighting Smoke & CO Alarms

17 Process Document Part 3 Property Protection for Industrial and Commercial Properties Part 4 Flammable and Combustible Liquids Part 5 Hazardous Materials, Processes and Operations

18 Building Document Part 9 - Retrofit 9.2 Assembly Occupancies - February Boarding, Lodging and Rooming House - February Health Care Facilities - February Buildings up to 6 Stories with Residential Occupancies - October 1992

19 Building Document Part 9 - Retrofit 9.6 Building Higher than 6 Stories with Residential Occupancies - October Buildings with a Care Occupancy or Retirement Home January Two Unit Residential Occupancies - July Hotels - January 2007

20 Building Document It s Not Just Doing the Thing We Notify CBO You Need a Building permit

21 Building Document Inspection Order vs Inspection Report Fire Protection and Prevention Act 22.(2) If repairs, alterations or installations are carried out in compliance with an order made under subsection 21.(1) or for compliance with the Fire Code, the repairs alterations or installations shall be deemed not to contravene the Building Code established under the Building Code Act, 1992.

22 Building Document Order not to be made where building complies with and still complies with Building Code at time of construction. PERTINENT OFC SECTIONS DO NOT APPLY WHEN THE BUILDING IS IN COMPLIANCE WITH THE OBC

23 Fire Prevention What are your responsibilities? Supply & install smoke & CO alarms Maintain all fire protection systems Smoke & CO alarms Portable fire extinguishers Emergency lighting Fire alarm & sprinkler systems Fire separations FIRE SAFETY PLAN (more than 10 occupants)

24 Fire Prevention Tenants Responsibilities Do not tamper with fire protection systems Notify the landlord of missing or defective smoke & CO alarms Comply with the fire safety plan

25 Fire Protection and Prevention Act OFFENCES Part I ticket - $235 to $360/offence Part I Summons Max $1000 & auto court appearance Part III Max $ and/or 1 year in prison

26 Fire Protection and Prevention Act OFFENCES Part I ticketable offence list expanded from 5 to 46 Smoke & CO alarms (tenants & landlords) Record retention Fire separation closures Fire Extinguishers

27 Questions? If you are unsure, please ask! or CALL (705)

28 $$$$ Looking for Good, Long Term Tenants? Whether you have: 1 room, 2 rooms, Basement apartment, Upper level apartment, Or a whole house. Housing First would like to work with you! Every Landlord Takes Risks - We add Support! What's In It for You? Automatic Payments by Direct Deposits. We Source & Match Tenants for you. 1 on 1 Mediation Support for You & Tenants. Feel great for being part of the Solution! Please Contact "Simcoe County Alliance To End Homelessness" to get Started at (289) (Spaces are Limited!)

29 Landlord and Tenant Law November 16, 2016 Presenter: Jennifer Macko, Staff Lawyer Community Legal Clinic Simcoe, Haliburton, Kawartha Lakes

30 Specific Questions? Contact the Landlord s Self-Help Centre: Tel: Website: Landlord Tenant Board: Tel: Website:

31 Legal Framework The Residential Tenancies Act (RTA) governs most tenancies in Ontario: Evictions Maintenance problems Rent increases Applications to the Landlord and Tenant Board Non-RTA tenancies: If you rent a room in your house and share a kitchen and bathroom with your tenant Vacation rentals Accommodation provided by an educational institution (does not include private student rentals) Accommodation in a building used in whole or in part for non-residential purposes if the occupancy is conditional on employment

32 Before you rent a unit Screening tenants: You are allowed to screen tenants based on income information, credit checks, landlord references, and credit references. You are not allowed to screen tenants based on income status, family status, race, sexual orientation, etc. This could lead to a discrimination claim under the Human Rights Code. Rent: You can establish a new rent every time the unit becomes vacant.

33 When a new tenant moves in The landlord must provide the tenant with information relating to the rights and responsibilities of landlords and tenants. The landlord is allowed to collect a last month s rent deposit from the tenant when the landlord and tenant enter into a tenancy agreement. The last month s rent deposit can only be used for the tenant s last month s rent. Damage deposits are illegal. Key deposits are legal, but only to the actual cost of replacing the key or access card. Tenancy agreements do not have to be in writing but having a written agreement helps avoid issues in the future. Come to an agreement about who pays for utilities, as well as any additional charges for things like parking.

34 During the tenancy Landlords must provide rent receipts to their tenants. 24 hours written notice must be given before a landlord enters a tenant s unit, except in emergency situations. Notice must specify reason for entry, which can include maintenance, inspection, showings, and for any other reason specified in the tenancy agreement. Tenant can waive the notice with their consent. Entry must be between 8 am and 8 pm. Landlords have a duty to maintain the unit, tenants have a duty to keep the unit in a state of normal cleanliness. Tenants are entitled to reasonable enjoyment of their units, but cannot damage the landlord s property, engage in illegal activity on the premises, or impair the reasonable enjoyment of other tenants.

35 Rent Increases A landlord can raise the rent once per year (12 months between rent increases). 90 days notice must be given to the tenant, using form N1 or N2. If a unit is covered by the rent increase guideline, the rent can only be increased by the Guideline amount (1.5% in 2017), unless an application for an above-guideline increase is made. An above-guideline rent increase can be implemented if municipal taxes or utility costs increase by an extraordinary amount, the operating costs for security services have increased, or capital expenditure work has been done in the complex. See section 6(2) of the RTA to determine if your unit is exempt from the Guideline. Landlord and tenant can agree to increase rent if new services are provided or capital expenses are undertaken. (Form N10)

36 At the end of the tenancy Tenants in Ontario have security of tenancy. This means that after a lease term ends, the tenant can remain in the unit under the terms of their original lease, but they do not have to renew their lease for another fixed term. Tenants must give the landlord 60 days notice that they are moving out, and their last day must be on the final day of a rental period. If a tenant moves out before the 60 days, they are still required to pay the rent for that period. A tenancy can be ended earlier by agreement of the landlord and tenant (form N11). The tenant must return the key on the termination date.

37 Evicting a tenant Grounds for eviction under the RTA include: Non-payment of rent; Persistent late payment of rent; Illegal activity at the property; Causing damage to the property; Interfering with other tenants; Landlord s own use; Landlord wishes to demolish the property or convert its use. Notice must be given on the proper forms (available from the Landlord and Tenant Board), and the timelines and procedures under the RTA must be followed. A hearing will be scheduled at the LTB, and if you are successful, you will receive an eviction order that you can file with the Sheriff if the tenant does not vacate. Only the sheriff can legally evict a tenant. The locks must be changed in the presence of the sheriff.

38 Landlord and Tenant Law November 16, 2016 Presenter: Jennifer Macko, Staff Lawyer Community Legal Clinic Simcoe, Haliburton, Kawartha Lakes

39 Specific Questions? Contact the Landlord s Self-Help Centre: Tel: Website: Landlord Tenant Board: Tel: Website:

40 Legal Framework The Residential Tenancies Act (RTA) governs most tenancies in Ontario: Evictions Maintenance problems Rent increases Applications to the Landlord and Tenant Board Non-RTA tenancies: If you rent a room in your house and share a kitchen and bathroom with your tenant Vacation rentals Accommodation provided by an educational institution (does not include private student rentals) Accommodation in a building used in whole or in part for non-residential purposes if the occupancy is conditional on employment

41 Before you rent a unit Screening tenants: You are allowed to screen tenants based on income information, credit checks, landlord references, and credit references. You are not allowed to screen tenants based on income status, family status, race, sexual orientation, etc. This could lead to a discrimination claim under the Human Rights Code. Rent: You can establish a new rent every time the unit becomes vacant.

42 When a new tenant moves in The landlord must provide the tenant with information relating to the rights and responsibilities of landlords and tenants. The landlord is allowed to collect a last month s rent deposit from the tenant when the landlord and tenant enter into a tenancy agreement. The last month s rent deposit can only be used for the tenant s last month s rent. Damage deposits are illegal. Key deposits are legal, but only to the actual cost of replacing the key or access card. Tenancy agreements do not have to be in writing but having a written agreement helps avoid issues in the future. Come to an agreement about who pays for utilities, as well as any additional charges for things like parking.

43 During the tenancy Landlords must provide rent receipts to their tenants. 24 hours written notice must be given before a landlord enters a tenant s unit, except in emergency situations. Notice must specify reason for entry, which can include maintenance, inspection, showings, and for any other reason specified in the tenancy agreement. Tenant can waive the notice with their consent. Entry must be between 8 am and 8 pm. Landlords have a duty to maintain the unit, tenants have a duty to keep the unit in a state of normal cleanliness. Tenants are entitled to reasonable enjoyment of their units, but cannot damage the landlord s property, engage in illegal activity on the premises, or impair the reasonable enjoyment of other tenants.

44 Rent Increases A landlord can raise the rent once per year (12 months between rent increases). 90 days notice must be given to the tenant, using form N1 or N2. If a unit is covered by the rent increase guideline, the rent can only be increased by the Guideline amount (1.5% in 2017), unless an application for an above-guideline increase is made. An above-guideline rent increase can be implemented if municipal taxes or utility costs increase by an extraordinary amount, the operating costs for security services have increased, or capital expenditure work has been done in the complex. See section 6(2) of the RTA to determine if your unit is exempt from the Guideline. Landlord and tenant can agree to increase rent if new services are provided or capital expenses are undertaken. (Form N10)

45 At the end of the tenancy Tenants in Ontario have security of tenancy. This means that after a lease term ends, the tenant can remain in the unit under the terms of their original lease, but they do not have to renew their lease for another fixed term. Tenants must give the landlord 60 days notice that they are moving out, and their last day must be on the final day of a rental period. If a tenant moves out before the 60 days, they are still required to pay the rent for that period. A tenancy can be ended earlier by agreement of the landlord and tenant (form N11). The tenant must return the key on the termination date.

46 Evicting a tenant Grounds for eviction under the RTA include: Non-payment of rent; Persistent late payment of rent; Illegal activity at the property; Causing damage to the property; Interfering with other tenants; Landlord s own use; Landlord wishes to demolish the property or convert its use. Notice must be given on the proper forms (available from the Landlord and Tenant Board), and the timelines and procedures under the RTA must be followed. A hearing will be scheduled at the LTB, and if you are successful, you will receive an eviction order that you can file with the Sheriff if the tenant does not vacate. Only the sheriff can legally evict a tenant. The locks must be changed in the presence of the sheriff.

47 Landlord Information Session Kelly Smith, Chief Building Official Dave Baker, Fire Prevention Inspector November 16, 2016

48 Information being covered today Is the unit legal? Creating a residential rental unit. Maintaining a rental unit.

49 Is the Apartment in my House Legal? Q.1: Was a Building Permit issued for the apartment in my house? YES Q.2: Has the apartment been maintained to meet the Ontario Fire Code? NO STOP RENTING & SEEK LEGAL ADVICE Renting an illegal apartment places you and your tenants at risk. YES NO COMPLY WITH PLANNING ILLEGAL APPLY FOR BUILDING PERMIT AND COMPLY WITH THE ONTARIO BUILDING CODE COMPLY WITH THE ONTARIO FIRE CODE AND MAINTAIN AS PER THE ONTARIO FIRE CODE LEGAL

50 When Buying an Investment Property with Multiple Units, make sure that: The units are legal How Do I Know? Request copies of the Building Permit(s). or How Do I Do This? Submit a request for a Unit Summary Inquiry at City Hall (50 Andrew Street South; 3 rd Floor) to inquire if the City has record of the units. How Much Does This Cost? $90.00 Don t Forget to have the seller complete a Release Form to enable you to obtain a copy of the Building Permit(s).

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52 When Buying/Selling an Investment Property with Multiple Units, and no records can be found: Prove the Dwelling Units were created legally. How Do I Do This? Prove Legal Non-Complying - Affidavit demonstrating that the Dwelling Units were constructed legally in accordance with the regulations in place at the time it was established and current zoning permits the use. OR Prove Legal Non-Conforming - Affidavit demonstrating that the Dwelling Units were constructed legally in accordance with the regulations in place at the time it was established. OR Bill 120 Residents Rights Act Affidavit with two pieces of supporting documentation demonstrating the 2nd unit existed prior to November 16, (Note: Only applies to two-unit dwellings).

53 When Buying/Owning an Investment Property with Multiple Units, and the units are ILLEGAL Apply for Building Permits

54 Comply with Zoning By-law Property is ZONED to Permit the Proposed Use Property complies with zone regulations (e.g. minimum lot frontage and lot area) On-site parking requirements can be complied with.

55 Applying for Building Permits Prepare and Submit Building Permit Drawings Pay Parkland Dedication Fee Pay Building Permits Fees

56 Parkland Dedication Fee $ per Non-Waterfront Dwelling Unit $1, per Waterfront Dwelling Unit

57 NO Parkland Dedication Fee If You Can Prove Units Have Been in Existence Since: November 16, 1995 for two-unit houses July 31, 1974 for all other uses How Do I Prove it? Submit an AFFIDAVIT with two pieces of evidence

58 Ontario Building Code, Basics Independent entrance/exit Fire Separation between units/apartments Smoke alarms Natural light Emergency lights in common areas Fire Separations around Common areas Safe structures

59 Fees Development Charges may be applicable. Example: A Basement apartment has been built in a Single Family dwelling. If the floor area of the basement apartment is less than the floor area of the main floor, then Development charges are waived. Even if only ½ sq. ft. smaller. Example: If new units are larger than original, then Development Charges apply.

60 Fees Development Charges change each year so watch the City of Orillia website for current rates. Permit Fees: Application Fee $92, $0.19 per sq ft of space renovated. $38 Occupancy fee. Plumbing fee. Expect about $200

61 Maintaining your Rental Unit The City of Orillia has several By-laws that a landlord must maintain compliance with. - Clean and Clear By-law - Property Maintenance By-law - Sufficient Heat By-law - Swimming Pool Fence By-law - Numbering of Buildings By-law

62 Property Maintenance By-law Enforced by City Building Inspectors and Bylaw Officers. Common complaints are for bedbugs, mould, dead trees, roof and plumbing leaks, and unsafe structures. Usually given 3 weeks to comply once an Order is issued. Always open to negotiations and there is an Appeal process also

63 Dispelling the Myth of Fire Coded & Bill 120 You must obtain Planning Approval & Change of Use Building Permit FIRST The Fire Department is your LAST STOP in obtaining approval for a 2 nd Dwelling Unit.