Michael Power Place

Real Estate Lawyers.ca LLP’s very own, Mark Weisleder, explains the 5 things to know about Bill 184 and Residential Tenancies. https://www.realestatelawyers.ca//5-Things-to-know-about-/ Are you dealing with Tenant Issues?

Harry Fine is a paralegal who works for both landlords and tenants and was a former adjudicator at the LTB, from 2001 to 2005. In a blog Fine wrote on the Act, he details the process for an ex parte eviction. The landlord must first serve the tenant a Form N4 Notice to End a Tenancy Early for Non-payment of Rent, file a Form L1 Application to Evict a Tenant for Non-payment of Rent with the LTB, fill out another LTB form, which becomes the repayment agreement, with the tenant ...and then wait to receive the consent order from the board on that agreement. If the tenant breaches the agreement, the landlord can then file an L4 application for eviction and does not have to serve notice to the tenant, nor have a hearing with the LTB. The tenant has 10 days to file a set aside motion, to appear before the LTB to address the breach. The tenant can also file a request to review the eviction order until 30 days post-eviction order. It is a change that may result in some evictions. But not every eviction is an unfair eviction and most of them for rent are warranted. And tenants have had their way with landlords since 2007 [with the passage of the Residential Tenancies Act]. And so there's some small return to balance, Fine told Law Times. https://www.lawtimesnews.com//new-legislation-allow/331954

Singles @ Michael Power Place https://youtu.be/geaDrtlizGI via @YouTube. #michaelpower is a great place to be. #toronto #condo

The gym is closed. The pool is closed. Do I still have to pay my fees? Condo lawyer Bob Aaron explains your COVID-19 condo rights By Gilbert NgaboStaff Reporter... TORONTO STAR Wed., July 22, 2020 Over four months have passed since COVID-19 forced people to shut down their routines in an effort to fight its spread. That has meant residential amenities such as gyms and common areas in condo buildings are not used. But condo corporations continue to collect the monthly fees associated with these facilities. Do you still have to pay up? Is the law on your side for a refund? To understand people’s rights in such situations, we asked Toronto real estate lawyer Bob Aaron for insights into how these matters are handled. Should people be required to continue to pay condo fees for gyms and party rooms when they can’t use these amenities during the COVID-19 pandemic? Why or why not? The condo corporation’s expenses for the whole building continue to accrue whether or not the amenities are being used. If the corporation reduces the common expenses to account for the owners’ loss of use, the condo will inevitably run into a deficit. There is no magic source of funds to subsidize a reduction in common expenses. It’s important to remember that the condominium is jointly owned by all the owners. They share all the expenses according to the proportions set out in the building’s declaration. It’s like owning a car which you don’t use because of the pandemic. Except for gasoline, the expenses continue to mount. What do laws say about this issue? Can people who have been paying such fees be reimbursed? What are their rights in a situation where they can’t use amenities, through no fault of their own? There is nowhere for unit owners to be reimbursed from. The condominium bank account is owned by everybody in the building. The budget is set annually and approved by the board. If the fees are reduced or reimbursed, the operating account will have a shortage for other issues like maintenance, repairs, insurance and similar items. What precedent can COVID-19 experience set in terms of how these fees are set? The fees are calculated annually. The board adds up all the projected expenses and divides the cost among all the owners according to the established percentages. Mortgage companies may collect taxes from unit owners, but they never get involved in collecting and paying common expenses. If the condo experiences savings as a result, for example, of not having to pay to heat the swimming pool, or clean and monitor other common elements, the benefit will be passed on to owners in the next fiscal year. When owners deal with condo corporations, it’s important to remember that it’s not us versus them. There is no them. The condo operating fund and budget are all us. What happens if a person doesn’t pay these fees? What are the penalties? When an owner defaults, the condo corporation can register a lien against the unit. If the arrears and legal costs are not brought into good standing, the corporation can evict the owner and then sell the unit by way of a power of sale under the condo lien. The arrears will be paid out of the proceeds of the sale, and the surplus will pay taxes, real estate commission, legal fees and the outstanding mortgage. The owner gets the surplus if any and is responsible if there is a shortage. Gilbert Ngabo is a Star breaking news reporter based in Toronto. Follow him on Twitter: @dugilbo

.#Landlord and Tenant Board must now consider whether a landlord tried to negotiate a repayment agreement with a tenant before it can issue an eviction order for non-payment of rent related to COVID-19. #Toronto https://davidpylyp.blogspot.com//bill-184-passes-landlord- effective July 31 2020