What to do when you have a bad Landlord

Many of the property management companies in Waterloo have nasty business practices that range from questionable to criminal. I have been forced to spend a disproportionate amount of time this term in conflict with Hoffaco property management over their complete refusal to perform maintenance to our extremely damaged rental unit (damage was inflicted by the previous tenants). This process has been extremely frustrating, and I’ve learned a lot about how to stand up for my rights as a tenant in the process. I’ve decided to compile this post to help other students in similar conflicts with standing up for their legal rights as tenants.

Before pursuing any legal action:

1. Check if the landlord is in violation of the landlord-tenant act: http://www.ltb.gov.on.ca/en/STEL02_111281.html
2. Collect all the evidence you possibly can. I recommend taking pictures and emailing them your landlord (so that you have proof of notice, and a time/date stamp). Depending on the issue, taking a video and uploading it to Youtube is also a good idea.
3. Contact Waterloo’s off campus housing office and ask them for any advice they have for your particular case. They’re knowledgeable and they answer emails quickly.

Once you’ve completed steps 1 and 2, it’s time to choose the best method of action for your case.

City Bylaw Enforcement

If there is serious damage to your unit (broken windows, mold, dangerous staircases, missing fire detectors, leaking plumbing, flooding, no heating, no hot water) or anything of a similar severity, you can enlist the help of the city’s bylaw enforcement officers via http://www.waterloo.ca/en/government/propertystandards.asp The bylaw officers are extremely friendly, and they will arrive at your unit within 1-2 days to do an inspection, depending on your availability.

To start this process, call 519-886-1550 and ask to speak with a property standards by-law enforcement officer. If you are unable to reach an officer quickly by phone, email a description of your issues to this address: municipalenforcement@waterloo.ca with your phone number, address and the names of all tenants. A bylaw officer will call you promptly to set up an inspection, so keep an eye on your phone. Once the bylaw officer does his inspection, he will issue an order DIRECTLY TO THE OWNER of the land, giving them 18 days to fix all issues completely. At the end of the 18 day period, the bylaw officer will come to inspect the property again, and fine the owner  more than $10,000 for each item that’s still unfixed. This method has two benefits:

1. Often times the property management company is dishonest with the landowner about the state of the property and the owner will be much more willing to fix the issues than the property manger.
2. All of the legal process is handled by the city; it doesn’t cost a cent and will only consume one hour of your time.

The bylaw officer is bound by all the same rules as a regular law enforcement officer, so you will have to meet him/her at the front door of your residence and give informed consent for an inspection. Our inspector was extremely friendly, and the inspection was very non-intrusive. If there are areas of your unit you do not wish to show the inspector for any reason, you can simply tell them not to enter those areas.

Ontario Landlord-Tenant Board

A thorough description of how to make an application to the board is available here: http://www.ltb.gov.on.ca/en/forms/STEL02_111308.html

It costs $40 to make an application, but the landlord may be forced to pay your fees if the landlord-tenant board decide in your favor. Landlord-tenant hearings are a fairly easy process since you do not need a lawyer and hearings take place at Service Ontario, which is easily accessible by bus. Hearings last approximately an hour, and you will have a judgement and payment within a matter of weeks if they rule in your favor.

Small Claims Court

If you’ve been victimized by a landlord in a way that isn’t explicitly covered in Ontario’s landlord-tenant act (the victims of the Schembri Unfinished Building Scandal would be a good example), or if you no longer live in the bad landlord’s property, you may sue them in Ontario’s small claims court. Here is a page outlining the process: http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/b4aClaim.asp

The statue of limitations on many of the things that bad landlords do is relatively long, so you can sue them even if you’ve since left the property and ended the lease.

Final Notes

1. These options are not mutually exclusive, so you can pursue more than one of these legal strategies as required.
2. You do not need to make your case right away, and can sue during co-op or in the summertime if you’re too busy right now.

I highly recommend that everyone who has suffered, or is suffering at the hands of a bad landlord raise legal action. It’s thanks to the complacency of students that landlords think they can get away with treating students like garbage. We can change that.