Shield Property Services

03/08/2021

just received an N4 (Notice to End Your Tenancy for Non-Payment of Rent)

If you didn’t pay 100% of your rent by midnight on the first of the month, your may receive an N4 notice to evict you from your rental home.

An N4 notice is a legal document from the Landlord and Tenant Board (LTB) of Ontario that a landlord can serve to tenants owing rent.

You DO NOT have to move out by the termination date on the N4 notice. It gives you 14-day to pay the rent that the landlord claims you owe. If you pay off everthing owing and any new rent that is also due, on or before the termination date, the N4 will be voided. (cancelled)

“What if you can’t pay the full amount of rent you owe.”

First and foremost, communication is key. Contact Shield Property Services and find out if the Lanlord is willing to work with you in and make some type of payment arrangement. However, the Lanlord is not obligated to do this.

If you are unable to reach an agreement, and you can’t pay the full amount, your landlord has the right to apply to the Landlord and Tenant Board (LTB) for an eviction hearing. At the hearing, you will be able to present evidence and explain your circumstances. The LTB will make a decision on whether or not to grant the landlord’s application based on the evidence presented and order that you be evicted.

OVERVIEW OF THE PROCESS
- Landlord serves you with an N4 notice – You may void (cancel)
the notice by paying what you owe.
- Landlord files an L1 application – If you are unable to pay what
you owe, the notice cannot be voided (cancelled). The landlord
can then file for an eviction hearing.
- LTB schedules a hearing – You and your landlord receive a Notice
of Hearing in the mail or by e-mail with the date of the hearing
and the call-in information. Hearings now take place by telephone
or videoconference instead of in-person.
- An Order is sent out – You will receive the decision (the outcome
of the hearing) by mail or email in what is known as an Order.

“What if you disagree with the amount the landlord claims you owe.”
If you don’t agree with the amount the landlord claims you owe on the N4 notice, you can wait for your landlord to file an application and for a hearing to be scheduled. (L1)

At the hearing, you will be able to explain why you disagree with the amount that your landlord claims you owe. However, you must provide evidence to the LTB and landlord well before the hearing date.

03/08/2021

Personal Information Protection and Electronic Documents Act (PIPEDA)

Many Tenants, Landlords and even Property Managers fail to realize that there are many privacy issues arising from a Tenant and Landlord relationship. These vary from “over collecting” or the inappropriate use of personal information from applicants and Tenants alike. Furthermore, Tenant / Landlord information is deemed to be confidential and as such there is a degree of care required to properly protect that information. Identity theft is by far the most serious, but gossiping, sharing of information with those that do not have a need to know are important as well.

Shield, takes privacy related issues very seriously and we’re often asked many questions. These are some of the more common questions asked by tenants or prospective tenants alike.

Q: Are there any privacy laws that govern Tenants’ personal information given to a Landlord or a Property Manager.

A: Yes! Landlords and Property Managers must comply with the Personal Information Protection and Electronic Documents Act (PIPEDA). This is Canada’s federal private sector privacy law. Some provinces may also have more restrictive requirements, but PIPEDA has proven to be the one that sets out the ground rules for how businesses, including landlords and Property Managers, must handle personal information during business.

Outlined below are some of the obligations under the law:

- Expressed consent, not simply implied consent must be obtained
from any individual’s when personal information is collected, used,
or disclosed. This means that anyone gathering personal
information must obtain consent in writing before or at the time
of collecting it. (except in limited, defined circumstances set out in
the law.)
- They must provide valid reasons for collecting personal
information and ensure that these purposes are limited to what a
reasonable person would consider appropriate under the
circumstances.
- The collectors and keepers of personal information must provide
you access to your personal information and allow you to
challenge the accuracy of the information.
- A Tenant’s or Applicant’s personal information must only be used
for the purposes for which it was collected and that those who
collect the information are responsible for ensuring that the
personal information is protected by appropriate safeguards.
(Physical files containing personal information must be filed under
lock and key when not being used. Electronic files must be equally
protected and away from prying eyes).

Many Landlords and Property Managers use credit bureau scoring and reports. Credit bureau’s are also governed by provincial and federal privacy laws and cannot and will not collect information without your consent. This means that you must provide consent to a Property Manager or a Landlord for them to legally obtain a credit report.

Q: What information is covered by PIPEDA?
A: Any personal information including any facts or subjective
information, recorded or not, about an identifiable individual.
This includes information in any form, such as:
- Name
- Date of birth
- Banking information and any other financial records
- Identification numbers
- Driver’s licence number
- Social Insurance Number
- Photographs and video recordings about an identifiable
individual.


Q: How should Landlords and Property Managers be obtaining your consent?

A: Landlords should be getting your express consent to collect, use or disclosure even before going ahead with something like a credit check.

If your image is being captured on a security camera, it may be reasonable to state that your consent was “implied” if signs are posted providing you notice.

Regardless is consent is expressed or implied, Landlords and Property Managers must provide the following information:

What personal information is being collected?
Why it’s being collected.
Will it be disclosed to third-parties and the risk of harm to you?


Q: What personal information MUST I have to give to a prospective Landlord or Property Manager?

A: Information is gathered to decide whether to rent to you. You may be asked for some personal information to allow for a credit check. A credit check can provide information about your ability to pay rent.

Some may also ask for your driver’s license, passport, employer, income, and expenses on an application. This information is not needed for a credit check but may ensure that you are not confused with someone with a similar name and date of birth.



Q: Does a landlord require my Social Insurance Number (SIN)?

A; No. Your Social Insurance Number is confidential. Under the law, organizations cannot make you give it to them for the purpose of renting and you cannot be denied a product or service on the grounds of your refusal to provide your SIN. Just because someone asks for your SIN, it doesn’t mean that you must provide it.



Q: What if a landlord asks for my Social Insurance number?

A: The Office of the Privacy Commissioner of Canada (OPC) generally recommends that individuals do not give your SIN for this purpose. If the landlord insists, you could suggest that they contact the OPC. You could also consider filing a complaint with the OPC.



Q: Can a landlord ask to see my driver’s licence? My tax information? My pay stubs? My bank statements?

A: Each represent a collection of personal information, and as such are subject to the law. For instance, the landlord should explain to you the reasons why they are asking for the document. The law requires that the purpose be one that a reasonable person would consider appropriate.

Landlords should not collect more information than they need for the stated purpose, and should not keep it for longer than necessary. For example, if they are asking to see your driver’s licence to confirm your identity, or pay stubs to confirm your income, they do not need to keep a copy of those sensitive documents once you have been accepted or declined for renting.



Q: Can a landlord look into my background by looking at what I post on social media or by calling another landlord?

A: Landlords should get consent for obtaining and providing reference and/or background checks any person or organization.

Informal checks such as looking at your page are common and acceptable. By posting your personal information on social media, consent is implied. However, Landlords and Property Managers should not use social media as a means of conducting background checks.



Q: Can a Landlord or Property Manager put my name on a “Bad Tenant” list?

A: No, they do not have the right to disclose or share personal information such as a poor payment history to an unregulated or ad hoc ‘Bad Tenants list.” However, poor payment history can be disclosed to credit agencies as they are regulated.



Q: Can a Landlord or Property Manager take pictures of my apartment and its contents?

A: Taking photographs of an individual’s rental unit is a collection of personal information. The purpose must be disclosed prior to, or at the time of, collection, and obtain your consent. Also make a reasonable effort must be made to ensure that you understand how the information will be used or disclosed.



Q: Can my landlord set up surveillance cameras in my building?

A: Yes, but with restrictions. To meet PIPEDA requirements, signs should be posted and policies distributed to the Tenants to explain, for example, how footage will be used and when it will be accessed. Also, cameras should not capture the inside of apartments. Monitors and any recorded images should be secured, and only accessed for specified purposes.



Q: How can I find out what information my Landlord or Property Manager has about me?

A: Under PIPEDA, you have a general right to access your own personal information held. You need to make the request in writing. You are supposed to be given access to your personal information within 30 calendar days.



© Shield Property Services (“Shield”)

The content on this blog is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this blog site are advised to seek specific legal advice by contacting their own legal counsel regarding any specific legal issues. Shield does not warrant or guarantee the quality, accuracy, or completeness of any information in this blog. The articles published on this web site are current as of their original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.

Shield does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through this web site.

This web site may contain links to third party web sites. Monitoring the vast information disseminated and accessible through those links is beyond our resources and Shield does not attempt to do so. Links are provided for convenience only and Shield does not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness, or fitness for a particular purpose.

03/08/2021

(CHPI) Program

The information provided below is the work product of the City of Cornwall which can be found at https://www.cornwall.ca/en/live-here/homelessness-prevention–chpi–program.aspx and is posted on this blog as a matter of convienece and information.

The Community Homelessness Prevention Initiative, has the ability to assist families in maintaining a permanent residence, rather than face eviction and homelessness.

The following are expenses that may be considered:
- utility arrears;
- rental arrears;
- minor relocation fees (transportation to another municipality);
- temporary accommodations;
- moving expenses

Households should have an after-tax household income at or below the Stats Canada Low-Income Measures (LIM). Internationally, it is the most commonly used tool to measure low income levels. This tool is also more consistently used across agencies.

LIM uses line 236 of the income tax return as the base income level. Additional deductions from line 236 can also include child care benefits, support payments (made by payer) and RDSP – this produces the net adjust income – which produces the LIM amount for that benefit size.

Total household liquid assets must be below Ontario Works asset limits, for the benefit unit size, and total accommodation costs must not exceed 80% of total household income.

There are additional criteria based on the request that you make.

Ontario Works or Ontario Disability Support Program Recipients

Applications can be picked up directly at the Housing Access Centre, one of our Ontario Works Offices or online.
Ontario Works or Ontario Disability Support Program Recipients Application link

Please complete the application form and submit with the following information:
- copies of the bills that you are requesting assistance for (hydro arrears, fuel arrears, rental arrears)
- 1 estimate from reputable moving companies
- Non Ontario Works or Ontario Disability Support Program -
Recipients

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03/08/2021

Why Rental Property Inspections Are So Important
After inspecting thousands of properties in more than thirty years, I can categorically say that regular inspections of rental properties are vital.

Inspections may seem like an arduous task, but they can really pay off in the long run. Here are some reasons why routine inspections are critical to proper property management:

It is a preventative way to mitigate serious issues, such as roof leaks, busted pipes, or poor housekeeping from getting out of hand.

They verify any potential safety hazards that could endanger your residents and increase liability claims, such as trip, slip and fall hazards, non-functioning smoke and carbon monoxide alarms or any building code infraction.

At the end of the day, inspections will either improve tenant satisfaction or a starting point in the eviction process should the findings be adverse.

They also ensure that lease terms are being followed, keep units in good condition, and take care of any required maintenance tasks.

In some cases, inspections help improve the overall value of the property.

We encourage resident presence during the inspection

There should be at least one primary leaseholder present during the inspection. This will prevent any accusations of theft or mischief down the line, and it will also provide the opportunity to ask the resident about any potential problems with appliances, systems, or concerns about the unit.

We make sure residents understand why we’re doing the inspection

Kitchen faucet leaking. HVAC system in need of service? Structural integrity, appliance, and systems checks are key to good property management. We make sure to let residents know the reason for our visit by explaining how it benefits everyone.

We do not take photographs of interior personal items

Unlike a vacant unit, occupied rental property inspections have certain rules, and taking photos of identifiable personal items like pictures, valuables, pets, or people is not advisable.

We document all our findings and consult with the owner

It’s important to visually and physically document issues, but it’s equally essential to address such problems with both the owner and the tenant in writing. To that end, we keep our notifications formal and in writing if problems surface during the property inspection.

03/08/2021

It is our pleasure to announce that we are expanding our business with a new 1,500 sq.ft. office and full maintenance workshop located at 313 Balmoral Avenue, Unit D in Cornwall Ontario. Our new facility brings all our services under one roof and offers us the opportunity to better serve our investment property owners and tenants as well as work with our valuable business associates. We look forward to continuing to serve your needs and work with you at our new location. Shield Property Services offers:

- Rental services
- Rent collection and proceedings
- Property care and repairs
- Renovations
- Consulting
- On-call 24/7