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Landlords should be held accountable for tenants’ actions

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Canadian Realestate Magazine | 25 Nov 2014, 09:47 AM Agree 0
A surprising majority (54 per cent) of CREW readers – investors themselves – believe that landlords should be held accountable when their tenants routinely ignore noise and liquor bylaws, but industry experts suggest the focus should be on due diligence when it comes to tenant selection.
  • | 25 Nov 2014, 12:46 PM Agree 1
    It is very surprise to held the landlord responsible for their tenants actions.It should be reversed. Th tenants are adults and they should be responsible for their acts as they are responsible for all other acts under the citizen category. This means police is responsible for any misconduct of any adult in the society.
  • John | 25 Nov 2014, 01:13 PM Agree 0
    It is utterly ridiculous that this is even a question. Landords are landlords ,they are not the police or sworn to uphold law and order . They are to provide a safe, clean , functional residence to an Adult or Family and maintain that property to this standard. The adults that sign a standard contract are the ones to abide by the law of the land .Imagine if we all went around and started policing our selves . where would it stop .
  • Doris Belland | 25 Nov 2014, 01:56 PM Agree 1
    I couldn't agree more with John. Investors are neither babysitters nor parents for their tenants. You can do a thorough background check all you like, but it won't prevent cases of tenants behaving badly. Landlords should follow proper procedures to deal with problem tenants but the onus for the tenants' behaviour can only reasonably fall on their own shoulders. To pass on that responsibility and the ensuing liability to landlords is unreasonable.
  • Jason Clements | 25 Nov 2014, 03:19 PM Agree 1
    What percentage of that 54% are landlords?

    I totally agree with John and Doris. A landlord doesn't purposely rent to a tenant who will cause them problems. I always joke that the biggest part of being a landlord is managing the interrelationships of the tenants. It shouldn't be that way. These should be adults. If they owned the home they would have to deal with a problem neighbour themselves, not call their "mom" or "dad" to handle it.

    If a landlord is going to be held responsible for the actions of their tenants then the Landlord Tenant Laws need to follow suit and make it easier for a landlord to get rid of a problem tenant.
  • Bob Buchanan | 25 Nov 2014, 04:11 PM Agree 1
    I agree with John, it is ridiculous for landlords to take responsibility for the immature behavior of their tenants. It also reduces the status of tenants to children. I did not become a landlord to have more children. Tenants need to grow up and act like adults. Both tenants and landlords need to be held accountable for their behavior and actions. Personal accountability in today's society is becoming a huge problem and passing it to someone else is ridiculous.
  • Jim | 26 Nov 2014, 12:26 PM Agree 1
    What BS. I'd like to drill into that survey! John is absolutely right. If any reader is flouting the law isn't that where you call the police or authorities regardless of whether it's a property owner or a tenant. Come on. This one hardly deserves a response
    • GMB | 02 Sep 2015, 08:55 AM Agree 1
      Exactly. Plus, in Ontario, good luck in trying to evict unruly tenants. Tenants seem to have the same rights as property owners, except that their name is not on title at the land registry office.
  • Gone State Side | 27 Nov 2014, 10:29 AM Agree 0
    The survey must have been flawed to suggest that 54% agree with the statement; the comments so far demonstrate the opposite.
    Once again ignorant politicians want to enact regulation without any insight into the problem. Usually an easy ride for them as most voters have been tenants but few have been landlords. Most of them have also experienced bad tenant neighbours.
    You can't make people responsible for other peoples behavior and then not give them the authority to enforce that responsibility. Ontario won't even allow you to adequately protect yourself and your property from their bad tenants.
  • | 27 Nov 2014, 10:35 AM Agree 0
    I agree with 'Gone State Side' -- who are these 54%? Does anyone actually share the view that landlords should be responsible for tenants' behaviour, or is this a phenomenon of disgruntled tenants getting onto the forum?
  • | 27 Nov 2014, 01:19 PM Agree 0
    Making Landlords responsible for the behavior of their tenants is another example of people, tenants, not being responsible for their own actions. This is a major problem in today's society. Blame others seems to be the standard motto.
  • Chris | 30 Nov 2014, 04:10 PM Agree 0
    This idea is not only ridiculous but legally flawed. The landlord and tenant act goes over and beyond to protect tenants from unscrupulous landlords but to introduce a municipal legislation making landlords responsible for the actions of adult tenants is going to create a precedent. Since a tenancy is a temporary grant of occupancy then we should also make hotel owners responsible for the actions of their clients during a hotel occupancy. Landlords already deal with the risk placed upon them from the landlord and tenant act but to allow this would cripple investors and possibly reduce the amount of rental stock which is already insufficient in many areas. Another analogy to this would be making parents responsible for children over 18 years old who continues to live in their household should they commit and offense. This is inconceivable.
    • Barbara | 17 Dec 2014, 11:52 AM Agree 0
      Well said
  • Kaiwan | 30 Nov 2014, 04:10 PM Agree 1
    The Question is an adult held responsible for their actions?
    If Yes then the tenant is fully responsible for their actions?

    So in essence that is a fact because that is exactly what it is?

    Thank you ,
  • Syl | 01 Dec 2014, 09:37 AM Agree 0
    You would have to give the landlord the right to make arrests, to fine their tenants, and for the landlord to expedite the eviction process if you are going to make them responsible. As it is right now, you are tying the landlord hands up. "Hey landlord, there is a noise violation, we will fine you 1000$ but you cannot get rid of that tenant, even if he does not pay his rent!"
    This is ridiculous! There is nothing to protect the honest landlord, the mom and pop landlords. Landlords have obligations and rights too!
  • RICK | 01 Dec 2014, 10:51 AM Agree 0
  • veronica kelly | 05 Dec 2014, 11:17 AM Agree 0
    I Seen a house on rent faster that hope street Real Estate Corp Calgary were renting out , I needed a place to stay for myself husband and my daughter who is ten, called the company up a lady showed me the place told me there was other people interested but if I was to give a $100.00 more i would get it I told her no that I would only pay what it said on the add , she said she would get back to me she called me the following day and said i could have the house so I jumped at it because it was in a good area for my daughter and the school was very good , She showed myself and my Husband around the house very quick it was very dirty run down there was a list as long as my arm wrong with the place to be fixed and it needed carpet and to be painted but i taught with a clean I could make
    it like home, it was wrote on the lease what needed to be done so my Husband signed it . I moved in Saturday that's when the nightmare started , The first thing I done was to clean the kitchen it took me three days in my hole life I have never seen anything as dirty I had to use oven cleaner to clean the presses the dirt was thick on everything we had to go out for something for dinner each evening as the kitchen was so bad, on the third day i just couldn't see this house getting any better, it wasn't bad enough that everywhere I looked there was dirt the toilet started to over flow upstairs there was thick brown grime in the bowl that was blocking it from going down so it was going all over the floor the toilet downstairs was the same the bath was leaking from the time we moved in. In the basement the vent for the heating is patched up , every time I turn on the heating the smell comes up into the rooms i think it could be from the carpets, the windows we can't close fully, the house needs to be of the market . I called hope street Monday morning I was talking to a girl that looks after the maintenance I told her everything I said to her if she could get some one to fix the things in the house and get carpet for the place and some one to paint that I would clean the house told her it took me three days to clean the kitchen she said she would get the maintenance man out to have a look , when he got here he told me the place was a lot worse that the carpets was black with dirt that the people that lived there before me were very dirty I asked him about carpet he said he was only here to fix things. he could not stop the leak in the bath so he said he would get someone out to look at it Wednesday a man had a look at the bath and said that it was so old that they wouldn't be able to get a part to fix it and it would be better not to use it till it was fixed and it would be a big job so now we cant even get a shower. I called up the girl again today to ask her when will they sort out getting carpet for the house and paint and and told her we can't even get a shower now she said not to ring her again that she would ring me and hung up the phone. I called hope street real Estate Calgary back and another girl answered I told her the house was not fit to live in that I wanted my deposit back and this months rent she said she would get her boss to call me he never did, but the girl that showed me around the house called me started shouting down the phone at me told me that I was not getting carpet or the paint done that not to ring the office again or she would come over to the house to me I told her to stop talking down to me that is in the lease that the carpet needs to be replaced and the place needs painting and there is holes all over the walls with nails in the walls, she said i signed the lease so I have to put up with it that there will be nothing done that if I ring the office again that she would come over and slap a notice on the door to throw me out and that they would be keeping all my money that she would come in and throw me out herself I was shaking for the rest of the day can anyone help me or know a way I can get out of this mess these people are bullying me I am from Ireland and I am in Canada for two years on a work permit and for my Daughter to get a good experience here in Canada she was upset when she could here the girl shouting at me I just want to go back to Ireland now after today I just don't want this to happen to anyone else.
    • Maiden | 11 Jan 2015, 10:47 AM Agree 0
      First off, your response is totally off topic. Secondly, being devil's advocate, didn't you see how dirty this house was when you looked at it? Part of the responsibility of you living there is on you. There ARE laws protecting you from certain things that are so wrong in a house that they may create a health risk and so the landlord would be obliged to fix them.
      Same thing goes if there's something in your lease that says the landlord will fix it. Next step is to call a Landlord/Tenant protection office in your city. I am not in Calgary, you'll have to do your due diligence there in finding the phone number.
  • Veronica Kelly | 05 Dec 2014, 11:32 AM Agree 0
    What about the Tenants , what about my daughter and husband I didn't come over to Canada for this I just want my family to enjoy Canada ,Calgary is a beautiful city and I want my daughter to see all of this, now we have to go home to Ireland because of the abuse we have been getting of hope street real estate I am only in this house a few days that I have rented of them the lady that works for them said she would come to the house if I called again, I am afraid to go outside the door I just want my money back and to get away from these people ,can anyone help me please we have no one over here and we don't have much money we need that money for somewhere else this place should of never been rented out , I know I am not dealing with nice people.
    • FS | 08 Dec 2014, 03:27 PM Agree 0
      I trust that you are being honest with your situation. That being the case, you did see the condition of the home prior to committing to a lease. All issues should have been addressed in the agreement with specifics as to who was to do what and by when.
      This is a perfect example of why one should have representation. An agent that represents ones interests rather than doing it yourself.
      Assuming that you are being taken advantage of, or, you were promised something and the landlord not committing to its word, I would suggest that you may have a slum landlord to deal with.
      If you feel threatened, you can always turn to the authorities. In respect to dealing with the landlord and the condition of the home, your alternative is to note all your facts and contact your local Landlord & Tenant Board office. If possible have them come to the home and do an inspection.
      Good Luck.
  • Betali | 09 Dec 2014, 03:29 PM Agree 0
    I am going to vote that this is a trolling article. It has been posted to simply get a kick out of the readers and get them all irked up.
  • Eddie | 11 Dec 2014, 10:21 AM Agree 0
    People must be held accountable for their own actions. Landlord's are not babysitters. Furthermore, the law should permit the landlord to simply evict a bad tenant if there is documented proof of tenant ignoring the laws and terms of the agreement. Just because vast majority of tenant don't have the same financial resources as the landlord, it does not and should not entitle them to behave badly, abuse the property and/or fail to pay rent in a timely fashion. I don't know about other provinces, but the laws in ontario are one sided in favour of the tenants and it's disgusting to see what some freeloaders are getting away with.
    • Cara | 23 Sep 2016, 09:04 PM Agree 0
      I agree. The landlords should have the right to evict a bad tenant if the tenant is ignoring the laws and terms of the agreement. I live across from a rental unit and twice now the neighbours (all who own, not rent) have contacted the landlord to complain about the partying going on all day and night. The noise is awful. The bylaw officers tell us to call the police and the police tell us it is a bylaw situation. The landlord has tried to do what he can but he isn't able to control the tenants. So we home owners are stuck because a bunch of morons have no consideration of the neighbours. I would like to see rental units confined to certain areas. There are six families in this area affected by these renters. Some have school aged children who are not getting enough sleep because these tenants party all week, not just weekends.
  • Mike | 19 Dec 2014, 04:11 PM Agree 0
    Using this logic, I think the City or Region (depending on what type of road the incident occurred on) should be held responsible for the behaviour of Impaired Drivers. Makes complete sense.
  • Maria | 24 Dec 2014, 09:11 AM Agree 0
    I think that it is delinquent tenants that are the 54% who voted that the landlord be responsible. I am not saying that all tenants are delinquent, but I am pretty sure that anyone who voted would be the delinquent ones. Tenants are adults who are responsible for their own actions. In the Landlord tenant act it clearly states that the tenant is entitled to "quiet enjoyment" of the property which means that the landlord should not be breathing down their necks, acting like their parents or the police. Therefore any issues or problems that don't involve the Landlord's acts should be handled by the tenant.
  • Maxy | 29 Dec 2014, 10:21 AM Agree 0
    It is interesting that any law maker would give any consideration to a Bye-law that punishes landlord/landlady for bad behavior of his/her tenant. If the City and mayor of Wolfville, N.S will be held responsible for any misdemeanor by the residents of the municipality then the bye-law is most appropriate. Then the landlords will have nothing to worry about because any fine imposed on the landlord/landlady due to the misbehavior of tenant will, by law, be paid by the City. Who will argue against that?
  • Ramin | 30 Dec 2014, 01:12 AM Agree 0
    One of the advantages of Canada is that it sees the people as mature and trustworthy until proven otherwise. You go over speed, police finds YOU and gives YOU a ticket. You make money and YOU pay the tax according to what YOU declare. YOU break the law and YOU pay for that.
    The only exception is the ridiculous landlord and tenant act which looks like a joke. According to this one-sided law, the landlords are responsible for everything . They must pay their mortgage or the banks will sell their houses. They must pay taxes to the cities and pay for all other expenses . There is no flexibility or room for them. The mortgage will be withdrawn in the very same day. The property tax should be paid even before the year ends.
    But at the same time,he must take care of tenants, like toddlers. I found it when I got a registered mail coming from another province. In that letter which came from the city,the inspector had found garbage in front of my property and immediately send me a warning that this garbage must be removed immediately or I need to pay a hefty penalty. This was done by my tenant who rented my house through a property management company. I never personally met him ,but the management company screened him. In other word, Although I live in Toronto with 1,200 Km distance from him,I am still responsible for a garbage that my unseen and never-met tenant threw in his living house! The inspector saw the garbage,but he did not knock his door and did not asked for cleaning of the place he lives. Rather he sent me
    a registered mail and found me responsible for his behaviour!
    That is the sad part of being a landlord. We , as landords, can not raise our rent more than 2-3 % even if the mortgage shoots up. If the water price jumps 10 % ,if the wage of a plumber jumps 50% in 5 years, we still are limit to howmuch we can increase our rent.
    If you take a look at Canadian law, you can`t find anything even close to residential tenancy act. It is time for someone to change this old and unfair laws.
    We live in 21st century ,but we are renting our house with outdated 17th century law. And it must change.

  • jesross | 30 Dec 2014, 12:51 PM Agree 0
    As a licenced property manager in British Columbia, I can say that due diligence in tenant selection is the responsibility of the landlord, or as in property management, of the property manager on the landlords behalf. That includes obtaining and checking landlord and employment references, etc. In addition, a landlord should ALWAYS trust their instincts. If a tenant is too eager it should be a warning, anyone who has a week to find a place usually has something else going on. Everything on their application should check out and if some of the answers are not clear or incomplete, don't be afraid to ask questions. Unfortunately I find problems occur when a landlord has to rent a property for financial reasons as it usually means they are more willing or even anxious to put in a tenant even if their references are a little sketchy or their story a little vague. Provided the landlord has done their due diligence, once a tenant is in a property it is expected that that tenant will behave themselves, however it is in the landlords best interest to work with strata councils and/or bylaw officers to encourage the tenant to follow the rules, including written notice of any infraction and a certain amount of time to correct the problem. In B.C. a tenant can be evicted in the event they interfere with other occupants or neighbors right to "quiet enjoyment" of their nearby premises. However as a landlord, you really don't want to have to go that route. For example... A One Month Notice for Cause (ie; disturbance) can be given anytime once the tenant has been advised of the problem and given adequate time to correct it, however it doesn't take effect until the last day of the next full month provided the Landlord does not miss the deadline for service, so it can be close to two months before they are supposed to be out. The eviction procedure for both it and a 10 Day Notice for Late Rent are basically the same however a 10 Day Notice given to a tenant gives the tenant 5 days from date of service to pay the rent and states that if they don't pay within the 5 days they must be out in 10. If the tenant ignores either of these documents and (in the case of the 10 Day Notice) hasn't paid within the first 5 days on or before the 10th day a landlord can apply with the Residential Tenancy branch for an Order of Possession without Arbitration and Monetary Order for lost rent which they will usually receive within about 3 weeks to a month but although the Monetary Order will allow the landlord to file with Small Claims court to attempt to re-coup the amount of rent the tenant hadn't paid, if another monthly rent cycle has started, which it usually does in the case of a 10 Day Notice, the landlord cannot ask for the additional rent with the original Order, instead they have to file for another Monetary Order and go through the process again. In the event of a One Month Notice, if the tenant doesn't leave or doesn't pay rent after receiving the Notice a landlord can file a 10 Day Notice as soon as the rent isn't paid and for an Order of Possession if they feel the tenant isn't planning on leaving on the date they are supposed to. With a 10 Day Notice if a landlord wants to have the right to collect any and all money the tenant will owe due to non-payment of rent they have to decide at the time they file the 10 day notice and if so, they have to file for an Arbitration date which will take usually at least a month to schedule but can take up to 3 months or more but at that Arbitration they can ask for all monies outstanding at that time. In the case of both a One Month Notice and a 10 Day Notice, once the Arbitration occurs the Arbritrator will decide whether or not they will grant the Order of Possession and a Monetary Order for all money owed as of that date and the paperwork will then be drawn up and sent to the landlord. Keep in mind that during all the time leading up to the Arbitration and afterwards, while the landlord waits for the paperwork to be provided, the tenant will have stayed in the property rent free. In both instances after a landlord receives the Order of Possession and serves it on the tenant the tenant then has another 2 days to dispute the Order of Possession. If they dispute it the landlord then has to wait for an Arbitrator to consider the dispute application and decide whether it has merit. It seldom does, as the reasons for dispute are very specific, however another week can go by before the landlord will receive the ok to proceed with eviction, during which time the tenant will still be in the property without paying any rent before the Order of Possession can be enforced. At that point if they still don't leave on their own the landlord can't just move them out and change the locks, which is against the law, instead they have to file the Order in Small Claims court and then hire a bailiff to get them out. This will cost a landlord another $1500 or so on top of all the lost rent, which you also have to file in Small Claims for in order to try and re-coup if the tenant does not pay it voluntarily. Keep in mind that during all of this the landlord cannot enter the property without proper notice having been served on the tenant, that being at least 24 hours or more depending on the method of service. Once the tenant is finally out if the landlord wants to pursue any Monetary Order they will then have to locate the tenant in order to do so, unless they somehow have obtained a forwarding address from the tenant. In general unless a landlord is tenacious and wishes to pursue it further, in the case of a One Month Notice they can lose at least a month's rent if the tenant refuses to go, and up to 2 or more months rent in the case of a 10 Day notice, plus filing fees and any court fees, and possibly bailiff fees, along with the time, effort and cost to clean up the unit if the tenants leave a mess and/or damages. Due to the further cost and effort many owners just throw up their hands at this point. So to summarize; I don't know about other provinces, but if you are a landlord in B.C., do yourself a favor and make sure you check out your applicants thoroughly before renting to them, and again, trust your instincts. Although never foolproof (I've had landlords lie to me in order to get a bad tenant out of their property, this is where asking questions comes in) it is your best chance against having to go through any of the above.
  • jesross | 30 Dec 2014, 01:10 PM Agree 0
    Oh, and one more thing, in B.C. a landlord cannot just keep the tenant's security deposit (the allowable amount is 1/2 months rent). Unless the tenant agrees in writing the landlord has to apply to Residential Tenancy to keep it or any part of it. If they don't they will be required to pay the tenant double the amount of the deposit. sigh.
  • Mike | 06 Jan 2015, 07:41 AM Agree 0
    Absolutely ridiculous.
  • andrew nagy | 06 Jan 2015, 08:56 AM Agree 0
    Like landlords don't have it tough enough with the landlord tenant act run down their necks already, why don't we make this country or province a little more communistic and landlords can pay all the rent when the tenants can't pay or just decide not to pay, and buy them dinners, gas car and auto insurance.
  • Kerry | 08 Jan 2015, 11:42 PM Agree 0
    Having someone else held responsible for another persons bad behavior is absurd. It is very difficult to evict tenants - even if they are disturbing others. The process can cost landlords thousand of dollars with very little repercussions for the tenants. Landlords are people too and suggesting that landlords should be held responsible for their tenants actions does not make sense and is not fair. Can you imagine how easy it would be to financially cripple your landlord. Bad tenants can threaten landlords with fines by threatening to purposely break by-laws and have the city fine the landlord unless the landlord agrees to reduce the rent or even worst - give them the apartment rent free..
    • Forthright | 28 Jan 2015, 12:14 AM Agree 0
      It is not just absurd but outright senseless. Why does municipal and provincial governments that divine such absurdities not pay mortgages for landlord when landlords cannot afford to pay their mortgages?
  • Les | 09 Jan 2015, 09:10 AM Agree 0
    Landlords are already at risk of unscrupulous Tenants who can be experts at taking advantage of the system. It can take a landlord over 6 months to remove Tenents gone bad. Why not give bad tenants even more power to ruin a landlord life.
  • Shirley | 09 Jan 2015, 07:09 PM Agree 0
    If this law were passed, no sane person would be a landlord. I as a landlord have had the experience that Les mentions. In BC, landlords already have little or no rights once a renter walks over the threshold of the rental.
  • Maiden | 11 Jan 2015, 10:34 AM Agree 0
    I'm curious to know the demographics of the survey itself. Was the majority of the 54% who believe a landlord should be responsible for the actions of their tenants actually tenants?
    From all I've seen and heard it is already the landlord who takes the biggest risk and loses the most when they end up with a poor tenant. There isn't enough legislation NOW to protect a landlord. Adding more responsibility will decrease the number of rental units available, and that already IS a problem.
    I agree it is ridiculous to even suggest such a law and if passed one would have good merit to dispute on the grounds set forth in our constitution. One person can not be held responsible for illegal activities of another, period.
    Believe it or not the city of Hamilton passed a bylaw making a new home owner responsible for bills not paid by the former owners. What next?! This too I believe if pressed, would be shot down in a higher court.
    • Forthright | 28 Jan 2015, 12:22 AM Agree 0
      Yes Maiden. But it will be the landlord again who will foot the bill to take the case to Higher Court not the tenant or the Municipal government that dreamt up the absurdity in the first place, typical ploy by "smart" politicians.
  • andy | 13 Jan 2015, 10:49 AM Agree 0
    It is preposterous that landlords should be reprehensible for the misbehavior of their tenants. Landlords have responsibilities to their tenants in providing safe, comfortable, and adequate living conditions and can and should be held accountable. In the end the market will decide when it becomes obvious that the housing is of inferior standard and quality. Similarly, tenants have obligations for which they must be held accountable, which means complying with their contractual agreement with their landlord. Such a law will only serve to reduce or even drive out landlords thereby increasing and aggravating further a tenancy problem. Although due diligence can help reduce troublesome tenants, it does not prevent tenants from behaving badly, despite their good intentions.Circumstances change which can affect behavior, ie illness, financial stress, marital problems etc. Mature, responsible tenants is what landlords hope to have as their tenants. But to expect landlords to be accountable for their tenant"s behavior is like parents expecting teachers to be accountable for their students misbehavior. Landlords are not babysitters. Landlording is a business with financial risk and uncertainty. Both tenants and landlords must be accountable for their actions and behavior. To expect anything less, is absurd.
  • Pawan Gupta | 20 Jan 2015, 07:56 AM Agree 0
    No, Land Lords are not the parents of the tenant. They are providing them the liveable accommodation for the rent they receive. If the tenant is doing something wrong then he or she should be taken care by the police. Yes, the Land lord must give them the warning for their behavior which can be turn in to eviction. More over the tenants are adult individual and they should be held responsible for their bad action and other tenant in the building have the right to enjoy peaceful living.
  • Martin | 21 Jan 2015, 10:56 AM Agree 0
    its as silly as holding the parents of the tenants accountable for them. Perhaps that will be the next step - landlords will have to go after parents of their adult children for not raising them right? ? Both ideas seem absurd yet both are the same thing - tenant alone should be responsible for their own "crimes".
  • Victoria | 22 Jan 2015, 08:35 PM Agree 0
    I propose that the 54% of people who voted to make Landlords responsible for the behavior of their Tenants could be owners who live in strata corporations. Strata owners have a lot to gain by making Landlords responsible for their Tenants. Strata corporations can levy fines on their owners (Landlords) for various complaints, but have no way of enforcing fines on Tenants. The fines can be onerous, but don't have to be logical. The strata corporation will still, ultimately collect, along with interest. Rather than actively chasing the fines, which may involve confrontation, the strata corporation can place a lien on the property title, and when the property is sold, the strata corporation collects. The only way to fight the fines is to go to court, a lengthy and expensive process. There can be a large amount of money involved, and many strata corporations need money for water damage and re-roofing.
    I propose that individual Strata owners who live in buildings with rental units, over perhaps any other group, have a large stake in a law that makes Landlords responsible for the behavior of their Tenants. Otherwise, such a law makes no sense, particularly when referring to the writer who suggested that, under such a law, the Landlord would serve the time in jail when a Tenant was found guilty of murder.
  • judy | 23 Jan 2015, 02:48 PM Agree 0
    It is time we held adults accountable for their own actions! In many cases, landlords end up being victims of their tenants too, by a legal system that is far too liberal. A landlord can run checks on tenants and no one will say "boo" out of fear of retribution. If the tenants ran out of places to wreck and excuses for non-performance in society, perhaps they would finally grow up!!!
  • Robert Hunt | 26 Jan 2015, 08:30 AM Agree 0
    So Landlords should now become baby sitters for adults. How rediculous is this?
  • Julie | 10 Feb 2015, 12:11 PM Agree 0
    Holding a landlord responsible for tenants actions, would be like holding the LCBO responsible for all drinking related offenses, or hold a bank responsible for a grow operation, or hold the school system responsible for failing children, or hold the catholic church responsible for ....

    If criminal and unlawful activity of an 18 individual/tenant become responsibility of an owner/ landlord of a property in Canada, then our society is well overdue. The Landlord and Tenant Act is due for a major change!
  • Randy | 24 Feb 2015, 03:18 PM Agree 0
    If tenants behave badly, I want to move towards eviction with Ontario's N5 notice. The problem is that I need at least one complainant to go to LTB court with me. A nominal $50-$100 fine might be evidence for an N5 second notice enabling me to get them out. Noisy tenants often tend to do damages as well so it's pay me now or pay me later.
  • | 06 Mar 2015, 11:30 AM Agree 0
    The landlord has so few rights against the tenant and can do nothing. The Landlord would not be able to evict because of the control from the Tenant Tribunal, so is he expected to keep paying the fines. Time is overdue for the Real Estate Industry to promote changes to the laws if the Tribunal.
  • Sheesh | 11 Apr 2015, 05:39 PM Agree 0
    Another "survey" which, in this age of media and sinternet, have now become known as "serve-purpose".

    Little constructive insight is provided without a fuller context to the posing of the question and of whom exactly.

    For example, if full possible ramifications to the landlord, their insurer, the landlord's insurance premiums, etc., are all outlined and considered, do the same "survey" results result? Likely not. Likely not even close to the same.
  • Luisa Fleming | 23 Apr 2015, 08:44 AM Agree 0
    Landlords should not be responsible for the actions of the adult tenants. He should be made aware of the problems caused buy tenants and must take measures to correct the problems by eviction or whatever is convenient. Tenants have so many rights and many times landlords are helpless. It is totally unfair to punish the landlord for the tenants faults.
  • | 12 May 2015, 09:31 AM Agree 0
    Reading this article, I immediately think back about a half year to when tenants of mine were regularly being disturbed by noisy neighbours. The downtown Toronto high rise they were living in developed a reputation as a party building, with most units having been rented out to "young professionals". Police were being called to the building every weekend over noise complaints and the like.

    Having spent quite a bit of time working with the on-site building managers, they revealed to me part of their problem was that they were acting alone in trying to rectify these bad tenants behaviour, leaving my good tenants and many other building residents to suffer for months. The problem tenants almost in all cases were renting condo suites owned by foreign investors that had a local real estate "managing" their property. The result was that these foreign investors were not being notified about what was happening on the ground, and were subsequently not taking any action to curb the behaviour of the problem tenants. I'm always mystified as to why investors leave such a vital role of property management up to a real estate agent. Real Estate Agents primary source of revenues come from selling and leasing properties, so inevitably, their devoting any time to management serves more as a distraction and secondary activity than anything else.

    The end result, as was reported to me by the building staff, was the problem tenants that had attentive landlords (or property managers) received warnings and quickly improved their behaviour. The foreign investors' and absentee landlords' tenants were EVENTUALLY taken to court and the suite owners were made responsible for legal fees incurred by building management. Things eventually improved at the building, but only after a long period of annoyance and headache for residents.

    As long as there's an effective system of reporting nuisance tenants to landlords, holding landlords accountable makes sense. That said, if landlords have taken steps to try and correct the tenants bad behaviour, the tenant should then be fully responsible.
  • Avi | 12 May 2015, 09:52 AM Agree 0
    Tenant screening, despite a landlord or property manager's best efforts, does not always work perfectly. An exceptional credit report, employer references and such don't provide any insight into how someone behaves or treats a property. While a landlord reference may provide greater insight into how a potential tenant will treat your property, you may not always receive accurate or correct information.

    One difficulty landlords have when screening tenants, is reviewing applications of young adults that are moving out of their house for the first time. What's the likelihood their parents are going to let you know their son/daughter's room is a pigsty? Another problem arises when other landlords try to offload a problem tenant by falsely reporting that their tenants are "great and a pleasure to work with".

    Due diligence with screening tenants is a MUST, and if you are a new investor it's best to hire an experienced professional to perform such a crucial task. But investors should realize that this practice isn't perfect and some bad apples do slip through the cracks.

    Investing in property comes with it a lot of duties and responsibilities, that's the simple truth. Those hoping to see returns on investments with little oversight are better off investing in financial markets.
  • Procision Property Consulting Services | 19 May 2015, 12:34 PM Agree 0
    I would ask who are the people advocating to have Landlords held responsible for the illegal actions by tenants. Obviously there is a disconnect regarding free enterprise in Canada.
  • | 08 Jun 2015, 09:02 AM Agree 0
    I have a problem to agree to those act making landlord responsible for the tenants' action. while the Tenancy Act does not contain a clause that the Landlord can evict the tenants based on that.
    For example: the Health Department is forcing the landlord to make sure the rental place is clean ( even it is the tenant who causes the issue), but when the landlord heads to the Court for tenant eviction, the landlord is unable to terminate the tenancy due to the Act deems that dirtiness is not the substantial breach of the contract.
  • robert | 09 Jun 2015, 12:24 AM Agree 0
    all you persons think the landlord knows all..well i owned a low income housing setup for 12 years. i knew more or less within the first 24 hours who would make it or not. it is these support groups that sluff off the bad eggs on you as a landlord..they are committed to housing

    these bad persons to save expenses to government coffers such as policing,hospitals,emergency housing setups such as missions etc .

    these persons use up spare resources upon society. thats the bottom line $$$$$

    robert w
  • peegee | 10 Jun 2015, 05:54 PM Agree 1
    I am still sputtering in disbelief that such an absurd and idiotic matter should even be mentioned! We are responsible for ourselves AND SO IS EVERYBODY ELSE! PERIOD! And as far as "checking someone out"- you can only go so far to get info. You can get a credit report and if you ask their present landlord s/he is scared to say too much negative and may be trembling about a potential libel suit. If someone gives a name as a reference you KNOW the reference is going to give an "OK". Also a tenant may be clean, pay the rent, quiet but be a royal pain in the butt complaining all the time about virtually nothing. How does a referring landlord deal with that. Best when interviewing a potential tenant for the landlord to speak strongly about what s/he expects and will not tolerate and "if you can't abide by that, save us both a pile of bother and go elsewhere"!
    This nonsense is just yet another attempt to dilute people's responsibility.
  • C.Lee | 11 Jun 2015, 11:56 AM Agree 0
    We brought up our children to be responsible adults and we cannot be responsible for a tenant's action. The tenant may have had a proper rating when he/she moved in, but succumbed to a drinking problem, having brought in drunken and loud friends, jeopardizing the quiet living right of their neighbour. Whoever thought of being responsible for those delinquent tenants is not fair and should live next to one of these bothersome and ignoring the law and tenancy agreement neighbours and see if they will be responsible for damages caused and tenants moving out because they cannot bear living to those lawless, self righteous and selfish people.
  • Don R Campbell | 15 Jun 2015, 11:46 AM Agree 1
    It would be VERY interesting to see how many investors responded to this survey. Is this 54% of 100 random responders (where 1 vote can change the result dramatically) or is this of 2,000 investors which would give a clear picture.

    Making landlords responsible for tenants? Hmmm, in our society we aren't even willing to make parents responsible for their children's actions. Where does the buck stop? Next they will want to have teachers held responsible for the actions of their students.

    People need to be responsible for themselves, and there need to be negative consequences for negative actions.
  • | 29 Jun 2015, 11:17 AM Agree 0
    What about personal responsibility on the Tenants part? If he or she is not abiding by a by law that is their personal decisions and actions and not the Landlords. Is the Mayor of the town where I am a home owner responsible if I as do not abide by the by laws? No, because we are all individual adults who are individually responsible for our own actions and not those of others.
  • Lisa Maggiore, Orangeville, ON | 03 Jul 2015, 09:52 AM Agree 0
    Landlords being responsible for the tenants behaviour?! Totally INSANE!
  • Jon | 09 Jul 2015, 01:52 PM Agree 0
    Law makers, bylaw officers, police, fire departments, condo boards, politicians and even the ontario landlord tenant board all have a history of making the landlord responsible for the tenants' actions.

    It is much easier to fine and collect from a property owning landlord than from a tenant. It is also more politically correct to fine a landlorqd than a tenant.

    Landlords are quite simply easy targets.

  • Chad Robinson | 10 Jul 2015, 01:21 PM Agree 0
    We have become a society of baby sitters. This is no surprise. We need to look after everyone and abdicate our personal responsibility. We see this in business, with tenants, with clients not wanting to pay bills, with our kids in school. The really scary thing is that society in general is ok with this! All people of all ages need to have age appropriate responsibilities and to be held account. You don't pay your rent you should be kicked out. You act like a buffoon you should be kicked out. Don't show up for work be fired etc.. The next thing will be we can stop paying our mortgages and say oh well they should have known better and not given it to me... To bad and oh by the way I am not moving out.. :)
  • Jacquie H | 06 Aug 2015, 04:01 AM Agree 0
    Love the response that the landlords are not responsible for the tenant.
  • ED | 18 Aug 2015, 09:25 AM Agree 0
    It is high time for everyone to be held responsible for their own actions!! If this bill were ever to become reality the insurance business would soon be involved as another way of not taking responsibility for one's actions.
  • Cathy Bradford | 21 Aug 2015, 02:12 PM Agree 0
    Tenants already have more rights than landlords. It is an endeavour for a landlord to get a tardy paying tenant out. It is difficult to put a tenant out, should the landlord want to sell the property. To penalize a landlord for inappropriate behaviour of their tenant means the tenant would have to be supervised. Sound ridiculous to me.
  • john sohan | 13 Sep 2015, 02:22 PM Agree 0
    who should pay the landlord or tenant when the agreement demanded a tenant to have his name on the gas bill and latter the tenant remove his name from the gas bill while he was still living in the unit unknown to the landlord.. the gas company instead of disconnecting the home, added the landlord name to the account, without approval from the landlord. asking the landlord to pay for tenants consumption. should the landlord pay ?
  • Talula | 30 Sep 2015, 01:40 PM Agree 0
    Does this mean the law is considering downgrading Tenants to "Not Accountable" as people?
    That is quite obviously against the Constitution.
    This implies Tenants have different human rights and are discriminated against as Irresponsible and Incapable of controlling their actions.
    It implies that Tenants are mentally ill and therefor not to be held accountable due to lack of mental acuity.
    This may apply to some tenants but certainly does not apply to the majority.
  • peegee | 01 Oct 2015, 04:10 PM Agree 0
    I couldn't believe I read that headline! What utter nonsense:
    We are each of us responsible for our OWN behaviour - not the behaviour of others! It's like making a store owner responsible for an unruly customer in his/her store! Or the bank responsible for someone who gives a bad cheque!
    The term "due diligence " has been worried to death! Just see how far you can go what with privacy laws etc. Disclaimers and other non-responsibilty statements. And other landlords who are scared to make any derogatory statements about anyone (slander/libel anyone?!) and don't forget (surprise! surprise!) some tenants even don't tell the truth! And remember the tenants of course have "rights" (galore!) too!
  • | 21 Oct 2015, 08:18 AM Agree 0
    I concur, nonsense indeed. Articles like this make me want to get out of the business. Landlords in Canada have very few resources to screen tenants with, and if and when a landlord opts to not rent to a particular applicant, the landlord is at risk of being pursued for being discriminatory in some way....there seems to be no winning for landlords in this country. Never mind that it's ludicrous to think of landlords as some sort of security guards or glorified babysitters to tenants.....absolutely ridiculous, shame on anyone who agrees with this crazy notion.
  • Fred | 03 Nov 2015, 07:55 AM Agree 0
    All very interesting. In the USA some jurisdictions hold bar owners liable for what their patrons do after they leave the bar, in an attempt to reduce personal injury by drunks. Just saying...
  • RoBko | 04 Nov 2015, 08:39 AM Agree 0
    I totally agree with John and Doris. A landlord doesn't purposely rent to a tenant who will cause them problems. I always joke that the biggest part of being a landlord is managing the interrelationships of the tenants. It shouldn't be that way. These should be adults. If they owned the home they would have to deal with a problem neighbour themselves, not call their "mom" or "dad" to handle it.
  • Matt | 30 Nov 2015, 01:45 PM Agree 0
    This many comments and not one (except one vague reply) person agrees with this article. That alone tells the story, don't you think?
  • harry | 11 Dec 2015, 01:36 PM Agree 0
    landlords need more rights over tenants in order to enforce tenants actions
  • Wayne | 29 Dec 2015, 09:03 AM Agree 1
    When did the concept of being responsible for ones actions fall by the wayside? Oh yes! I remember now it was when the courts and the general public started to accept the defense that I am not responsible for my actions because I was drunk, stoned, in a bad mood had to make my bed when I was a kid, my parents yelled at me etc.
  • Peter | 25 Jan 2016, 11:02 AM Agree 1
    As a landlord, i find it appalling that i could be penalized financially because an adult makes choices that are completely beyond my control. Yes, landlords have an onus of responsibility to mitigate the risk of bad tenants but to be held financially responsible is ludacris.

    Id like to see this one go before the courts...
  • Dave | 27 Jan 2016, 08:52 AM Agree 0
    I agree this is ridiculous but I doubt this survey is real, it's just something the website put up to gain comments. Although, I doubt many renters are viewing this website so the responses are all from property owners...
  • Nick | 29 Feb 2016, 09:54 AM Agree 0
    I don't know who is making such a law so ignorant saying that an Adult tenant misbehaves the Landlord is held responsible. Even in house if a teenager child over the age even parents can not do anything then this is the tenant how come Landlord be responsible. If the person is passing and signing such a law either is drunk or do not know what he / she is talking about.
    Such politicians should be removed from their post as they are not capable to perform their job.
  • Mark K. | 03 Mar 2016, 10:27 AM Agree 0
    Interesting. I read the first 20 comments and not one person thought the landlord should be held responsible for tenant actions. There is no doubt the poll is "flawed".
  • Terminator | 31 Mar 2016, 03:03 PM Agree 0
    A very strong and consistent response, as evidenced by these comments. Landlords experience a lot of unfairness out in the real world of providing housing. The "glass half full" is that if a landlord is indeed held accountable, that creates a serious prejudice to them which may present valid grounds for an eviction case. Stay strong, landlords. It's not easy out there, is it?

    C. April Stewart, aka "the Terminator"
    Landlord Legal
    Barrie, Ontario
  • Gasior | 11 Apr 2016, 07:58 AM Agree 0
    The Landlord cannot be held responsible for a tenants actions because the Landlord has no rights to enforce an action or evict a tenant. If a tenant makes noise they usually ignore the landlords request to be quiet and when when the Landlord calls police they rarely come and when they do the tenant is quiet until the police leave and then start again. Serving a notice to the landlord tenant board is useless since they rarely will provide and eviction order. An eviction order is the only tool a landlord has. The LTB favors the tenant under notice but fails to realize that the other tenants in the building should have equal rights to enjoyment of their residence. The tenants need to realize there are consequences to their actions and that the tenants must be held responsible.
  • SR | 12 Apr 2016, 01:33 PM Agree 0
    Holding landlords accountable for tenant's actions is ridiculous.

    Let's say a criminal stabs someone with a knife. Would the knife manufacturer be held accountable for this crime? It's ridiculous!
  • AnnaDanishek | 28 Apr 2016, 10:50 AM Agree 0
    It is very difficult to evict tenants - even if they are disturbing others. The process can cost landlords thousand of dollars with very little repercussions for the tenants. Landlords are people too and suggesting that landlords should be held responsible for their tenants actions does not make sense and is not fair. Can you imagine how easy it would be to financially cripple your landlord. Bad tenants can threaten landlords with fines by threatening to purposely break by-laws and have the city fine the landlord unless the landlord agrees to reduce the rent or even worst - give them the apartment rent free
  • Greg | 08 May 2016, 01:53 AM Agree 0
    Can you please stop writing such trash ,Landlords should be responsible for their tenants actions grow up. The landlord is a landlord and nothing more, Actions caused by an adult individual is the responsibility of his or her actions and not the Landlord, I really wonder if the editor is just looking to rattle the cages of people by writing this irritating article
  • LanceH | 30 May 2016, 11:23 AM Agree 0
    Only Lefty Socialists want to avoid responsibility and pass it on to someone else. Can you imagine what it would do to the rental market? Landlords would be fleeing like rats off a sinking ship and rents would skyrocket! Oh I wouldn't put it past someone like Communist Wynn, the one holding realtors liable should a piece of land they list happen to have a drop of oil on it (is a realtor expected to pay several thousand dollars for a phase II before even listing a ppty??), or who's abusing forfeiture laws to take some guy's house on false pretenses. Heck, Wynn just blamed her poor reception in Alberta on "being female", despite that province electing a female premier!! That's what makes suggestions like this so scary and why we should take them seriously and shoot them down instantly!!
  • Nee | 27 Jul 2016, 02:31 PM Agree 0
    That is the worse thing I have ever heard why should a landlord be responsible for their tenants actions we are totally responsible as an adult for our own behavier I am sure a landlord does a reference check anyway at their work places and their previous landlord maybe the passed landlord wants to get rid of these bad tenants so he gives a good reference?
  • Ernie Gutstein | 09 Aug 2016, 09:18 AM Agree 0
    So the landlord is "daddy" and has to be responsible for their "children" the tenants? Give me a break. Maybe the police should be responsible for the acts of criminals because they did not perform proper due diligence.
  • Peggy | 22 Aug 2016, 05:37 PM Agree 0
    Absolutely ridiculous concept. Should a vehicle leasing company be responsible for the drivers actions? e.g. drunk driving?
    NO because it absolutely up to every individual to uphold the law and impossible for anyone else to force them to do so.
  • | 01 Sep 2016, 11:45 AM Agree 0
    yes and the police should be responsible for any crime that happens and the hospital should be responsible if someone dies and the girl is responsible if she gets raped and if you get mugged its your fault and when .... oh l ve had enough of this stupid thinking
  • John Burbridge | 03 Oct 2016, 11:41 AM Agree 0
    It would be interesting to see how that survey was posed to CREW readers. Hard to believe that anyone would want to deflect responsibility from an adult perpetrator on to an innocent individual. You wouldn't likely accept the idea of charging the owner of a vehicle if someone uses their car to commit a crime. You wouldn't charge a parent if their adult child breaks the law. Who else should we hold responsible for a bad tenant? Maybe anyone remotely linked to the crime should be held accountable. Lets pull in the lender, the realtor, tenant's references.....
    Where does it stop. You're responsible for your own actions.
  • irked landlord | 16 Oct 2016, 09:41 AM Agree 0
    I am a landlord. If this goes through, and landlords are held responsible for their tenants, then I will get out of the rental business, and evict all my tenants. Maybe this is what the gov't really wants.
  • Kim | 16 Oct 2016, 05:30 PM Agree 0
    What if a tenant committed another more serious crime in the dwelling, like for example (God forbid) murder? Should the landlord be help responsible? Obviously not. For me the same logic applies to any infraction of the law.
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