Mark Savel

Nov 15

Does A Landlord Have To Pay A Tenant To Move Back Into Their Own Home?

By Mark Savel Advice for Landlords, Video Blog

If you are a landlord in Ontario wanting to move back into your rental property, then this post is for you!

In the past, all you had to do was simply notify the tenant of your intention to move back in, and the tenancy would effectively come to an. (with proper notice of course)

Unfortunately, many (shady) landlords weren’t using this method in the most honest of ways. Instead of moving back-in, some landlords would simply relist at a higher price. Naturally, this displaced many tenants resulting in unnecessary moves and extra costs. The Ontario government quickly got wind of this and moved swiftly to shut the loophole down.

As of September 1st, 2017, the rules surrounding how and who can move back in have changed significantly. As per the Landlord Tenant Board: A landlord may apply to terminate a tenancy on the basis the rental unit is needed for use by the landlord, the landlord’s family member, or a person who provides or will provide care services to the landlord or landlord’s family. Notice how they didn’t say cousins or even siblings? It must only be an immediate family member, and the move must be in “good faith”.

You also to compensate the tenant for displacing them. Yes, you read that right – landlords now have to: compensate the tenant in an amount equal to one month’s rent or offer another rental unit acceptable to the tenant.

Examples of Evicting a Tenant as Bad Faith

Some examples the board provides of termination in bad faith include:

advertises the rental unit for rent;
enters into a tenancy agreement in respect of the rental unit with someone other than the former tenant;
advertises the rental unit, or the building that contains the rental unit, for sale;
demolishes the rental unit or the building containing the rental unit; or
takes any step to convert the rental unit, or the building containing the rental unit, to use for a purpose other than residential premises.

These provisions only apply during the period that begins on the date the landlord gave the tenant the notice and ends one year after the former tenant moves out of the unit.

Fines or Remedies

If a landlord is caught breaking the rules, the LTB may order the landlord to pay:

a specified sum to the tenant for all or any portion of any increased rent that the former tenant has incurred or will incur for a one-year period after vacating the rental unit;
reasonable out-of-pocket moving, storage and other like expenses that the former tenant has incurred or will incur;
an order for abatement of rent;
an administrative fine not exceeding the greater of $25,000 and the monetary jurisdiction of the Small Claims Court; or,
any other order that the LTB considers appropriate.

Steps a Landlord Must Take to Move Back Into Their Rental Property

If you and your family truly do need to move back into a rental property – make sure you follow all the correct procedures:

Give proper notice.
Compensate the tenant in an amount equal to one month’s rent or offer another rental unit acceptable to the tenant.
Ensure only you or an allowable family member is moving back in and that the move is being done “in good faith”

With a max fine of up to $25,000, going about it in the wrong way is no slap on the wrist! Full details can be viewed on the Landlord Tenant Board website… and of course, none of this is to be taken as legal advice – just my experience in the wild world of Toronto Real Estate.

Happy Real Estating!

Oct 26

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Feel Good Lane Mural Project in Toronto

By Mark Savel Toronto

Feel Good Lane is located between Atlas and Arlington, half a block north of St. Clair West. The laneway was renamed in memory of Barry Luksenberg. Barry, who went by the MC name of “Feel Good”. The Laneway had it’s garages painted with the help of local street artists.

Oct 22

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Can a Landlord Refuse to Rent to a Person who has a Pet in Toronto?

By Mark Savel Advice for Landlords, Video Blog

Can a Landlord Refuse to Rent to a Person who has a Pet?

Yes! In Ontario, a landlord can refuse to rent to their property a person who has a pet… however, once a lease has started, a Landlord cannot simply evict a tenant for having a pet.

Confused yet? Let me explain:

According to the Landlord and Tenant Board: “A landlord can refuse to rent to a person who has a pet.” They also mention that “A service animal is not considered a pet” and therefore if a tenant with a service animal makes an application to rent, that isn’t grounds for a refusal.

Now here’s where things get tricky…

The board also says: “A tenancy agreement cannot forbid a tenant from having a pet. And once there is a tenancy agreement, a landlord cannot evict the tenant simply for having a pet. This is true even if they agreed that the tenant would not have a pet.”

What this means is that once a lease starts, a landlord cannot evict or prevent a tenant from getting a pet. It also means that any wording in an agreement to lease which prohibits a tenant from having a pet is unenforceable. Even if the tenant hid a pet from you in the application process (ie. lied about having any pets), you still cannot evict them for having one.

HOWEVER… there are certain situations that The Board lists for when a landlord can start the eviction process and they are:

the pet is making too much noise, damaging the unit or causing other tenants to have allergic reactions;
the breed or species is inherently dangerous (e.g. a tenant’s pit bull could be considered “inherently dangerous” even if it hasn’t bitten anyone);
the rules of the condominium corporation does not allow pets like the one tenant has.

The important distinction to make here is that a Landlord cannot evict the tenant just for having a pet, but rather only if a situation similar to the examples above occurs.

Can the Landlord Charge the Tenant a Damage Deposit?

The short answer is NO, and this extends to pet deposits as well. The Landlord and Tenant Board says the following:

A landlord cannot collect a damage deposit to pay for damage done to the unit. Also, a landlord cannot use the last month’s rent deposit to cover damages in the unit. The rent deposit can only be used for last month’s rent before the tenancy ends.

If the landlord finds that a tenant has damaged the unit or caused damage to the building, the landlord can give the tenant a notice of termination and/or ask them to pay for the damages. If the tenant doesn’t pay, the landlord can apply to have the LTB determine if there are damages and what should be done about them.

Tenants with Pets Summary

Before a lease starts, a landlord can deny a tenants application simply for having a pet (Service animals excluded since they are not considered pets).
A lease cannot contain any language that prevents a tenant from having or getting a pet.
Once a lease is signed, a landlord cannot evict a tenant just for having a pet.
A landlord cannot charge a tenant with a pet any sort of additional deposit for having a pet.

Sep 17

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7 Leander Court – Gordon Ridgelys Modern Masterpiece

By Mark Savel Luxury Real Estate

In recent years, Toronto has seen a boom in modern home design. These modular structures stand out from many in the city with their unique appearance that usually features flat roofs, dark brick facades and expansive windows… but there is one modern home that truly stands out from all others, and that is Gordon Ridgelys final modern masterpiece – 7 Leander Court.

Gordon was born in Oshawa, Ontario on July 1938, and studied architecture at the University of Toronto. He graduated in 1965 with a passion for contemporary and modernist design. But at that time, there wasn’t much demand for such style and design – so he shifted his talents to creating Georgian styled homes. Over the years, that helped amass an impressive clientele list with the likes of Galen Weston and even Conrad Black… but his passion remained with modern design.

7 Leander Court was one of the final projects Mr. Ridgely worked on before his passing in 2013. The home marked a return to his passion for modern design and features much of exacting detail Gordon was known for… and now, for the first time ever, the home is being made available for purchase!

The home, located in the O’Conner and Woodbine part of town, measures in at over 3,600 sq.ft. (interior). It was designed to respects the principles of feng shui and is situated along the Taylor Creek Ravine on a private cul-de-sac. It features 4 bedrooms, including an incredible 3rd-floor retreat for the master. Expansive windows line that rear of the house and open up to the backyard where you’ll find a mini oasis in the city!

My colleague Rebecca Keyzer, who is representing the sellers for the sale of the home, shared some of the highlights from within:

This home was intentionally built to be low-tech due to the health concerns associated with technology. The house wiring was designed by an anti-electromagnetic consultant. Everywhere where your head will rest, the wires are coated in a stainless steel, industrial grade sheath to protect your body from any negative effects of electromagnetic radiation and bypass all sleeping areas.

The Details on 7 Leander Court

Address: 7 Leander Crt
Neighbourhood: O’Connor-Parkview Toronto
Price: $2,987,500
Bedrooms: 4
Bathrooms: 5
Parking Spaces: 3
Listed with: REBECCA KEYZER, Salesperson SAGE REAL ESTATE LIMITED, BROKERAGE
Photos: BirdHouseMediaca

Sep 13

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What Are They Building at Glencairn and Marlee? 831 Glencairn Ave

By Mark Savel New Condo Developments

Marlee Avenue is gearing up for another condo development! An application was submitted with plans for an 11 storey development at the South West corner of Marlee and Glencairn (831 Glencairn). The application was submitted by Masseto Homes Inc and Chestnut Hill Developments (who also built The Address Of Highpark and Life Condos). Plans are calling for an 11 storey midrise, with 224 units proposed!

Who Is Building The Condo at Glencairn and Marlee?

The project is being developed by Chestnut Hill Developments and Masseto Homes Inc. The building is being designed by Kirkor Architect + Planners and the application was submitted by Weston Consulting.

What Will the Condos at 831 Glencairn Look Like?

Early renderings depict an 11 storey mid-rise building, with commercial units on the main floor and residential units above. The commercial component of the building will face Marlee, with the residents accessing the entrance from Hillmount and Glencairn Ave.

The building will have a “set-back” design and with an angular plane from the neighbouring properties to the west. Each residential floor would contain between 8 – 33 units (with fewer units on higher floors). Renderings also show floor to ceiling windows, with balconies or terraces for most units! You can view more renderings below:

[Show as slideshow]

What is Currently on Site?

The future condo is being proposed on the commercial lands known as 831, 833, and 837 Glencairn Avenue and the residential addresses located at 278, 280 and 282 Hillmount Avenue.

What Type of Layouts Will 831 Glencairn Ave Have?

Plans are calling for a total of 224 units, with the following unit breakdown:

167 One Bedroom units
35 Two Bedroom units
12 Three Bedroom units

The proposal also states: the site would be served by 190 parking spaces, with 168 dedicated to long-term residential use and the remaining 22 for visitors. 185 of these spaces are to be housed in a two-level underground garage, with the remaining five to be located at grade. Bicycle parking would also be provided, with 179 spaces in the underground levels and 51 at grade.

What Amenities Will the Building Have?

Details are still sparse in terms of the exact amenities the building will have, but according to the proposal, they will be located on the 11th floor.

When Will 831 Glencairn Ave Be Built?

The development proposal was submitted on June 27th 2018. The project is still in its very early stages but is one we’ll be following closely… Check back often for updates!

Our Thoughts on the Project

This is the second midrise development proposal on Marlee, with the first, located on the opposite corner at 529-543 Marlee Ave. The proximity to Glencairn Subway Station makes this development very transit friendly. The area is ripe for development, but with many of the homes starting at $1.5 million and up, affordability is a big hurdle for most. A project like this is great for first time home buyers looking to live in the area. We also like the mix of 3 bedroom units, perfect for the older generation of residents looking to downsize!

Interested in Purchasing at 831 Glencairn Ave?

Fill out the form below to be kept in the know with prices, floorplans and launch dates:

May 12

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Loft Purchase

By Mark Savel Testimonials

Mark inspires a level of trust and confidence during one of life’s most challenging and risky moments, namely the purchase of a new home. Add to that risk the complexity of buying in Toronto’s market and the situation can lead to a roller coaster ride. Mark’s knowledge of Toronto’s market, his professionalism, calm and strong interpersonal skills are just what I needed in getting back into the market after 15 years. He understood my needs so well that I bought the first home he showed me after he steered me away from a lovely home with what proved a sketchy renovation that I had first seen on my own. My new home is utterly gorgeous and suits my lifestyle and creativity to a tee. It is a total pleasure working with a professional like Mark Savel and I will work with him again if I buy a third property.

– Cass

Apr 17

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What is a Status Certificate and WHY are they important to review before buying a condo?

By Mark Savel Advice For Buyers, Video Blog

One of the most important parts of the condo buying process, is reviewing the corporations Status Certificate!

What is A Status Certificate?

A status certificate is a collection of documents, issued by a condominiums property manager that contains info on:

Contact information – lists out the legal name of the Condo Corporation, Property Management, and Board of Directors.
Maintenance fee amount (Expenses) – both at time of issue and if there are any plans to increase in the near future.
Budget – what the building is spending its monthly maintenance fees on.
Reserve Fund – how much they have saved for the repair and replacement of components in a condo (ie. savings for roof repairs, parking garages, upgrades, etc)
Legal Proceedings/Claims – if any lawsuits are levied against the corporation, or if the corp has levied any against others.
Leasing of Units – how many units are currently tenanted in the building
Notices – announcements of maintenance fee increases, any planned repairs, or other factors that may impact maintenance fees
Bylaws and Rules – The bylaws and rules list what you can or can’t do in a building…Some buildings in the city have outright bans on pets or restrictions on certain breeds and weights.
Insurance Requirements – policies the corp has in place, and requirements for new purchasers to have.

How Order a Status Certificate

A seller can request a status certificate by contacting the buildings property manager. The management company will have 10 business days to prepare and can deliver it in either hard copy or in digital via email.

How Much is a Status Certificate

The certificate will cost $100 + HST and can be paid by either the buyer or seller, depending on how a deal is structured.

Why You Must Request a Status Certificate

Sellers – I often suggest ordering one before you even go to market with your property. As a seller, you have a duty and responsibility to disclose any and all details that could impact the sale of your condo. By ordering a status in advance, you’ll be made well aware any potential pitfalls and can disclose these issues to potential purchasers ahead of time to avoid any issues with closing.

Buyers – In a condo, values are closely tied to how well the building is run (second to location of course). If fees skyrocket, you may find that the buildings value will appreciate much slower (or actually depreciate) than a building with lower maintenance fees. A building with known problems can also have an impact on financing and insurance resulting in higher monthly costs – knowing this in advance can allow you to negotiate a better price, or walk away from the deal all together!

Who Reviews the Status Certificate

It is crucial, you take it to a Real Estate Lawyer who has experience in condo dealings. They are trained in knowing what to look for and the right questions to ask. DO NOT take it to general law firm, or rely solely on a realtors review of it!

How Long Do you Have to Review a Status Certificate

Most clauses generally allow 2-3 days for lawyer review. It’s a small window of time, so it’s best have a candid conversation with your lawyer in advance and tell them exactly how you plan on using the property.

A common misstep is with buyers who spends months out of country. If their plan is to rent it on AirBnB while away, it’s best to make sure there aren’t any rules or bylaws preventing you from doing so!

Remember, a Status Certificate is generally valid for only 90 days – so if a seller produces a Status dated older than 90 days, ensure you request a new one.

When Should You Walk Away From Purchasing a Condo

No matter how in love you’ve fallen with your new purchase – there are a number of reasons you may want to walk once the status certificate is reviewed:

If the corporation has a low reserve fund – with no plans of replenishing
Lawsuits that could result in a loss to the building
Indications of an increase to monthly fees or large repairs
Being blacklisted from lenders or insurance companies

Accompanying Documents That Also Come With a Status Certificate

Other important documents that accompany the status include:

The Declaration
Bylaws
Rules and Regulations,
Certificate of Insurance
Current Budget
Reserve Fund Study
Management Agreements
Financial Statements
New Owner Information
Move-in and Out forms
Other Building forms

Feb 23

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What Are they Building at 529-543 Marlee Ave? 819 Glencairn Ave.

By Mark Savel New Condo Developments

More changes are coming to Marlee Ave! An application has been submitted by KFA Architects and Planners on behalf of 809726 Ontario Ltd to build a 9 storey, residential condo on the corner of Marlee and Glencairn.

Where Will the Condo be Built?

The lot is located on the North East corner of Marlee and Glencairn. The application was submitted to re-develop the addresses known as 529, 537, 539, 541 and 543 Marlee Avenue as well as 811 and 813 Glencairn Ave. For application purposes, the building is referred to 819 Glencarin Ave – but that name may change as the approval process progresses.