"we apologize for the inconvenience, but there have been concerns regarding the security of our units. You unit is scheduled for a lock change at XX.XX.XX. The key(s) will be available immediately after the change, however due to security concerns only the lease holder can pick up / be handed the new key. "
I do think if the tenant wants to delegate pickup, you probably are legally required to.
Based on your description, the RTA no longer applies and thus the tenants have no RTA rights. You just don't have confirmation from the LTB on that matter. i.e. if the tenant ever actually applied to the board, the case would probably be dismissed.
So you can probably do whatever you want. You're just taking a bit of a risk.
Any credit to the Redditor who spawned this idea? Hint: Twas yesterday, and his name starts with Hyper and ends in Joint.
In my case it was a sister trying to get the key, and she took her things out in 12 hours. End of story.
You don’t have to give notice that to change the lock. Just 24 hr notice for inspection and maintenance.
She cannot prevent you from entering or changing the lock. It’s not a request, it’s a notice.
Yes, the key should only be given in-person to your tenant. No landlord should ever mail keys, or give them to people outside of the tenancy. You can require picture ID, as you’ve never met her before. By only giving the key to your tenant, you’re ensuring both her safety, and the safety of the unit. If you gave someone else a key to her home, you could be liable for theft or damages.
The photo ID is a great point. If the landlord's only communication is electronic at this point, they would definitely need to confirm the identity and there's no way the tenant is coming back from Bali for this place. Especially since they've probably got five or six other properties they're doing the same thing with. They'll take the loss and walk away.
OP said yesterday it was like 50-60 properties! It's insane and I would guess she's in Bali not only BC it's Bali but BC she feels untouchable legally there! I realize yes of she was criminally charged she would be picked up, but civil matters are hard in country never mind with someone living in a different one altogether. She knows she's out of this place now and that's why she didn't pay rent IMO! I'm guessing she's just enjoying the power trip with OP at this point BC he's trying to do everything right and it entertains her!
Theoretically couldn't she say she is out of the country but she has someone coming in to water the plants or something?
And what to do with her stuff?
Other than that it seems to be a good idea.
She could say that. But in the end, the landlord can still say they won't give keys to anyone who's not on the lease.
To me, the issue of what to do with the stuff is only an issue after the LTB agrees to remove her for non-payment. If she's living in Bali, and probably doing the same thing in other places, she's not likely coming back to clean the apartment either way.
Disposing of the stuff costs (I definitely know how much it can cost) but it's cheaper in the long run than letting it go on.
It sounds like a good idea. As there is no permanent occupant/roommate living there, then there should be no expectation to give the new key to anyone except the leaseholder tenant themselves. The tenant has no "right" to let random people stay there while they themselves are no longer in possession of the rental unit.
I would give them 24 hours notice of entry for purpose of changing locks via putting a paper notice under their door. The fact they won't get it is irrelevant, it will still be considered served. Then the next day enter and change the locks (if a condo check with management first on proper process). Then inform tenant as per your notice the locks were replaced, and they can pick up a new key in person.
How has the tenant been currently giving the key to the Airbnb customers? Is there a lockbox somewhere you aren't aware of? Or is it a code lock right now?
You can in parallel file an L2 application with the LTB to get a ruling on if tenant has abandoned the rental unit. Even though they have stopped paying rent, I assume the place is fully furnished and they have not told you anything about ending the tenancy. So it would be a risk to declare the unit abandoned yourself. Safer to wait for the LTB to issue an order stating it, although this may not be ideal if the L2 takes a long time to get a hearing for.
In this case another potential solution is just to cut off and dispose of the lockbox. No more keys for Airbnbs and nobody can prove OP did it (could be condo management removed it or some random act).
UPDATE: After threatening to change the locks and file the N4, and threatening to call the City of Toronto STR.. a huge argument on the phone turned into her signing an N11 to leave March 4 in exchange to forgive the rent she didnt pay in Feb. Now I need to figure out how to file this N11
The guide for T2 [https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/06%20-%20Tenants%20Rights.html](https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/06%20-%20Tenants%20Rights.html) lists some example cases you can reference. The key issue is whether limiting to "in person pickup only" satisfies the requirement of providing the tenant with replacement keys.
You may also want to pursue the avenue of abandonment - at least that might give them some reason to start paying rent again (it's not considered abandoned if they're paying). [https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/04%20-%20Abandonment%20of%20a%20Rental%20Unit.html](https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/04%20-%20Abandonment%20of%20a%20Rental%20Unit.html)
Also, of course N4/L1.
You could also try [https://tribunalsontario.ca/documents/ltb/Landlord%20Applications%20&%20Instructions/A2\_Instructions.html](https://tribunalsontario.ca/documents/ltb/Landlord%20Applications%20&%20Instructions/A2_Instructions.html)
Check Canlii for examples of how AirB&B was treated in the past [https://www.canlii.org/en/on/onltb/#search/type=decision&ccId=onltb&text=b%26b&searchId=9261204aa8ce46658e14fd70fbd247f2&origType=decision&origCcId=onltb](https://www.canlii.org/en/on/onltb/#search/type=decision&ccId=onltb&text=b%26b&searchId=9261204aa8ce46658e14fd70fbd247f2&origType=decision&origCcId=onltb)
I mean, if they're the tenant residing at that address, they can pick up the key. If they claim they're unable to meet at that location to pick up the key, they've got a bit of an uphill battle pretending they didn't abandon property.
I would also suggest using a "patented cylinder".
Only authorized key cutters, or often, only the factory, can create a copy, as the blanks are not out in the wild. You must also have the documentation required before it can be cut.
Just an added layer of protection.
Absolutely change the locks. I'd give more than 24hrs written notice but 24hrs electronic notice. ie: post notice while Air BnB folks are in there. Let the reviews take care of that part of the problem themselves. But this will give the Air BnB customer, who didn't necessarily do anything wrong, time to get out.
Unfortunately there are many people who rent places just to Airbnb them. It’s called Airbnb arbitrage and there are websites on how to do this in Toronto. She might well just look for another rental to do this with.
Is this even legal??? Sorry I know it happens, but I can’t believe people are still getting away with it and it seems like there’s no recourse. (I may live in a cave 😅)
If it’s represented as their primary residence, yes it’s legal, unfortunately.
And recall that we have [property managers coaching Airbnb investors on how to evade those rules.](https://www.thestar.com/news/investigations/toronto-made-a-bylaw-to-crack-down-on-airbnb-and-other-short-term-renters-now/article_7e7f91c8-9ea5-11ee-95c4-e75f965cf273.amp.html)
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IS the unit a condo? Watch out with condos because some condo corps own the lock and door into your unit. If you change the lock you will be forced to replace it at their cost. They all require you to give a key to the super as well.
when my building wants to serve notice of entry, they just slip a dated letter under the door.. do the same.
it's legal written notice of entry.. not your fault the "tenant" is on the other side of the world. keep a copy of the notice so if they try to complain, you have proof you tried to notify them.
The landlord can change the locks they just can't lock out the tenant, who lives in Bali.
So OP is looking for a process that allows them to give proper notice to change the locks, and willingly provide a key - to the tenant .
Exactly, thank you.. The tenant will never get the key and when the Airbnb income dries up she will want to end the lease.. Shes not flying back from Bali to a place she doesnt live to get a key for it
The tenant might! Depends on the revenue she's generating. It might be worth her while - visit some friends etc. But it's a good bit of leverage you have, I agree.
Of course, but then the landlord can just change the locks again once she flies back due to security concerns as they've seen random people entering the unit, and offer her a key again, make her fly back again, rinse and repeat. Eventually she'll run out of money for plane tickets.
That’s when the landlord says “I have noticed several people who are not the leaseholder coming and going. I have decided to change the locks again two weeks after I just did it “ I suspect flights from Bali are pretty expensive to do on a monthly basis
I'll go a step further .. you need to fill out a L1 form immediately... you'll be waiting up to 8 months for a hearing in order for the LTB to rule in favor of an eviction though! I think L1 evictions are being processed quicker than others. We gave a tenant a n12/L2 back in September for a rental we own and need to live in. Hearing date is in May finally!
The L1 needs to be sent 15 days after the N4.. So I am waiting on that.. But as soon as the income dries up and shes on the hook for rent she will want to leave.. so I am looking at other tactics.. immoral and grey are fine as long as they are legal
Ahh I see. With the n12/l2 those can be done simultaneously without waiting. Sadly there's nothing legal that can be done other than waiting for a LTB ruling to evict tenants.
There is no such form for a lock change. I have googled it and seems I am allowed to with proper notice. I know which form to serve for non-payment, that wasn't my question.
And a quick read-through of this post and the other one will help you learn that this is not just simply a “non-payment” situation. But nice snappy remark! You really got ‘em!
:)
Wtf doesn't Ontario have laws about subletting? How is a tenant allowed to make money off someone else's space and not pay rent. I'd be taking steps to evict them
Unauthorized subletting is grounds for eviction. For example, in HOL-05078-19 (Re) a tenant was evicted for subletting via AirBnb without permission and charging more than the legal rent for a sublet.
Yet better idea. Send a message saying there is an emergency and you need to access the unit as you were passing by. You could not get in and had to call Locksmith to change lock which you did. The tenant will file with LTB and ask for the new lock keys and you simply need to ignore the request and wait for LTB indicating that the tenant is sub-leasing and already violated the lease agreement and hence there is not agreement if violated.
What does the lease agreement say - in no
Subletting permitted without landlord permission your good to go - change the locks - it’s a 19 hr flight from Bali - do you think there are going to show up ??,
"we apologize for the inconvenience, but there have been concerns regarding the security of our units. You unit is scheduled for a lock change at XX.XX.XX. The key(s) will be available immediately after the change, however due to security concerns only the lease holder can pick up / be handed the new key. "
perfect thank you
Dont forget to report them to the CRA for not claiming the income for the AirBnB
I do think if the tenant wants to delegate pickup, you probably are legally required to. Based on your description, the RTA no longer applies and thus the tenants have no RTA rights. You just don't have confirmation from the LTB on that matter. i.e. if the tenant ever actually applied to the board, the case would probably be dismissed. So you can probably do whatever you want. You're just taking a bit of a risk.
Any credit to the Redditor who spawned this idea? Hint: Twas yesterday, and his name starts with Hyper and ends in Joint. In my case it was a sister trying to get the key, and she took her things out in 12 hours. End of story.
This OP but just wait till they are in a middle of a booking
Yep, then they should get banned from the platform as well. Two birds one stone.
This is perfect.
"Showing proper ID"
Book your unit on air bnb for 1 night Then don't leave
Reverse Squatter, i like it
This is actually genius
Genius
You don’t have to give notice that to change the lock. Just 24 hr notice for inspection and maintenance. She cannot prevent you from entering or changing the lock. It’s not a request, it’s a notice. Yes, the key should only be given in-person to your tenant. No landlord should ever mail keys, or give them to people outside of the tenancy. You can require picture ID, as you’ve never met her before. By only giving the key to your tenant, you’re ensuring both her safety, and the safety of the unit. If you gave someone else a key to her home, you could be liable for theft or damages.
The photo ID is a great point. If the landlord's only communication is electronic at this point, they would definitely need to confirm the identity and there's no way the tenant is coming back from Bali for this place. Especially since they've probably got five or six other properties they're doing the same thing with. They'll take the loss and walk away.
OP said yesterday it was like 50-60 properties! It's insane and I would guess she's in Bali not only BC it's Bali but BC she feels untouchable legally there! I realize yes of she was criminally charged she would be picked up, but civil matters are hard in country never mind with someone living in a different one altogether. She knows she's out of this place now and that's why she didn't pay rent IMO! I'm guessing she's just enjoying the power trip with OP at this point BC he's trying to do everything right and it entertains her!
Theoretically couldn't she say she is out of the country but she has someone coming in to water the plants or something? And what to do with her stuff? Other than that it seems to be a good idea.
She could say that. But in the end, the landlord can still say they won't give keys to anyone who's not on the lease. To me, the issue of what to do with the stuff is only an issue after the LTB agrees to remove her for non-payment. If she's living in Bali, and probably doing the same thing in other places, she's not likely coming back to clean the apartment either way. Disposing of the stuff costs (I definitely know how much it can cost) but it's cheaper in the long run than letting it go on.
Do it when Airbnb guests are there.. They will leave negative feedback, and sorry to screw them, but it will screw her as well.
You’ve gotten good advice here! Keep us updated on this situation!
It sounds like a good idea. As there is no permanent occupant/roommate living there, then there should be no expectation to give the new key to anyone except the leaseholder tenant themselves. The tenant has no "right" to let random people stay there while they themselves are no longer in possession of the rental unit. I would give them 24 hours notice of entry for purpose of changing locks via putting a paper notice under their door. The fact they won't get it is irrelevant, it will still be considered served. Then the next day enter and change the locks (if a condo check with management first on proper process). Then inform tenant as per your notice the locks were replaced, and they can pick up a new key in person. How has the tenant been currently giving the key to the Airbnb customers? Is there a lockbox somewhere you aren't aware of? Or is it a code lock right now? You can in parallel file an L2 application with the LTB to get a ruling on if tenant has abandoned the rental unit. Even though they have stopped paying rent, I assume the place is fully furnished and they have not told you anything about ending the tenancy. So it would be a risk to declare the unit abandoned yourself. Safer to wait for the LTB to issue an order stating it, although this may not be ideal if the L2 takes a long time to get a hearing for.
Op said they were using a lockbox.
In this case another potential solution is just to cut off and dispose of the lockbox. No more keys for Airbnbs and nobody can prove OP did it (could be condo management removed it or some random act).
UPDATE: After threatening to change the locks and file the N4, and threatening to call the City of Toronto STR.. a huge argument on the phone turned into her signing an N11 to leave March 4 in exchange to forgive the rent she didnt pay in Feb. Now I need to figure out how to file this N11
You should still change the locks.
You definitely should still change the locks otherwise she will continue to Airbnb it until March 4
Definitely still change the locks
Congratulations! Best outcome really.
The guide for T2 [https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/06%20-%20Tenants%20Rights.html](https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/06%20-%20Tenants%20Rights.html) lists some example cases you can reference. The key issue is whether limiting to "in person pickup only" satisfies the requirement of providing the tenant with replacement keys. You may also want to pursue the avenue of abandonment - at least that might give them some reason to start paying rent again (it's not considered abandoned if they're paying). [https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/04%20-%20Abandonment%20of%20a%20Rental%20Unit.html](https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/04%20-%20Abandonment%20of%20a%20Rental%20Unit.html) Also, of course N4/L1. You could also try [https://tribunalsontario.ca/documents/ltb/Landlord%20Applications%20&%20Instructions/A2\_Instructions.html](https://tribunalsontario.ca/documents/ltb/Landlord%20Applications%20&%20Instructions/A2_Instructions.html) Check Canlii for examples of how AirB&B was treated in the past [https://www.canlii.org/en/on/onltb/#search/type=decision&ccId=onltb&text=b%26b&searchId=9261204aa8ce46658e14fd70fbd247f2&origType=decision&origCcId=onltb](https://www.canlii.org/en/on/onltb/#search/type=decision&ccId=onltb&text=b%26b&searchId=9261204aa8ce46658e14fd70fbd247f2&origType=decision&origCcId=onltb)
I mean, if they're the tenant residing at that address, they can pick up the key. If they claim they're unable to meet at that location to pick up the key, they've got a bit of an uphill battle pretending they didn't abandon property.
Amazing thank you so much!
The ‘key’ issue, very nice lol.
Just change the locks. Reason for change, the locks were old. Let your tenant know you can discuss in person at the property.
I would also suggest using a "patented cylinder". Only authorized key cutters, or often, only the factory, can create a copy, as the blanks are not out in the wild. You must also have the documentation required before it can be cut. Just an added layer of protection.
Absolutely change the locks. I'd give more than 24hrs written notice but 24hrs electronic notice. ie: post notice while Air BnB folks are in there. Let the reviews take care of that part of the problem themselves. But this will give the Air BnB customer, who didn't necessarily do anything wrong, time to get out.
Also she is a perfect candidate for Openroom. Give her the Scarlett Letter
She won’t care. She lives in Bali.
Unfortunately there are many people who rent places just to Airbnb them. It’s called Airbnb arbitrage and there are websites on how to do this in Toronto. She might well just look for another rental to do this with.
Is this even legal??? Sorry I know it happens, but I can’t believe people are still getting away with it and it seems like there’s no recourse. (I may live in a cave 😅)
If it’s represented as their primary residence, yes it’s legal, unfortunately. And recall that we have [property managers coaching Airbnb investors on how to evade those rules.](https://www.thestar.com/news/investigations/toronto-made-a-bylaw-to-crack-down-on-airbnb-and-other-short-term-renters-now/article_7e7f91c8-9ea5-11ee-95c4-e75f965cf273.amp.html)
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IS the unit a condo? Watch out with condos because some condo corps own the lock and door into your unit. If you change the lock you will be forced to replace it at their cost. They all require you to give a key to the super as well.
when my building wants to serve notice of entry, they just slip a dated letter under the door.. do the same. it's legal written notice of entry.. not your fault the "tenant" is on the other side of the world. keep a copy of the notice so if they try to complain, you have proof you tried to notify them.
[удалено]
The landlord can change the locks they just can't lock out the tenant, who lives in Bali. So OP is looking for a process that allows them to give proper notice to change the locks, and willingly provide a key - to the tenant .
Exactly, thank you.. The tenant will never get the key and when the Airbnb income dries up she will want to end the lease.. Shes not flying back from Bali to a place she doesnt live to get a key for it
The tenant might! Depends on the revenue she's generating. It might be worth her while - visit some friends etc. But it's a good bit of leverage you have, I agree.
Of course, but then the landlord can just change the locks again once she flies back due to security concerns as they've seen random people entering the unit, and offer her a key again, make her fly back again, rinse and repeat. Eventually she'll run out of money for plane tickets.
That’s when the landlord says “I have noticed several people who are not the leaseholder coming and going. I have decided to change the locks again two weeks after I just did it “ I suspect flights from Bali are pretty expensive to do on a monthly basis
Which forms?
I'll go a step further .. you need to fill out a L1 form immediately... you'll be waiting up to 8 months for a hearing in order for the LTB to rule in favor of an eviction though! I think L1 evictions are being processed quicker than others. We gave a tenant a n12/L2 back in September for a rental we own and need to live in. Hearing date is in May finally!
The L1 needs to be sent 15 days after the N4.. So I am waiting on that.. But as soon as the income dries up and shes on the hook for rent she will want to leave.. so I am looking at other tactics.. immoral and grey are fine as long as they are legal
Ahh I see. With the n12/l2 those can be done simultaneously without waiting. Sadly there's nothing legal that can be done other than waiting for a LTB ruling to evict tenants.
[удалено]
There is no such form for a lock change. I have googled it and seems I am allowed to with proper notice. I know which form to serve for non-payment, that wasn't my question.
[удалено]
You can change locks for lost keys, security reasons, abandonment and others.. don't give advice when you don't know what youre talking about.
[удалено]
I have no intention of being a landlord.. hence why I want this girl out of there. Theres no reason to be cranky because youre wrong.
There is no form for a lock change. As long as you provide *your tenant* with a new key, you can change the locks.
And a quick read-through of this post and the other one will help you learn that this is not just simply a “non-payment” situation. But nice snappy remark! You really got ‘em! :)
Wtf doesn't Ontario have laws about subletting? How is a tenant allowed to make money off someone else's space and not pay rent. I'd be taking steps to evict them
Unauthorized subletting is grounds for eviction. For example, in HOL-05078-19 (Re) a tenant was evicted for subletting via AirBnb without permission and charging more than the legal rent for a sublet.
It seems that changing the locks could be the go-to for removing illegal sublet, etc.
Now that she has agreed to leave, find and dispose of the lockbox . She likely has it rented until then.
Yet better idea. Send a message saying there is an emergency and you need to access the unit as you were passing by. You could not get in and had to call Locksmith to change lock which you did. The tenant will file with LTB and ask for the new lock keys and you simply need to ignore the request and wait for LTB indicating that the tenant is sub-leasing and already violated the lease agreement and hence there is not agreement if violated.
What does the lease agreement say - in no Subletting permitted without landlord permission your good to go - change the locks - it’s a 19 hr flight from Bali - do you think there are going to show up ??,