内容

如此多的条条框框,谁还愿意在安省做房东?
With red taps one after another, who wants to be landlord in Ontario?





几年来,住房租金的总体增长使人们认为大多数房东的投资回报率(ROI)都很差。面对政府规定的租金年增长率,许多房东都希望将现有的租客赶走,以便以更公平、更高的市场决定的租金把居住单元租给新租客。

The overall increase in residential rental fees over the last few years created a perception of poor Return on investment (ROI) condition for most landlords. Faced with a very low allowable annual increase in rent for existing tenants, many landlords want to get rid of them and start with new tenants under an inflated rental fee more aligned with fair market value.


 
在地产市场火热的情况下,有些房东选择了将自己的出租房卖掉,彻底退出租房市场。有些则以重大装修或个人/家庭成员要住为借口收回出租单元。不幸的是,为了保护租客和确保租房市场上有足够的出租单位,2017年第124号法案(安省租赁公平法)要设法解决这些问题。
 
Some landlords had elected to leave the rental market and sell their property while the real estate market is hot. Others want to take back the property under the pretense of major renovations or personal/family members occupation.  Unfortunate for them, these two avenues are addressed by Bill 124 (Rental Fairness Act, Ontario) in 2017 and measures are in place to protect the tenants and the availability of rental units in the market.

根据旧法,如果房东想收回出租单元,让自己的家庭成员或其他人住,房东只要给房客一个终止租约的通知书即可。家庭成员包括房东,房东的配偶,房东的父母,房东的配偶的父母,房东的子女和配偶的子女。

Under the old Act, a landlord was allowed to give a termination notice if the landlord requires possession of the rental unit for the purpose of residential occupation by the landlord, a member of the landlord's family or other specified persons. Family member are defined as the landlord, the spouse, the parents, the spouse's parents, the children, and the spouse's children only.



在第124号条例修正案之后,如果房东收回出租单位用于自住或给其他家庭成员居住的话,这一收回单位不得在一年内招租。 同时,房东必须向租户支付相当于一个月租金的酬金,或给另一房客可以接受的单元。

After the Bill 124 amendments, any re-possession by the landlord must only be for residential occupation by himself or designated family members under the Act and for at least one year. A landlord who gives a termination notice above is required to compensate the tenant in an amount equal to one month's rent or to offer the tenant another unit acceptable to the tenant in lieu of the compensation.

如果为了出售而收回出租单位,房东要受到名为“Form N12”的文件严厉制约。在出售过程中,买方很可能希望卖方(房东)向租户发出终止租约的通知,以防止新法案所带来的麻烦。出租房的销售协议可能要求买方购买此物业是为了自住,或让自己子女、父母居住。

Re-possession for selling the unit is tightly controlled by a document named “Form N12”. The purchaser will likely want the seller (the landlord) to give notice of termination to a tenant on his behalf to avoid any responsibilities under the Act. The agreement of purchase and sale will probably have to identify and stipulate that the purchaser, in good faith, requires possession of the complex or the unit for residential occupation by the purchaser, his or her spouse, or a child or parent of one of them.
 


如果断定房东出售出租房的目的是为了驱逐租客,房屋和租户委员会则可以驳回房东收回出租房的申请(N12)。例如,将出租房转让给家庭成员或以低于市价出售出租房可能会让委员会生疑。

The Landlord and Tenants Board (LTB) may dismiss the application (N12) to re-possess the unit if it determines that the purchase is a pretense created for the purpose of evicting the tenant. For example, a transfer to a family member or a sale for much less than market value may raise questions.
 
如果打算拆除出租单位,并将出租单元改建成不用于出租的房产,房东可以终止租约。如果因申请了施工许可,房东对出租单元的维修、装修施工而无法住人时,房东可以终止租约。

A notice of termination can also be executed if the landlord intends to - demolish the rental unit, convert it to a purpose other than residential premises; or do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit.


 
最近,多伦多市中心的一个出租公寓对出租单元进行了翻新,但翻新后的新房东要求原租客必须以超过原租金的3倍搬回原来的出租单位。为此,新房东被告上法庭。结果新房东因恶意终止租约而被罚款75,000元。根据法律,房东每个单元罚款的最高限为25,000元,但新房东所收到的新租金在付完罚款后还有剩余。这个案子还没完,因为新房东没有“优先征求”那些因翻新而搬走的房客是否在装修完工后以旧租金搬回来,这可能会让新房东面对高达30万元的罚款。今年8月我们将知道判决的结果。

Recently, an apartment complex in downtown Toronto renovated the units but did not allow the tenants to move back into the rental units afterwards and at the same rental fees. The purchaser rented out the units at more than 3 times the original rents and were taken to court. They were penalize for $75,000 for terminating a tenancy in bad faith. This is the maximum fine of $25,000 per unit under the law and they are still getting ahead in the rental income after the penalties. They are not out of the woods yet since they did not offer the evicted tenants the “right of first refusal” or first chance at moving back into the units under the old rental rates. The potential fines are up to $300,000 when the court date comes up in August. 
 
看到房地出租如此复杂和令人头疼后,作为读者的您还会考虑投资物业出租吗?我已经下决心不再碰出租物业了。

After seeing the complications and headaches with property rentals, will you as a reader consider buying an investment property for rental? I have made up my mind to stay away from this kind of venture already.

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