Realtor Education Seminar: Mortgages and Leases presented August 8, 2018 at RBC, Richmond Hill, Ontario, Canada by Landmark Law Professional Corporation
Contents of this presentation is for information purposes only and does not provide legal advice or create a lawyer-client relationship with the viewer.
1. Realtor Education Seminar:
Mortgages & Leases
Landmark Law Professional Corporation
Winnie J Luk, Founder & Principal Lawyer
Copyright 2018 Landmark Law Professional Corporation 陸韻玲律師行
Tel | SMS | 微信: (647) 797 8LAW (8529)
2. Disclaimer
The contents of this presentation is for
information purposes only and does not
provide legal advice or create a lawyer-client
relationship with the viewer.
Copyright 2018 Landmark Law Professional Corporation 陸韻玲律師行
Tel | SMS | 微信: (647) 797 8LAW (8529)
3. Overview
Mortgages
Updates re Leases/Tenancy Act
Ontario Standard Lease
Landlord Possession for Own Use
Rent Control
Legalization of Recreational Marijuana
Commercial Lease
Offer to Lease / Letter of Intent
Common Issues
Q & A
Lucky Draw
Copyright 2018 Landmark Law Professional Corporation 陸韻玲律師行
Tel | SMS | 微信: (647) 797 8LAW (8529)
4. Mortgages
Purchase
• Lawyer’s Request for Funds
• Registered Amount / Prime rate
Sale
• Lawyer’s Request for Discharge Statement
• Marital Property: Spousal Consent, ID verification (incl. POA)
• ILA from Spouse/Guarantor: seek independent lawyer to discuss transaction risks
(often required by lender)
• ILR for Private Mortgages and Separation Agreement (Spousal Buy-out)
• Second Mortgage: Borrower must check whether bank permits second mortgage
Copyright 2018 Landmark Law Professional Corporation 陸韻玲律師行
Tel | SMS | 微信: (647) 797 8LAW (8529)
5. Ontario Standard Lease
(April 30, 2018)
• Mandatory for residential leases
• Tenant can request it and receive it w/in 21 days or
• w/hold 1 mos rent or give 60 days notice to terminate lease
• reduce illegal terms in leases and misunderstandings
• reduce disputes and legal action
• Easy to read; guidebook in 21 languages
Copyright 2018 Landmark Law Professional Corporation 陸韻玲律師行 Tel | SMS | 微信: (647) 797 8LAW
(8529)
7. Landlord Termination for Own Use
(September 1, 2017)
1. Owner, parents, spouse, child (min occupancy 12 mos)
2. End of tenant’s term (N12 Form 60 days Notice)
3. Compensation: 1 month rent
• Solution: Tenant leaves voluntarily / find alternative unit
consented by Tenant / Settle
• bad faith w/in 1 yr (max penalty $25K) :
• advertising for rent/sale,
• enter into new lease w/someone else,
• demolishes/convert to non-rental
Copyright 2018 Landmark Law Professional Corporation 陸韻玲律師行
Tel | SMS | 微信: (647) 797 8LAW (8529)
8. Rent Control
(May 30, 2017)
https://www.ontario.ca/page/rent-increase-guideline
• Landlords cannot increase rent by more than amount
in Rent Increase Guideline (published every Aug)
[2019: 1.8%]
• Even if condo fees have gone up.
• If landlord is collecting more, s/he must refund the excess.
Copyright 2018 Landmark Law Professional Corporation 陸韻玲律師行
Tel | SMS | 微信: (647) 797 8LAW (8529)
9. Legalization of Recreational Marijuana
(Oct 17, 2018)
• Similar to smoking, Landlord may prohibit smoking
of tobacco and Marijuana within new leases.
• For existing leases, tenant’s can smoke Marijuana unless
the tenant agrees to sign an amendment or condo
corporation by-laws prohibit Marijuana
• Prohibition may be potential human rights violation
for those using medicinal marijuana
Copyright 2018 Landmark Law Professional Corporation 陸韻玲律師行
Tel | SMS | 微信: (647) 797 8LAW (8529)
10. Commercial Leases
• Offer to Lease / Letter of Intent
• Binding vs Non-binding
• BOMA standard for measuring floor area
• Landlord right to relocation
• Insurance and accounting issues
• Administration Fees (ie 15%)
• Reasonable landlord expenses
Copyright 2018 Landmark Law Professional Corporation 陸韻玲律師行
Tel | SMS | 微信: (647) 797 8LAW (8529)
11. Thank You!
RSVP: LandmarkLaw.Eventbrite.ca
Invite us to Speak at your Brokerage!
Landmark Law Professional Corporation
T | SMS | Whatsapp: 647 797 8LAW (8529)
93 Worthing Ave, Markham ON L3S 4J9
Winnie@landmarklaw.ca
Copyright 2018 Landmark Law Professional Corporation 陸韻玲律師行
Tel | SMS | 微信: (647) 797 8LAW (8529)
12. Disclaimer
The contents of this presentation is for
information purposes only and does not
provide legal advice or create a lawyer-client
relationship with the viewer.
Copyright 2018 Landmark Law Professional Corporation 陸韻玲律師行
Tel | SMS | 微信: (647) 797 8LAW (8529)
Editor's Notes
Our presentation is intermediate and assumes you have experience in closing purchase and sale transactions for residential transactions and provide high level overview of a variety of topics.
We will cover latest real estate updates re: NRST, 5.0.1. Land Transfer Tax Data Collection, and 7 year record keeping obligation
We will also cover updates in residential tenancies re: Ontario Standard Lease, Landlord Possession for Own Use, and Rent Control.
Next we will go over Frequently Asked Questions re: protecting parental gift of down payment to children, Holdbacks on seller’s proceeds, clarification to first-time home buyer rebate and purchase price HST, disclosure of latent (invisible) defects, suggested conditions, common problems/solutions, remedies
Then we will open the forum for Questions & Answers and conduct our famous lucky draw!I have also invited my former neighbor and our title insurance rep, Dexter Jao, from Titleplus to answer questions concerning coverage. In your handouts you will notice a business card for Step to Door. The owner, George Cheang, is a fellow grant recipient of Starter Company Plus program by Markham Small Business Centre. You may reach out to him after the seminar if you or your clients have questions on renovation needs.
So let’s start!