Archive for the ‘breaking lease’ Category

Landlords Paying Tenants To Move Is Actually A Win For Landlords

Saturday, February 3rd, 2024

I want to begin by saying I have lived in my current apartment for almost 3 years and have never had any issues with my landlord who lives upstairs.

We have a lease which really is a business contract: how long I will stay, how much is the rent, etc.

And this works great….everything was disclosed and agreed to before I even moved in. Both sides just followed what the lease/business contract states.  It’s so simple!!!

Tenants Are Being Portrayed Unfairly

I’ve seen in the media and on social media that Tenants are being accused of demanding huge sums of money to agree to their landlord’s demand to move out.

Often the Tenants are portrayed as ‘greedy’ or partaking in some type of extortion.

This is not true and unfair!

What’s The Reality?

Let’s go over this to help educate the public.

Landlords Signed A Lease

Both sides agreed to the terms of the lease.

Moving is difficult, expensive and harms Tenants, our jobs, and our families

Vacancy rates are so low and it can be devastating having to move to a new home.  We signed a lease for the stability to put our kids in school, put them in clubs, being close to our work, and so many other reasons.

What Would Happen If Tenants Had To Break Our Lease?

There are many cases where the landlords say “no” and even sue us for breaking the lease!

Why Should Tenants Be Held Responsible For Their Landlord’s Lack Of Business Sense?

If you think you will sell the property why not give the Tenants a short term lease? Or leave the rental property empty until you are sure you know what you want to do?

Why sign long term leases and punish paying Tenants just because you didn’t plan carefully?

Are The So-called “Tenants Demand $100,000 Payments” Even True Or Just Another Hoax Spread By Some Landlords?

We’ve seen them make crazy lies and hoaxes in the past: from all the small landlords committing suicide because of the Landlord and Tenant Board giving Tenants some basic human rights and landlords not just being able to kick people out on a whim to staged protests for media attention to saying they would have huge lawsuits to destroy the LTB.  All baloney!

As one Tenant in the OLA Tenants forum wrote:

DO THE MEDIA EVEN HAVE PROOF TENANTS ARE WANTING $100,000 TO MOVE?

IS IT JUST ANOTHER LANDLORD HOAX???

WHEN MY PREVIOUS LANDLORD WANTED TO MOVE HE JUST GAVE ME 2 MONTHS TO FIND A NEW PLACE!

Tenants Who Agree To A Pay Out Are Actually Helping Their Landlords

We have a lease/contract!  Landlords should be thankful so many Tenants do end up moving even though it can devastate our lives!

How Ontario Tenants Can Break Your Lease in 2021

Monday, March 1st, 2021

Get Tenant Tips And Tricks From Experienced Tenants On How “Things Really Work” And How You Can Protect Yourself in 2021!

How Ontario Tenants Can Easily & Legally Break Your Lease In 2021!

Because of the hard work of Tenants we finally have some new changes that are fair and promote justice for Tenants.

All the law-abiding landlords out there will support this post because it’s just explaining the rules and laws to help tenants, just as landlords help each other.

Landlords Can’t Lock Tenants In To Fixed Term Leases

In April 2017 we saw the provincial government finally listen to our concerns and they created the Rental Fairness Act which makes changes to the Residential Tenancies Act.

Now landlords can’t collect arrears for rent due once Tenants receive a “Termination Notice”.

You can see in the Residential Tenancies Act, Section 37, that states that once the landlord gives the Tenant a notice of termination, the tenancy ends of that date of termination the landlord put in the notice.

With the Rental Fairness Act we finally get some real clear facts on once the Tenant gets the termination date, you break your lease:

134(1.1) No landlord shall, directly or indirectly, with respect to any rental unit, collect or require or attempt to collect or require from a former tenant of the rental unit any amount of money purporting to be rent in respect of,

(a) any period after the tenancy has terminated and the tenant has vacated the rental unit; or

(b) any period after the tenant’s interest in the tenancy has terminated and the tenant has vacated the rental unit. 2017, c. 13, s. 24 (2).

What Does This Mean For Tenants? It Means You Can Get Out of Fixed Term Leases

The best thing that all Ontario Tenants should know is this gives you an easy way to break your fixed term lease.

And landlords cannot go after you in small claims court or the Landlord and Tenant Board for breaking the lease, because it’s landlords who told YOU TO MOVE.

For example you might want to move because the landlord is a jerk, or the neighbours are noisy or smoking, or maybe you found a nicer or cheaper place.  You are no longer “locked in” like a slave.

How Can Tenants Break a Fixed Term Lease Under the New Rules?

Remember, if the landlord gives you a notice with a “termination date” of “do this or the tenancy ends” you can just….don’t do what they say…and break the lease! 

“Pay By This Date Or Move Out”…Ok, just move out and it’s terminated!

What’s the Best Way For Tenants To Break A Fixed Term Lease?

There are lots of ways now! Sure it’s a little bit sneaky but Tenants have to do what have to do to survive in this unfair situation.

(1) Don’t Pay Rent and Get the N4

Probably the best way to break the lease is just don’t pay rent. The landlord will give you an N4 ‘Pay Up or Be Evicted Notice’ with a termination date. The termination date will usually be 15 days after they give the notice. Since they are the ones who want to terminate the lease you just don’t pay and agree with them…and there is nothing the landlord can do! Again, here’s how it works.

Step 1 – Rent is Due

Step 2 – You Don’t Pay Rent

Step 3 – The landlord wants your money so will give you N4 Notice to End The Tenancy For Non-Payment of Rent

Step 4 – The N4 says: “Pay this amount by…. (This is called the termination date) or Move Out By the Termination Date

Step 5 – Just move out at the termination date and the lease is broken and you are home free!!

(2) Make Some Disturbances and Get the N5

Make lots of noise and the landlord will probably give you an N5 Notice to End Your Tenancy For Interfering With Others, Damage or Overcrowding. It will have a termination date and then you get out of it. I am giving you this notice because I want to end your tenancy. I want you to move out of your rental unit by the following termination date _____

Step 1:  Make Noise, Damages or Overcrowd the rental

Step 2: The Landlord Will Give You an N5

Step 3. The N5 Will Have A Termination Date

Step 4 On or Before the Termination Date……….just move out by the termination date and you are home free!!

Try not to bother other Tenants so much, but noise, smoking or these types of things will lead to an N5 and then you can leave free and in peace for a better, cheaper apartment.

Try to talk with other tenants so if you are making noise or going to smoke or flood the place, they can complain quickly to the landlord get get the N5 process going fast without really creating any trouble for your fellow Tenants.

Being Able To Break Fixed Term Leases Easily Is the First Step in Creating a Better Rental Industry – Especially When It’s The Landlord Telling You To “Obey or Get Out”…So Get Out!

Things are still really unfair. But I want to make sure Tenants are at least aware how the new rules make it okay to break fixed term leases. I’ll write more later on and hope other Tenants and fair-minded landlords can make positive contributions here.

It’s Time For Real Fairness For Ontario Tenants

Let’s work together and finally create a fair playing field for Ontario Tenants. I know many of you will be amazed at my first contribution and there will be many more to come because it’s time for FAIRNESS.

The Nov. 30/2020 Change To the RTA Is KEY! Tenants Can Demand “In Person” LTB Hearings! “Online Hearings” Are Unfair And Break Your Human Rights!

Wednesday, January 6th, 2021

Tenants Can Now LEGALLY DEMAND  Illegal “In Person” LTB Hearings To Avoid the Unfair, Unlawful, Illegitimate “On-Line Hearings!”

Protect Your Human Rights! Here Is How You Can Do It

Tenant heroes are fighting hard to physically stop evictions and have all the right intentions. The problem is this isn’t working and tenants need a new strategy.

Comrades from all over Ontario need to begin focusing on legal and political tactics to protect us from the evil forces that want to kill us all. We need to use legal loop-holes now and then focus on changing the government using the state (and the bureaucracy and the police) for our goals.

With the power of the state in our grasp we can use the state as our weapon, and not Ford’s weapon.

It may seem weird that the best advice for tenants is found on the biggest small landlords site. This is because they allow us to post without censorship.

The Ontario Landlord and Tenant Board is now having “Online Hearings”. These hearings are horrific and unfair and have made the Landlord and Tenant Board an “eviction factory”.

They also break the Ontario Human Rights Code For Landlords And Tenants.

Online Hearings Are Designed To Take Away Your Legal Rights And Evict You! This Isn’t The “Canadian Way” And It’s Illegal!

A recent story on CP24 news said that with the Landlord and Tenant Board “Online Hearings” tenants are show no mercy and act so fast to evict you they don’t even allow you to assert your human rights!

‘People are being shown no mercy,’ advocates warn in Ontario’s online-only tenancy hearings

According to the news experts stated: “It’s bad enough in normal times for people to lose their homes and to be treated unfairly an administrative proceeding. But it can be life or death in the kind of situation we’re in now,

The Online Hearings Are Not Fair and Not Right!

The experts continued: “the shift to an online-only hearing model has made it harder for tenants to present their circumstances or access legal advice, including through ACTO’s duty counsel program.”

Lawyers must now introduce themselves to tenants in the virtual session, in front of all other participants, and both need to exit the meeting to speak privately.

Tenant lawyers are entering “chaotic” hearing situations where they struggle to make themselves heard.

NDP Housing Critic Says Online Hearings Leading To Human Rights Violations And Must Stop!

Amazing NDP Housing Critic and Future Housing Minister Suze Morrison, who introduced the motion, said the online hearing format isn’t accessible for people with visual impairments or those who don’t have stable internet access, among other challenges. Evictions must stop because of this unfairness.

“I’m deeply concerned that there are human rights violations happening here,” Morrison said 

But it goes beyond mercy and goes to breaking the law!!

Let’s look at just a couple of the abuses here! Canada isn’t a “banana republic” but LTB “online hearings” are!

What’s Wrong With Online Hearings? Take A Look At This Corruption! With Online Hearings You Have No Rights. 

Look at this goofball destroying lives:

 

 

Tenants Can Demand “In Person” Hearings To Protect Your Human Rights (The LTB Doesn’t Want You To Know This!)

A very important change happened on November 30, 2020 that the Heroic Tenant Fighters have not been fully aware of and tenants don’t know about!

On November 30, 2020 the Ontario Landlord and Tenant Board (LTB)  said requests for in-person hearings would be considered on a case-by-case basis to ensure people are accommodated under the Human Rights Code. As of mid-December, Tribunals Ontario had not confirmed if any in-person hearings had been approved.

Let’s take a look at the new rules:

November 30, 2020

Updated Practice Direction on Hearing Formats

Effective November 30, 2020, Tribunals Ontario has an updated Practice Direction on Hearing Formats. The Practice Direction outlines Tribunals Ontario’s approach to determining the format of the hearing that will be held, and how a party can request a different hearing format.The updated Practice Direction is part of Tribunals Ontario’s digital transformation to enhance the quality of dispute resolution services while meeting the diverse needs of Ontarians. The digital-first approach will continue even when the pandemic is over.

“Our approach to digital first is to create more convenient, accessible and timely access to justice but it’s not digital only. We are ensuring people who need a different hearing format are supported when they need it.” said Sean Weir, Executive Chair at Tribunals Ontario.

Matters will be scheduled for video, telephone or written proceedings unless a different format is required as an accommodation for an Ontario Human Rights Code-related need, or unless a party can establish that the specified hearing format will result in an unfair hearing.

All Tribunals Ontario’s hearing centres are closed due to the COVID-19 pandemic.

Currently, a party can contact the tribunal to make a request for an in-person proceeding. The tribunal will determine whether the matter will proceed in a different hearing format or whether it will proceed as an in-person proceeding. Tribunals Ontario will schedule limited in-person events when we are able to do so safely.

When in-person proceedings are available, Tribunals Ontario’s hearing centres will adhere to strict health and safety measures to protect staff, adjudicators and Ontarians. More details about safety protocols at hearing centres will be provided later this winter.

Tribunals Ontario is committed to providing fair, effective and timely dispute resolution services to the people of Ontario.

Read more here.

 

 

Tenants Have Human Rights In Ontario, But You Must Demand Your Rights

Ontario landlords must obey the Ontario Human Rights Code For Landlords and Tenants

Tribunals Ontario is committed to providing fair, effective and timely dispute resolution services to the people of Ontario

Housing is a human right

International law says that people in Canada should be able to get good housing that they can afford. To help achieve this in Ontario, tenants and landlords (or housing providers) have rights and responsibilities under the Human Rights Code.

Under the Code, everyone has the right to equal treatment in housing without discrimination and harassment. As a landlord, you are responsible for making sure the housing you operate is free from discrimination and harassment.

People cannot be refused an apartment, bothered by a landlord or other tenants, or otherwise treated unfairly because of their:

  • race, colour or ethnic background
  • religious beliefs or practices
  • ancestry, including people of Aboriginal descent
  • place of origin
  • citizenship, including refugee status
  • sex (including pregnancy and gender identity)
  • family status
  • marital status, including people with a same-sex partner
  • disability
  • sexual orientation
  • age, including people who are 16 or 17 years old and no longer living with their parents
  • receipt of public assistance.

People are also protected if they face discrimination because of being a friend or relative of someone identified above.

Where do housing rights apply?

The right to equal treatment without discrimination applies when renting or buying a unit (for example, in a high rise apartment, condo, co-op or house). This right also applies to choosing or evicting tenants, occupancy rules and regulations, repairs, the use of related services and facilities, and the general enjoyment of the premises.

As a landlord or housing provider, you are one of the people responsible for making sure tenants’ human rights are respected. Government legislators, policy makers, planners and program designers, tribunals and courts must also make sure their activities, strategies and decisions address discrimination issues in housing.

Choosing tenants

The Code says what business practices are acceptable and what information you may ask for when choosing tenants:

  • Rental history, credit references and/or credit checks may be requested. A lack of rental or credit history should not be viewed negatively.
  • You can ask for income information, but you must also ask for and consider it together with any available information on rental history, credit references and credit checks (such as through Equifax Canada).
  • You can only consider income information on its own when no other information is made available.
  • You can only use income information to confirm the person has enough income to cover the rent. Unless you are providing subsidized housing, it is illegal to apply a rent-to-income ratio such as a 30% cut-off rule.

You can ask for a “guarantor” to sign the lease – but only if you have the same requirements for all tenants, not just for people identified by Code grounds, such as recent immigrants or people receiving social assistance.

Accommodating tenant needs

You have a legal duty to accommodate tenants (meet special needs they may have) if they have real needs, based on Code grounds. You must accommodate up to the point of undue hardship, based on cost, the availability of outside sources of funding, or health and safety concerns.

For example, for a tenant with a disability, you might need to make changes to a unit, a building entrance, sidewalks or parking areas.

Some tenants need changes to rules and practices to accommodate changing family situations or religious practices. Sometimes a tenant who is unwell or who disrupts others (either because of a disability or due to that person being the target of discrimination themselves) may need help. You should assess your role to see if there are things you can do as a landlord to help the situation.

You and your tenants share the responsibility for making the accommodation work. You must take an active role in the process and work with tenants in good faith to find the best solution. If your tenant provides you with medical or other personal information, you must keep it private.

Landlords must work with tenants to find and put in place the most appropriate accommodation as soon as possible. If this cannot be done without causing undue hardship, or if it will take a long time, you must provide interim or “next-best” accommodation.

Special programs and circumstances for housing

Under the Code, special programs are permitted to help a group of people who are disadvantaged based on Code grounds, as long as these programs meet the requirements the Code sets out. Examples would include setting up housing designed for older people, people with disabilities or university students with families.

When the Code does not apply

The Code does not apply in the case of a disagreement or “personality conflict” with a landlord or another tenant unrelated to a Code ground, or if a tenant shares a bathroom or kitchen with the owner or the owner’s family.

You can advance human rights in housing

Housing providers can take a number of steps to prevent discrimination and harassment and address human rights in rental housing by developing:

  • anti-discrimination and anti-harassment policies
  • plans for reviewing and removing barriers
  • procedures for responding to accommodation requests
  • procedures for resolving disputes quickly and effectively
  • education and training programs.

It is important to make sure that organizational rules, policies, procedures, decision-making processes and culture do not create barriers, and do not cause discrimination. Areas where barriers could exist include wait-list and eligibility criteria, and occupancy rules including guest policies and bedroom requirements,

Follow some key human rights principles:

  • design inclusively – which means thinking about people’s possible accommodation needs before you design your building, set up your rules, etc., so that your housing does not cause new barriers
  • identify and remove existing barriers
  • maximize integration – which means setting up housing and programs that are inclusive, where everybody can take part
  • look at the needs of individuals. and consider the best possible solution

 

How You Can Use The New Rules Made On Nov. 30, 2020 And Win!

Remember the Landlord and Tenant Board has clearly stated the following:

“Matters will be scheduled for video, telephone or written proceedings unless a different format is required as an accommodation for an Ontario Human Rights Code-related need, or unless a party can establish that the specified hearing format will result in an unfair hearing.”

This is the loop hole to protect you and your family!

Who Can Demand An “In Person Hearing” Based On Human Rights Rules For Landlords?

Let’s take a look at the rules again:

Accommodating tenant needs

Landlords have a legal duty to accommodate tenants (meet special needs they may have) if they have real needs, based on Code grounds. You must accommodate up to the point of undue hardship, based on cost, the availability of outside sources of funding, or health and safety concerns.

For example, for a tenant with a disability, you might need to make changes to a unit, a building entrance, sidewalks or parking areas.

Some tenants need changes to rules and practices to accommodate changing family situations or religious practices. Sometimes a tenant who is unwell or who disrupts others (either because of a disability or due to that person being the target of discrimination themselves) may need help. You should assess your role to see if there are things you can do as a landlord to help the situation.

You and your tenants share the responsibility for making the accommodation work. You must take an active role in the process and work with tenants in good faith to find the best solution. If your tenant provides you with medical or other personal information, you must keep it private.

Landlords must work with tenants to find and put in place the most appropriate accommodation as soon as possible. If this cannot be done without causing undue hardship, or if it will take a long time, you must provide interim or “next-best” accommodation.

Special programs and circumstances for housing

Under the Code, special programs are permitted to help a group of people who are disadvantaged based on Code grounds, as long as these programs meet the requirements the Code sets out. Examples would include setting up housing designed for older people, people with disabilities or university students with families.

 

Tenants Facing Eviction Need To Go On Offence And Demand “In Person” Landlord And Tenant Board Hearings Based On Your Human Rights!

-Landlords have a legal duty to accommodate tenants (meet special needs they may have) if they have real needs, based on Code grounds. You must accommodate up to the point of undue hardship, based on cost, the availability of outside sources of funding, or health and safety concerns.

-For example, for a tenant with a disability, you might need to make changes to a unit, a building entrance, sidewalks or parking areas.

-Some tenants need changes to rules and practices to accommodate changing family situations or religious practices.

-Sometimes a tenant who is unwell or who disrupts others (either because of a disability or due to that person being the target of discrimination themselves) may need help. You should assess your role to see if there are things you can do as a landlord to help the situation.

-You and your tenants share the responsibility for making the accommodation work. You must take an active role in the process and work with tenants in good faith to find the best solution. If your tenant provides you with medical or other personal information, you must keep it private.

-Landlords must work with tenants to find and put in place the most appropriate accommodation as soon as possible. If this cannot be done without causing undue hardship, or if it will take a long time, you must provide interim or “next-best” accommodation.

-Special programs and circumstances for housing

Under the Code, special programs are permitted to help a group of people who are disadvantaged based on Code grounds, as long as these programs meet the requirements the Code sets out. Examples would include setting up housing designed for older people, people with disabilities or university students with families.

Tenants Facing Eviction Can Go Offence And Demand “In Person” Landlord And Tenant Board Hearings.

While Online Hearings are unjust, In-Person Hearings are fair and you will have legal rights.

Online Hearings are a trap that will get you evicted and destroyed!

Also, In Person Hearings will be delayed for months so you don’t need to worry about being evicted like cattle being slaughtered to make hamburger.

Find part of the Ontario Human Rights Codes That Fits Your Situation and Demand A Formal, Real “In-Person” Hearing and Win!

File a Tenant Rights T2 Form against your landlord and explain you couldn’t pay rent (or didn’t pay rent) because your landlord broke the Ontario Human Rights Code!

The Human Rights Code won’t be legal if you share a bathroom/kitchen with your landlord or you are just having a “disagreement” with your landlord. So make sure to explain your situation is not just a “disagreement” but the landlord is breaking your Human Rights! This will mean you have the legal right to an “in person” hearing!

Remember, according the Human Rights Codes Landlords MUST ACCOMDATE TENANT NEEDS.

For Example:

1. Landlords have a legal duty to accommodate tenants (meet special needs they may have) if they have real needs, based on Code grounds. You must accommodate up to the point of undue hardship, based on cost, the availability of outside sources of funding, or health and safety concerns.

For example, if you are feeling sick or have an injury  you might need to make changes to a unit, a building entrance, sidewalks or parking areas.

IF THE LANDLORD DIDN’T MAKE THESE CHANGES THEY ARE BREAKING THE ONTARIO HUMAN RIGHTS CODE.

2. Some tenants need changes to rules and practices to accommodate changing family situations or religious practices. Sometimes a tenant who is unwell  may need help. 

SO IF YOU WERE SICK OR LOST YOUR JOB AND UNWELL YOUR LANDLORD NEEDS TO MAKE SURE THEY HELP YOU OR THEY ARE BREAKING THE HUMAN RIGHTS CODE.

3. Landlords and your tenants share the responsibility for making the accommodation work. Landlords must take an active role in the process and work with tenants in good faith to find the best solution.

YOUR LANDLORD MUST BE RESPONSIBLE FOR TRYING TO MAKE YOUR ACCOMMODATION WORK. THEY CAN’T JUST LEGALLY KICK YOU OUT WITHOUT DOING SO.

4. If your tenant provides you with medical or other personal information, you must keep it private.

YOUR LANDLORD MUST KEEP ALL YOUR PERSONAL INFORMATION PRIVATE. THEY CAN’T MAKE BILLBOARDS OR ‘BAD TENANT LISTS’ OR THEY WILL BE FINED

5. Landlords must work with tenants to find and put in place the most appropriate accommodation as soon as possible. If this cannot be done without causing undue hardship, or if it will take a long time, you must provide interim or “next-best” accommodation.

IF YOU HAVE A PROBLEM WITH YOUR RENTAL (FOR EXAMPLE IT’S TOO EXPENSIVE DURING THE PANDEMIC) YOUR LANDLORD MUST HAVE TRIED TO OVER YOU INTERIM ACCOMMOCATION.

There Is An Eviction Blitz And The Landlords Are Paper Tigers Who Are Getting Easy Evictions ONLY Because of Corrupt On-Line Hearings! Only A Corrupt Fascist Gov’t With Massive Foreign Funding Is Causing People To Be Evicted And Suffering!

Fight Back And Get Your In Person Hearing And Avoid Being Evicted Due To Banana-Republic Style Corruption And Political Manipulation

When ideology clashed with opportunism, Lenin invariably chose the tactical path above doctrinal purity https://www.historyextra.com/period/20th-century/vladimir-lenin-who-power-rise-how-russian-revolution/

Tenant Groups We Know The On-Line LTB Hearings Are Corrupt. Ford Won’t Fix Them! We Must Help Every Tenant Get An In-Person Hearing NOW! When We Control The State We Can Defund The Sheriff Instead Of Fighting On Their Fascist Terms! Do It!