Archive for the ‘evictions’ Category

Wednesday, September 1st, 2021

Tenants Speak Out & Share Their Concerns & Opinions on the Rental Industry

As part of our “Let’s Improve the Ontario Rental Industry” we have invited tenants to share their opinions on how we can make these improvements.

Most of us used to rent to and we have tried to become the landlords we always wanted to rent from but could never find.

These opinions are from individual contributors and are not the opinions of the Ontario Landlords Association.

We believe by fostering communication between landlords and tenants we can improve the Ontario rental industry in a win-win business relationship.

To contribute your experiences and advice please email us at:  tenantexperiences@groupmail.com (All contributions must be a minimum of 300 words and include your name, contact number, address, a copy of your lease, all which will all be kept private and destroyed upon confirmation.)

The post below has been recommended by the Tenant Community as extremely helpful and important information. 

By Working Together Tenants And Small Landlords Can Get A Better Understanding of the Issues And Improve The Ontario Rental Industry.

Let’s all face issues straight on and work to make the Ontario Rental Industry not only an example for Canada, but for the world!

 

How To Speed Up Getting Your Landlord & Tenant Board (LTB) Hearing

Thursday, July 1st, 2021

Covid hit the province of Ontario hard. This led to the closings of courts and tribunals in 2020 leading to a huge backlog in cases.

While the LTB has made some important changes to help landlords in the past year, we are still faced with these long delays in getting an LTB Hearing. Many small landlords have gone for months not receiving any rent while their non-paying tenants remain in the property.

Small landlords need quicker access to justice. Fortunately the LTB has listened to our members comments and has created a way for small landlords to shorten the time to get a Hearing.

Join our expert discussion on this and other important topics in our landlord forums.

 

TO:                 Ontario Landlord Association Stakeholders

FROM:           Karen Restoule, Associate Chair, Lynn Dicaire, Registrar

RE:                 New Guideline and Updated Form

As discussed during our stakeholder meetings over the past months, the Landlord and Tenant Board (LTB) created Interpretation Guideline 22 regarding Covid-19 Issues, and updated its Request to Extend or Shorten Time form and accompanying instructions.

Interpretation Guideline 22 – Covid-19 Issues

This is a temporary Guideline that addresses issues related to the COVID-19 pandemic and will be revoked on a date to be determined by the LTB.

Interpretation Guidelines are intended to assist parties in understanding the LTB’s usual interpretation of the law, to provide guidance to members and promote consistency in decision-making. However, a member is not required to follow a Guideline and may make a different decision depending on the facts of the case.

Interpretation Guideline 22, and all LTB guidelines, can be found on our Rules, Practice Direction, Guidelines webpage.

Request to Shorten Time 

The LTB’s Request to Extend or Shorten Time form and accompanying instructions have been updated to make clearer the criteria adjudicators consider when deciding these requests.

The Request to Extend or Shorten Time form and instructions can be found on our Forms webpage.

Thank you for your ongoing engagement with the LTB. These changes are a result of the many discussions that we have had with stakeholders about improving the user experience for LTB parties.

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

Ontario Landlord Eviction Orders Can Now Be Enforced

Wednesday, June 2nd, 2021

June 3, 2021

TO:                 Ontario Landlord Association Stakeholders

 FROM:           Karen Restoule, Associate Chair

                        Lynn Dicaire, Registrar

 RE:                 Eviction Enforcement Resumes on June 3

The provincial Stay-At-Home order was lifted on June 2, 2021, meaning that Court Enforcement Office (Sheriff) can enforce Landlord and Tenant Board eviction orders everywhere in Ontario.

Sincerely,

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

——————————————————————————————

The ban on residential eviction enforcement was not extended and has ended today.  Evictions have resumed and landlords can now get eviction orders enforced. Forum members can get more information here.

How To Speed Up Getting Your Eviction Enforced

Monday, May 17th, 2021

May 14, 2021

TO:                 Ontario Landlord Association Stakeholders

FROM:           Karen Restoule, Associate Chair, Lynn Dicaire, Registrar

RE:                 Expedited Enforcement of Eviction Orders

On May 13, 2021 the Government of Ontario announced that the stay-at-home order would be extended until June 2, 2021. Ontario Regulation 266/21 made under the Emergency Management and Civil Protection Act will also remain in effect during this time.

Ontario Regulation 266/21 states that the Court Enforcement Office (Sheriff) cannot enforce any Landlord and Tenant Board (LTB) eviction order unless the order asks the Sheriff to expedite the enforcement.  The Sheriff can resume enforcing all eviction orders after the Government of Ontario removes the regulation.

The LTB is continuing to hold hearings for all types of applications and issue orders, including orders for evictions. This will help ensure that tenants and landlords seeking resolution from the LTB are provided access to justice with minimal service delays.

The purpose of this memo is to provide information on when an eviction order issued by the LTB may include a request to the Sheriff to expedite enforcement.

Section 84 of the Residential Tenancies Act, 2006 (“RTA”) says that the LTB must include such a request to the Sheriff in the order where the tenant is being evicted for certain types of very serious conduct, and the adjudicator has not delayed the enforcement date pursuant to section 83(1)(b) of the RTA. The grounds for eviction in section 84 are:

  • Willfully damaging the rental unit
  • Using the unit in a way which is inconsistent with residential use and caused, or is likely to cause, significant damage
  • Committing an illegal act in the unit involving the production or trafficking of illegal drugs
  • Seriously impairing someone’s safety
  • Substantially interfering with the landlord’s reasonable enjoyment – in cases where the landlord and tenant live in the same building and the building has three or fewer residential units

If a landlord believes that an eviction order should include a request to the Sheriff to expedite enforcement, but the application is not based on any of the grounds contained in section 84 of the RTA, the landlord may raise this issue during the hearing. The adjudicator may consider whether the tenant is responsible for an urgent problem such as a serious and ongoing health or safety issue at the residential complex or a serious illegal act that occurred at the residential complex. The tenant will have the opportunity to make submissions on this issue if they are at the hearing.

If the hearing for the landlord’s eviction application has already been completed but the order has not been issued, the landlord may contact the LTB to ask the adjudicator who held the hearing to consider adding to the order a request to the Sheriff to expedite enforcement of eviction. Landlords can submit a request to expedite enforcement of the eviction by fax, mail or email. The tenant will have an opportunity to make submissions on this issue.

Eviction orders that have already been issued can only be changed if the order contains a serious error or a clerical mistake. If a landlord believes that an order contains a serious error, the landlord may file a request to review the order. If the landlord believes that the order contains a clerical mistake, the landlord may file a request to amend the order. More information on this process is available on the Application and Hearing Process page of our website.

We remain committed to updating you about operational planning and we are appreciative of your patience and cooperation as we continue to adjust our operations in response to the ongoing pandemic.

Sincerely,

Karen Restoule

Associate Chair

Lynn Dicaire

Registrar

The Landlord and Tenant Board (LTB) is working towards implementing Zoom’s videoconference platform to conduct proceedings

Sunday, March 7th, 2021

The Ontario Landlord and Tenant Board (LTB) is working hard to improve the process for small landlords to have access to justice.

The Ontario Landlords Association has explained to the LTB that most of our thousands of members across Ontario are familiar with Zoom for online meetings and not MS products.

We explained that instead of using Microsoft (MS) products, changing over to Zoom would create a space that most small landlords will be familiar with and be more confident using.

March 5, 2021

TO: Ontario Landlords Association Stakeholders

FROM: Karen Restoule, Associate Chair, Lynn Dicaire, Registrar

RE: Zoom Demonstration

The Landlord and Tenant Board (LTB) is working towards implementing Zoom’s videoconference platform to conduct proceedings.

Before implementation, we are engaging with stakeholders to obtain feedback to inform our plans to rollout the platform for all proceedings.

We are pleased to invite you to attend a Zoom demonstration session on one of the following days next week.

Please log into the session using the Zoom link provided next to each date.

Note that each session will be the same and you should only attend
one.

– Wednesday, March 10, 2021 from 5:00 p.m. to 6:30 p.m. Please log in using
this Zoom link: https://ca01web.zoom.us/j/64404762691

– Thursday, March 11, 2021 from 10:00 a.m. to 11:30 a.m. Please log in using
this Zoom link: https://ca01web.zoom.us/j/67414728067

The LTB values your experience and perspective and we welcome your input on our proposed changes to our processes. We are making this transition to better meet the needs of those who access our services. As we move forward, we will provide more updates in the coming weeks.

We hope you will participate in this session.

Sincerely,

Karen Restoule                         Lynn Dicaire
Associate Chair                         Registrar