Archive for the ‘landlord advocacy’ Category

The Landlord and Tenant Board Listened To The OLA To Help & Protect Good Landlords and Tenants

Friday, June 11th, 2021

The LTB Has Changed The Law To Ensure Fair LTB Hearings

Over recent months some individuals and some organized groups have attempted to disrupt Landlord and Tenant Board Hearings in an obtrusive manner.

This included recording Hearings, posting recordings online and harassing landlords and adjudicators.

Many small Ontario landlords who have had a Hearing have commented that these disruptions severely interfered with integrity and fairness of the LTB proceedings.

As important stake-holders we reached out to the LTB with a fair and strong message, as we have done for over a decade.

Our recommended changes have now been made into law!

It’s important to note that this amendment does not restrict or change the ability of members of the public to observe hearings. So it’s fair.

Observers are not permitted to disrupt the hearing in any way, and the LTB has the authority to issue directions or orders necessary to control the hearing process.

The OLA is happy our advice have been made into law and actions have been taken to protect both good landlords and good tenants.

It’s also stopped bad people from both sides from obstructing justice.

 

DATE:            June 8, 2021

TO:                 Ontario Landlord Association Stakeholders

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

RE:                 SPPA Amendments

The Landlord and Tenant Board (LTB) is committed to delivering administrative justice in a manner that is transparent, fair, independent, and accessible in accordance with the open court principle.

As you may know, there have been incidents of individuals and some organized groups recording LTB hearings without permission and posting the recordings on social media.

Effective June 3, 2021, a new section 29 has been added to the Statutory Powers Procedure Act making it an offence to record or publish a tribunal hearing unless an exception applies. Exceptions include unobtrusive recordings made by a party, representative or member of the media if authorized by the tribunal. The amendment was included in the Ontario government’s Supporting Recovery and Competitiveness Act, 2021.

This provision is similar to restrictions on recording court proceedings contained in the Courts of Justice Act. This amendment will help Tribunals Ontario ensure the integrity and fairness of its proceedings.

It’s important to note that this amendment does not restrict or change the ability of members of the public to observe hearings. LTB hearings are open to the public, unless an LTB adjudicator has determined that a specific hearing should be closed to the public in accordance with the LTB Rules of Procedure.  Observers are not permitted to disrupt the hearing in any way, and the LTB has the authority to issue directions or orders necessary to control the hearing process.

Sincerely,

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

Eviction Enforcement Resumes Across Ontario

Monday, March 8th, 2021

TO:                Ontario Landlord Association Stakeholders

FROM:          Karen Restoule, Associate Chair

                       Lynn Dicaire, Registrar

RE:                 Eviction Enforcement Resumes Across Ontario

Today, the Stay-At-Home order was lifted in Toronto, Peel and North Bay public health regions, meaning that the Court Enforcement Office (Sheriff) may now enforce Landlord and Tenant Board eviction orders everywhere in Ontario.

The government may make further changes to the list of public health unit regions subject to these restrictions in the weeks to come.

Please continue to refer to our website for operational updates. Thank you for your patience and cooperation.

Sincerely,

[original signed by]               [original signed by]                          

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

Updated Ontario Standard Lease Must Be Used For Tenancies Beginning March 1st

Friday, March 5th, 2021

Reminder to landlords in Ontario on March 1st, 2021 we must use the new version of the government lease 

Ontario landlords know that we need to use the Ontario Standard Form Of Lease. Previously, residential landlords were allowed to create their own leases customized for their tenants.

Fortunately, with the government lease landlords can still add important clauses to protect our rental properties.

What’s Different About The Updated Lease?

OLA members have been discussing this on our forum. Some of the changes include things like allowing for the use of electronic signatures and clarifying the penalties for not following the rules and for “bad faith” evictions.

Where Can I Download The New Updated Lease?

Please click this LINK to download the updated lease.

Where Can I Discuss The Updated Lease And How To Add Lease Clauses?

Join our busy Members forum to discuss this and all other questions you have.

The key to being a successful Ontario landlord to to be proactive and solve issues before they become larger problems.