Archive for the ‘Landlord and Tenant Board Appeal’ Category

Ontario Residential Evictions Will Not Be Enforced

Thursday, January 14th, 2021

Small Ontario landlords from all across the province were shocked when news broke that evictions would not be enforced during the latest emergency lock down.

After waiting for months and months, small landlords were happy to find the  Ontario Landlord and Tenant Board (LTB) finally re-opened and began having video hearings.

Not getting rent created severe financial challenges for thousands of small ‘mom and pop’ landlords all over Ontario.

You Waited For Months, Got The Legal Eviction (Because You Were Right) And Now Tenants Can Still Stay While Not Paying

Many small landlords have had to sell their rental properties or max out their credit cards just to stay solvent. Others trusted the system and held on and got their eviction order in the past couple of months.

Getting An Eviction Order From the LTB Is Step #1

When you get an eviction order and your tenants don’t move landlords must hire (and pay a lot of money to) the Sheriff aka “Court Enforcement Office”.

This is Step #2

The Sheriff has the right to remove tenants who don’t follow the eviction order. They “enforce” the order and make sure justice is served.

Step #2 Has Now Been Stopped In Most Cases

So you waited for months, finally got your LTB Hearing, you won and now you want to take your home back.

Not anymore. Enforcement is now cancelled in most cases (such as non-payment of rent).

These are challenging times and the LTB reached out to the Ontario Landlords Association to explain.

 

January 14, 2021

 TO:                 Ontario Landlords Association Stakeholders

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

 RE:                 Announcement on Temporary Pause Evictions

Today, the Ministry of Municipal Affairs and Housing announced a temporary residential evictions moratorium effective January 14, 2021 during the provincial declaration of emergency and while the stay-at-home-order is in force.

At this time, the Landlord and Tenant Board (LTB) will continue 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 LTB will continue to conduct hearings by videoconference, phone or in writing to protect the health and safety of Ontarians.

As set out in regulation, most eviction orders will not be enforced by the Court Enforcement Office (Sheriff’s Office) while in effect.

We continue to encourage landlords and tenants to work together to resolve their disputes during this challenging time.

The LTB is carefully monitoring the situation and operational changes, if any, will be posted to our website.

We are open to and welcome your feedback as we value your perspective on landlord and tenant matters. Thank you for your patience and cooperation.

We remain committed to providing fair, effective and timely access to justice.

Sincerely,

[original signed by]       [original signed by]

Karen Restoule

Associate Chair

Lynn Dicaire

Registrar

Experienced And Professional OLA Members Worry: How Long Will the Emergency Continue And Evictions Not Be Enforced?

We all hope the emergency lock down ends soon. But what if it doesn’t? That will mean small “mom and pop” landlords who provide high quality, affordable housing all over Ontario will suffer.

We are working class people who have invested to create the type of excellent and safe rental properties we always were looking for when we rented.

Allowing non-paying tenants to stay in our homes, or landlords who need to move back to their rental property home to frozen out will be a disaster.

Small landlords are not corporate landlords who have millions of dollars in their vaults and foreign investors to bankroll them.

We are people, who work, follow the system, and want to succeed.

We need to prepare now for an extended lock down to protect small landlords.

The Landlord And Tenant Board (LTB) Must Remain Open

Tuesday, December 1st, 2020

Small Landlords Have Waited Long Enough To Evict Non-Paying Tenants. Many LLs Not Been Paid Rent For Months

The Ontario NDP wants to shut down the Landlord and Tenant Board. You can read about it here.

The NDP claims there is a lot of ” growing, disturbing reports of systematic procedural unfairness” going on.

They want the Ontario Human Rights Commission to shut down Hearings:  “Board hearings should be postponed for tenants who are unable to participate fully in virtual hearings during the COVID-19 pandemic…”

Along with this there is lots of talk on social media and around the province that Ontario is going to a have a harsher lock-down soon due to the Covid-19 virus.

This lock-down will last for a long time and many services will be shut down in 2021. Even Prime Minister Trudeau is predicting a “Long, Dark Winter” where people will need to stay in our homes and there will measures more strict than ever before.

Tenant groups and others on social media (and leaks from those in the Ministry) are claiming a part of this will be another lock down of the courts.

And this lockdown will include the closing the Ontario Landlord and Tenant Board (LTB)

The Ontario Landlords Association And Our Members Demand The Landlord and Tenant Board (LTB) Remain Open!

Our members across the province cannot survive any more delays. We have mortgages, property taxes and maintenance repairs to be paid.

We understand the situation that some tenants may face in getting fair access to online hearings.

This is not our fault.  The fault is with those running Landlord and Tenant Board.

There are numerous mistakes which were made. Not the least of which was failing to hire more adjudicators last year to cut the incredibly long wait times for landlords to even get a Hearing date.

If there are real problems with the operation of the current Landlord and Tenant Board…fix it!

We call for an complete review of the Landlord and Tenant Board and all those involved running it. With the rental industry being so important we need professional staff and an efficient method of justice for both landlords and tenants. There needs to be changes and improvements.

Small “Mom and Pop” Landlords Cannot Survive Another LTB Lockdown!

The Ontario Landlords Association and our thousands of members all over Ontario continue to suffer not through not any fault of our own.

We need to have access to justice and want the Ministry to prepare to allow landlords access to justice even during a “long dark winter.” We need action now!

Keep The Landlord And Tenant Board Open So Small Landlords Can Get Access To Justice

Join The Huge and Powerful Tenant Rally At The Ministry of Housing March 12th! – Tenants Dare Speak Truth To Power!

Sunday, March 8th, 2020

March 12 is the Date For Change!

I am not a member of this group but I sure do admire them. These are hard working class people who are willing to sacrifice their time and money to fight for social justice.  Because I admire them so much I want to make sure all Tenants come and fight against rules that harm good working Tenants and support parasitic landlords who prey on us.

Join ACORN members and allies from across Ontario to demand real solutions to the housing crisis.

Rents are rising out of control – we need rent control on ALL buildings and protections on the rent between tenancies, so landlords can’t evict tenants then jack up the rent.

WHEN: Thursday, March 12, 2020 at 1 PM – 3 PM

WHERE: Ministry of Housing (777 Bay Street) in Toronto

ACORN members from Toronto, Hamilton, Ottawa, and Peel will be coming together to demand action. RSVP by contacting your local ACORN office.

East York “Represents” and Ready For War

We Are Preparing All Over Ontario!

Etobicoke Ready To Fight For Tenant Rights

What Are The Demands?

-No more rent increases for existing tenants. Ever!

-No rent increase between tenants moving. End the tenant holocaust of huge rent increases when tenants move out!

-Landlords must be licensed!

-We need criminal and credit checks on landlords to be mandatory!

-Landlords must have at least an accredited bachelor degree. We need a minimum educational background (Bachelors Degree) to become a landlord!

-Landlords must pass a criminal record check.  Are you a crook, no landlord license for you jail bird!

-Landlords must provide a credit and criminal check and proof of ownership to all tenant applicants who request it.

-Working with the Human Rights Commission all ‘refused applications” will require a Hearing if the declined Tenant applicant demands it.

-All landlords must put $5000.00 into a government fund so any tenant judgments will be paid from this fund immediately upon a judgement!

Tenants Are No Longer Weak And Disorganized

We Are ready to fight for our Human Rights

We Were Weak But Now We Are Strong!

Fix Toronto Community Housing NOW!

No help for my Autistic Kid, No Help With Housing, I will Fight!

We Need A New Ministry of Tenant Security NOW!

This needs to be a new branch of government.  It will be called the Ministry of Tenant Security.

This new branch of the provincial government will oversee all issues brought forth by Tenants.

Landlords cheating Tenants and Tenant Vs. Landlord Tribunals

This will include Tenant only tribunals to sue landlords for things such as poor maintenance, illegal entrance, rude and insulting behavior, proud behavior, looking down on Tenants.

It will also create a new police force that will help Tenants protect our rights and jail bad landlords who break the rule such as entering our homes without proper notice (one year in jail for a first time offense).

Join The Tenant Rally For Winning!

The usual landlord groups do nothing but kiss the asses of the landlords. Acorn and their allies like us are holding people accountable and we will do it!

The System Is Broken – Time for RADICAL ACTION TO MAKE POSITIVE CHANGES TO HELP TENANTS SURVIVE!

COME MARCH 12TH  TO THE MINISTRY AND DEMAND JUSTICE!

 

Always Rent “Inclusive” Of Utilities (Means Your Landlord Pays For The Utilities You Use, Not You)

Tuesday, March 3rd, 2020

With Rising Costs It’s Essential For Tenants To Make Sure Your Landlord Is Paying Your Bills, Not You!

Many tenants are dealing with harsh weather this winter.  Whether it’s rain, hale, or snow storms and freezing temperatures.

With the increased costs of heating your home it can take a huge bite out of your monthly budget.

While your landlord is soaking up the sun and enjoying the beach in Hawaii, Florida, Cuba or some other tropical paradise using your rent money, tenants are struggling to cover our rising costs!

Problems continue into the summer, where electrical costs for fans and air conditioners are rising fast.

Landlords can afford to get away from heatwaves by traveling to northern locations, while tenants have to sweat it out in our rental homes. And costs are going to rise dramatically according to CBC News!

Always Get Your Landlord To Pay Your Bills.

Many tenants are not aware that some landlords will rent out the property as “inclusive” of utilities. This means that you only pay the rent each month and the landlord pays for your heat, gas, electricity, etc.

Why Should You Make Your Landlord Pay Your Utility Bills?

There are two main reasons.

(1) It Gives You Stability With Your Expenses

Why should you demand this? Because energy costs are just going up, up, up. If you get an “inclusive” deal your expenses are stable because landlords can only increase the rent according to the government guideline.

(2) Once This Is The Lease The Landlord Can’t Change It

Landlords can’t demand you change the leases terms, so if you get an “inclusive” lease the landlord is powerless to change it.  So while his costs will go up, yours won’t (except for the small rent increase, which in 2020 is only 2.2% while energy costs might go up 10-20-30%!)

Offer Your Potential Landlord Higher Rent, But Make Sure It’s “Inclusive”

When you see this as we explained, it’s very important to make sure you find a rental where you are only responsible for paying the rent.

Many landlords are money-hungry monsters who view you not as a human being, but as a cash cow entering their slaughterhouse.

So use their greed against them!

Offer a bit more rent in exchange for an “inclusive” deal. You will end up the winner at the end, especially if you are going to stay in your rental home for a long time.

Getting An Inclusive Deal Can Lead You To Save Thousands of Dollars!

The media says many home-owners are struggling to pay their heating bills this winter. So think about how serious this if you are renting and on a budget. You need to make sure you get this deal to protect yourself and protect your financial future.

Let your wealthy landlord deal with rising energy costs (they are rich) instead of you (who is struggling to survive). Climate change is scary and your landlord needs to pay to prevent it.

Tips and Tricks To Get The Lease Deal You Need To Survive And Thrive!

Here are some tips if you are dealing with a landlord who wants YOU to pay (and face financial insecurity, and put all the risk on you!)

Some key phrases that greedy landlords who are used to bullying and exploiting tenants “like to hear.”

“I’m barely ever home so my utility costs will always be low.”

“It’s just me moving in, so one person can’t use much power.” (bring in other people after you get the key)

“I understand your concerns so will pay you more rent to make you safe. That’s fair for both sides”

“I am so busy at work, I don’t even cook at home. I order food.”

“I’m so busy with business travel I will barely even be here.”

“Because I want the place let’s raise your rent price by an extra $50/month so I can move in fast.” (Or offer $100 or more, it will still end up saving you money!)

Get The Lease Signed And Protect Yourself! You Win!!!

The landlord might be unhappy once you move in and the costs are higher than they expected.  But this is a business and landlords are getting rich off of your hard work and struggles.

If your landlord is unhappy then they should become better business people and not expect tenants to lay down and let them screw us without us fighting back!

Ontario Tenants Protect Yourselves By Making The Landlord Pay Your Bills!

By only paying “rent” you are protected by the Residential Tenancies Act and the Landlord and Tenant Board.

If you agree to pay for the power you use you are vulnerable and NOT PROTECTED!

An Ontario Landlord Story Part 4 “What About Rights For The Landlord?”

Thursday, July 25th, 2013

July 26th, 2013

Ontario Landlord Naive Landlord and tenant board

The Bureaucracy and Injustice for Small Landlords Keeps Getting Worse and Worse

As explained in Part 3, I did complain to the Vice Chair about the fact that apparently the adjudicator had amended the order in discussion with the tenants and in our absence

– the response I received avoided addressing this and instead apologized for the difficulties I experienced with scheduling our hearing. 

I also filed an appeal – which was, of course, scheduled for a Thursday – so much for the apology.

When I requested that this be rescheduled or postponed until the end of the semester so as not to inconvenience the more than 80 students I teach on Thursdays, the request was denied.

A second fax requesting that our issue then be heard during my break received no response at all, so I was again forced to inconvenience my students and risk my employment for this nonsense. 

And the adjudicator who heard the appeal insisted that I should have addressed the issue of his tenancy at the initial hearing (although how I could be expected to know it was an issue when it was not discussed, or mentioned during the adjudicator’s ruling is beyond me) and refused to amend the order, although she did acknowledge that he did, in fact, reside in the unit, contrary to his testimony. 

Because I had failed to get him to sign a rental agreement for the main unit, she stated that she would deem him an occupant rather than a tenant, in any case. Occupants get to live for free in Ontario, apparently… but then, so do tenants.

During the time following the hearing and until they moved on 15-Feb (without actually waiting for the Sheriff, who finally deigned to show up on the 26th) they continued to cause a great deal of damage to the property.

They also seriously slandered my husband – the only issue that the police actually supported us with, ordering that they cease and desist or risk being charged. 

And they also found a way to more than double the hydro bill, opening all the windows but maintaining the house at 85C or higher with electric heaters and fans plugged into every socket.

And of course, when they left, they made sure to lock us out, since we still did not have a key to the front door (and they nailed the others shut).

To Be Continued…