Archive for the ‘Landlord and tenant board hearing’ Category

NEW YEAR EMERGENCY FOR TENANTS – Don’t Go To The Corrupt LTB! You Don’t Have To Pay A Cent To Your LL! Just Move And Start Over With A New Landlord (And Don’t Pay!)

Saturday, January 2nd, 2021

Landlords can’t collect arrears for rent due or damages once Tenants receive a “Termination Notice” (N4) and move out!

“Pay this amount by…OR MOVE OUT BY THE TERMINATION DATE” (AND DON’T OWE A CENT!)

DO NOT GO TO THE LTB IN IT’S CURRENT FORM

The Ontario Landlord Tenant Board has become a crazy, illegal and an illegitimate “eviction machine.”

Tenants have no rights, laws and Tenant Rights are being trampled on! Even if you are right and should win, you will lose. It is not a lawful court, it’s a political fake court.

Tenant lawyers are avoiding this horrible abuse of justice and going to real courts with real judges.

The Ontario Human Commission is going to try to fine and put some of the LTB staff in jail in 2021!

Even Canada’s largest newspaper the Toronto Star is calling the Landlord and Tenant board unfair and not following the laws because Ford and the corporate landlords want tenants evicted fast!

You Can’t Win At The Corrupt Ontario Landlord And Tenant Board Even If You Are 100% Right And Your Landlord Is 100% Wrong!

Tenant heroes have revealed the truth. Unfortunately they have not realized they need to change their strategy as the LTB corruption has gone so far it’s now fascist!

Tenants simply have no rights and are being evicted illegally and ordered to pay ridiculous amounts of money when we are in the 2nd lock down and the economy has stopped!

Remember back then Ford said we don’t need to pay rent, but now there are illegal evictions happening under the cover of  the night like a 3rd world Banana republic or like Stalin and Hitler!

Here Is The Best Path For Tenants To Survive And Win – Avoid the Corrupt LTB!

Before Your LTB Hearing Make Sure You Move Out!  This Way You Can Avoid Paying All The Rent Owed And Start Again With A New Landlord!

An N4 Means You Can Legally Leave And Not Have To Pay Your Landlord Because Your Landlord Terminated The Lease/Contract!

1. If You Get The N4 And Want To Move Without Paying A Cent

We wrote about this before. See HERE. You just move and your landlord has to “eat all the costs”.

2. If You Got the N4 Months Ago And Have An LTB Hearing Date

This is a bit more complicated but easy to to. You just stay and don’t pay rent beyond the “termination date” and don’t pay rent for months.  Don’t contact you landlord at all and create fake “evidence” you did move out before the “termination date” in the N4.

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. So Tenants owe nothing because it’s the landlord cancelling the lease.

Previously there was confusion over tenants “leaving’ could somehow be liable for the remaining lease months or damages. We used to argue over this all the time at the old now defunct Federation of Metro Tenants Association forum.

THE RULES ARE CRYSTAL CLEAR!

With the Rental Fairness Act by former Premier Wynne we finally got 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 Your Lease Easily and Legally And Don’t Have To Pay If You Agree With Your Landlord’s N4 And Move Out!

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

“GREAT, I just made up evidence I moved out during the termination date and now the lease is frustrated and landlords can’t get a dime from me! I’ll just rent a new apartment and not pay again…I need to fight to survive!”

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 and is all over!

How Can I Do This? I’m Not An Expert?

It’s super easy.

Don’t Pay Rent and Get the N4

So you haven’t paid because you needed money to survive during the Covid pandemic? You didn’t pay because evil swine-pig Doug Ford said you don’t have to pay?

And your landlord gave you the N4….

You probably haven’t even got your LTB Hearing yet.

If you do, get a Hearing Date You Will Lose At the LTB, Get Evicted And Owe Your Landlords Lots of Money

1. …THE SOLUTION IS JUST MOVE BEFORE THE TERMINATION DATE

2. …MOVE OUT BEFORE YOUR HEARING…BUT YOU MUST CREATE HE SAID/SHE SAID EVIDENCE YOU MOVED OUT BEFORE THE N4 TERMINATION DATE!!

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  BEORE THE TERMINATION DATE

OR

BEFORE YOUR  LTB HEARING. (But you need to create evidence you moved out during the termination date (such as creating a new lease at another address)

Yes, this works and with the corrupt LTB it’s a way for Tenant Survivors to keep our money and find a new rental property with the money we saved not paying your former landlord!

Document Your Move Out And Contact A Legal Aid Clinic To Represent You…You Must Have A Voice At Your Hearing And Tenants Get Free Lawyers!

Many landlords will try to lie and say you are still there. So make sure you go to Legal Aid and tell them you have moved out so they will “represent you at the Hearing”.

The landlord will lie “they are still there”…but your Free Legal Aid Representative can show evidence you moved.

How Can I Provide Evidence I Moved?

-Take Pictures of the Unit Empty And Vacant

-Get A Witness Or Two To Sign The Pictures

-Send An Email or Text To Your Landlord (keep copies!) Telling Them You Have Moved As They Requested

-Ready Your New Lease For Your New Apartment To Prove You Moved

Tenants must be aware the Landlord and Tenant Board is no longer legitimate and must be avoided.

Make sure you:

-Create evidence you moved out by the termination date (even if you didn’t)

-Make sure you get legal aid help to freely represent you and provide this evidence to make sure even if you lived a year rent free you will own NOTHING!

The best way to go forward is to not pay rent, move out before your Hearing, and find a new rental.

And in this 2nd Stage of the Covid Lock Down you just find a new rental, pay “first and last” and don’t pay again! So you won’t have to pay for another 8-12 months then you can move again using the same “N4” strategy and get away with no consequences!

It’s called survival. Take Action To Protect Your Life And Your Family!

Vote NDP or Liberal because it was Premier Wynne who worked so hard to protect Tenants in 2017, not evil Ford.

Ontario Landlord Tenant Board Is Facing New Challenges And Needs Your Help

Friday, January 1st, 2021

Let’s Fix The Landlord and Tenant Board in 2021

Small Ontario landlords were happy when the Ontario Landlord and Tenant Board (LTB) finally re-opened and began having video hearings.

The LTB had been closed for months and this led to some tenants not paying rent. Not getting rent created severe financial challenges for thousands of small ‘mom and pop’ landlords all over Ontario.

A Disaster For Small Landlords

Some landlords even had to sell their rental properties because they needed rent in order to help cover their mortgages, property taxes, and increasingly expensive maintenance costs.

Many others had to max out their credit cards, get loans and borrow money just to keep from going bankrupt. They are now worried about getting the needed income to pay for these huge debts.

For many small landlords the LTB shut down was a nightmare.

When the LTB finally re-opened small landlords felt better and began to trust the system to help them. However, there was great frustration within our community over the long wait times to get a hearing date.

Finally, over the past couple of months the LTB has started to operate efficiently to clear the incredibly long backlog of cases.

Small landlords, at last, began to see the light at the end of the dark, long tunnel.

Tenant Groups: The Landlord and Tenant Board Is In a “Crisis”

Now that hearings have started many tenant groups are unhappy and want to shut down the LTB.

They say there is a crisis at the Landlord and Tenant Board.

They claim that the online hearings are unfair to tenants who have not been treated with respect. In addition, they say some LTB adjudicators are not acting professionally and denying tenants their legal rights.

This led the NDP to call for a shut down of the LTB

The NDP wants to shut down the LTB and ban evictions.

All tenants get free legal help (no matter their income) and the legal clinics have reached out to the Human Rights Commission to halt Hearings and re-examine LTB decisions over the past few months.

Ontario Small Landlords Need The LTB To Remain Open…We Also Want Fairness for Both Good Landlords And Good Tenants

Most small ‘mom and pop’ landlords are good, working class people who want to create high quality, affordable housing. We want to take care of our tenants and our rentals and hope it can help provide a little bit of cash flow and help us during our retirement.

We used to rent ourselves and have relatives and friends who rent now. We have nothing against good tenants and just want a fair, efficient system to help both good landlords and good tenants.

These are challenging times and the LTB reached out to the Ontario Landlords Association to ask for our members help.

This was sent to us by the leadership of the Ontario Landlord and Tenant Board:

December 22, 2020

TO:                 Ontario Landlords Association Stakeholders

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

RE:                 Year-end Message from the LTB Associate Chair and Registrar

It has been a hard year for so many of us, and for so many reasons.

As a result of COVID-19, LTB operations have transformed at unprecedented speed and scale. Our service counters remain closed and hearings continue to be conducted by videoconference, teleconference, and through written submissions.

The LTB has been working continuously to offer quality dispute resolution for the thousands of people across the province who rely on us while prioritizing the health and safety of all.

During this change, we would like to express our appreciation for you, our stakeholders, for your patience, cooperation, and shared commitment to fair and timely dispute resolution.

In July, as a result of amendments to the Residential Tenancies Act, 2006 (RTA) the LTB proposed changes to its Rules, guidelines, and forms and opened the door to public and stakeholder input. In August and September, we met virtually with more than 15 stakeholder groups and received more than 40 written submissions. Since then, we have met virtually with more than 18 stakeholder groups.

Your willingness to engage openly and honestly with the LTB has been important to our process. Not only did we receive helpful feedback on the proposed changes to our materials and procedures as a result of Bill 184, but you also raised concerns and offered advice related to topics like virtual hearings, electronic filing, and the use of alternative dispute resolution.

The LTB is committed to open and ongoing stakeholder engagement. We value your experience and perspective on landlord and tenant matters.

In January, we will organize another round of engagement meetings with stakeholders. These meetings will complement a call for written feedback on proposed changes to guidelines and forms for upcoming RTA changes related to Bill 184. We welcome your input on our proposed changes to our processes and procedures. We hope you will participate.

Before we close, we’d like to take this opportunity to share a few operational updates.

We will continue to hear tenant applications and urgent matters from December 22 to January 4. In early January, the LTB will add landlord-seized and adjourned matters to the schedule, and landlord and tenant case management hearings will resume. Hearings for all application types will resume on January 18, 2021.

Finally, as we continue to work to address the large volume of pending applications and requests, we continue to ask for your patience.

Applicants will continue to experience delays. At this time, the LTB is shifting its operational staff to respond to priority areas and cannot provide accurate application processing and customer service response times. Once an application is processed, a letter will be sent to the applicant providing their file number so they can Check File Status on our website for their hearing date once it has been scheduled.

To stay up-to-date on other developments at the LTB, we encourage you to visit our website regularly and subscribe to our Latest News.

Thank you again for your continued engagement with the LTB. This meaningful dialogue provides the LTB with a deeper understanding of the challenges faced by our users and helps us to identify opportunities to improve everyone’s experience with the board.

On behalf of all LTB staff and adjudicators, please accept our warmest wishes for a safe holiday and Happy New Year. We look forward to connecting with you in 2021.

Warmly,

[original signed by]       [original signed by]

Karen Restoule

Associate Chair

Lynn Dicaire

Registrar

 

Let’s Fix The LTB in 2021

We appreciate the LTB reaching out to us once again.

Many don’t realize the OLA stopped a lot of extremely anti-small landlord measures in the past by being in regular contact with former Premier Kathleen Wynne (also when she was Housing Minister) and explaining our positions.

For example, “Own Use Evictions” still exist…when it almost didn’t thanks to the efforts of many of our senior OLA members.

Small Ontario landlords need the LTB to remain open to evict those who haven’t pay rent for months and leading to ridiculously unfair hardship on us.

We also understand the tenant groups frustration with some adjudicators not being fair. The LTB is a “court” and we need to make sure that the LTB treats both landlords and tenants with respect and the ability to make our cases.

Small Ontario Landlords Can Provide Solutions

Make sure you contact us with your ideas, concerns and hopes to fix the LTB and protect good landlords and good tenants (and making sure the bad apples are treated accordingly.)

There are too many “one person” shows now and we need to all come together and be united. Together we are strong.

Contact Us – Make Sure Your Voice Is Heard LOUD AND CLEAR:

Please send us your thought and ideas.

What happens in the next 30 days will have a major impact on the Ontario private rental industry for years to come.

Play a role and get your voice heard!

Email: landlordvoices2021@activist.com

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

LTB Will Speed Up Hearing Dates

Tuesday, November 3rd, 2020

We Are Keeping The Pressure On To Create More Fairness For Ontario Landlords 

Ontario Landlords Association members have made sure the message of small landlords across Ontario have been heard by the Ford government

Our members have been working tirelessly to reach out not only to MPPs but also to Mayors, council members, and other industry leaders in every corner of the province for months.

This is how you lobby and make real change in a democracy (not PR tricks like protests at city hall, or promoting shady companies to make a bit of money)

Many of our members are also Realtors and we advised them to reach out to the Ontario Real Estate Association (OREA) to join us for help and they did.

The OREA CEO is Tim Hudak.

Tim is a friend of small business and that includes small landlords. Way back in 2011 Tim and his Progressive Conservatives worked with the Ontario Landlords Association to propose a new law in Parliament to allow landlords to charge a “damage deposit.”

The PC’s voted to allow small landlords to charge a 2 week “damage deposit” in addition to “first and last.” This was shocking at the time as the idea the Ontario Landlords Association presented (damage deposits) was considering radical at the time.

A damage deposit equivalent to 2 weeks of rent would be a good first step and would make sure tenants:

-Made sure all garbage was removed

-Made sure the fridge was cleaned of all left over food

-Made sure the carpets were steam cleaned and smell removed

-Made sure tenants would clean up while the landlord did showings to new potential tenants

Sadly the Bill Was Defeated (The Liberals and the NDP voted against it).

Ontario Real Estate Association Demands Quicker Hearings For Landlords

Just a few days ago Tim Hudak (who is the best premier we never had) wrote a letter to the Ministry based on the concerns of his membership (many who are also part of our membership).

You can read Tim’s letter here.

Tim’s letter, along with our lobbying worked!

The Ministry finally realizes our concerns and is doing something about it to help small landlords!

Join Thousands of Other OLA Members Working Hard To Protect Landlords And Get Our Concerns Heard

Attention Tenants: Canada Recovery Benefit (CRB) Is NOT FOR PAYING RENT (legally you don’t have to use it to pay rent!)

Thursday, October 22nd, 2020

Don’t Be Tricked! Don’t Be Bullied! The CRB Is For Helping You Survive! LTB Adjudicators Will Understand & Agree Not Using It To Pay Rent (and won’t evict you!)

The CRB programme was created to help workers who continue to need support for our families. This means these emergency funds given are to make sure you have enough to eat, the cloth your family in harsh winter conditions, to buy medicine, and for other daily necessities.

It is NOT for paying rent.

It was not designed to go to tenants and then transferred to landlords (who have their own programs to get rent) during these frightening times! If you do not pay rent you can explain to this to a judge or LTB adjudicator and you will not be evicted!

Canada Recovery Benefit (CRB)

While many Canadians have seen their jobs come back and have returned to work since the start of the pandemic, the Government of Canada recognizes that there remain other workers in sectors that have been particularly hit hard who continue to need support.

That is why, today, the Deputy Prime Minister and Finance Minister, Chrystia Freeland, and the Minister of Employment, Workforce Development and Disability Inclusion, Carla Qualtrough, announced the introduction of Bill C-2, to create three new temporary Recovery Benefits to support Canadians who are unable to work for reasons related to COVID-19. These new Benefits are being proposed as part of the Government of Canada’s plan to support Canadians as we work to build back a stronger, more resilient economy. Since the introduction of the Canada Emergency Response Benefit (CERB) in the early days of the pandemic, at a time when we asked Canadians to stay home, close to 9 million Canadians have received the Benefit to help to pay their bills and support their families.

The Canada Recovery Benefit (CRB) gives income support to employed and self-employed individuals who are directly affected by COVID-19 and are not entitled to Employment Insurance (EI) benefits. The CRB is administered by the Canada Revenue Agency (CRA).

If you are eligible for the CRB, you can receive $1,000 ($900 after taxes withheld) for a 2-week period.

If your situation continues past 2 weeks, you will need to apply again. You may apply up to a total of 13 eligibility periods (26 weeks) between September 27, 2020 and September 25, 2021.

https://www.canada.ca/en/revenue-agency/services/benefits/recovery-benefit.html

My Landlord Is A Bully! If She Tries To Evict Me What Can I Do?

“Pay now or I will evict you! I have payments for my BMWs to make!”

Many (not all) landlords are bullies who don’t even know the law.

Don’t worry at all.

1. The Process Will Take Over a Year To Get  Hearing HAHAHAHA

First of all, it your landlord will have to serve you an N4 (pay rent) which is just a request for the money. Then if you ignore if they have to get a “hearing” date at the LTB which will take at least a year.

2. At The Hearing You Can Easily Explain Why You Didn’t Pay Rent

In Ontario housing is a “human right” and not just a business transaction. This is why the Ontario Landlord and Tenant Board is part of the Social Justice tribunal system. Most landlords don’t even know this!

At the Hearing you will get free legal aid to help you. Yes, all tenants no matter what your income.

Then you just explain why you needed CRB and what your struggles are. Make sure to be very dramatic and perhaps even cry and wear old clothes at your Hearing to make sure the message gets across to the Adjudicator.

If you do this YOU WILL NOT BE EVICTED!

At most you will be given a looooonnnnnggggg term payment plan, but you won’t be evicted! You might have to pay an extra $10/month once the pandemic is over LOL!

Yes, the Ford government is tenant-friendly! They don’t want the media to report on “mass evictions” so they put the burn on landlords which is rad!

Make sure you text or email your landlord about your problems and ask them to understand your situation. An email like this:

“Dear ____, During these difficult times I’m unable to pay rent due to. __ and ___ and ___. Please understand my situation as I want to pay but simply cannot due to this horrible pandemic. I am open to communication with and ask you to respect the extremely difficult times I face. I will pay you in full as soon as I can, but now I must protect my life and the lives of my family!”

***MAKE SURE YOU DOCUMENT EVERYTHING, EXPECIALLY YOUR EMAILS/TEXTS TO YOUR LANDLORD (WITH DATES!) AS EVIDENCE

Landlords want your money for their new cars and vacations!

3. What If My Landlord Offered Me A Payment Plan?

You can choose to agree, but it’s best to disagree. Just make sure you have a record of why you disagreed.

(For example “I need money for my baby!” or “I want to make a payment plan but am worried about being able to pay food and can’t find work, please understand my situation!”)

4. What If My Landlord Harasses Me Or Locks Me Out?

Call the police.

This is a landlord tenant matter and the landlord MUST LET YOU IN!

Tenants Are More Powerful Than We Think!

In Ontario there are strong laws to protect tenants. But most tenants are not aware of our legal rights and don’t fight our landlords!

Many tenants don’t even go to their Landlord and Tenant Board Hearing, which means the landlord wins “automatically” when if you just show up, get free legal aid, you will !

If You Show Up And Fight Back You Will Win!

SO SHOW UP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Tenants all over, in this global pandemic make sure you enforce your LEGAL RIGHTS.

Most landlord victories at the LTB are because tenants didn’t show up!

Don’t feel afraid, feel ENERGIZED! Feel Proud! You Have Rights And Your Future Is Looking Good! You Will Win If:

– You Fight Back.

-You Get Free Legal Help.

-You Show Up For Your Hearing.(!)

-You Don’t Be Bullied

-You Don’t Be Demotivated.

And you will Win…Yes you will! Love yourself and fight hard with fellow tenants across Ontario!

IT’S YOUR RIGHT TO NOT PAY RENT DURING A PANDEMIC!

REMEMBER TO GET FREE LEGAL HELP AND THEY WILL FIGHT BACK FOR YOU!!!

TENANTS FREE LEGAL HELP!

USE IT TO DEFEAT YOUR LANDLORD AND PROTECT YOUR TENANT RIGHTS!