Archive for the ‘Landlord forums’ Category

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

Part 1: Top Secrets To Avoid Being Evicted At The Ontario Landlord And Tenant Board

Monday, November 16th, 2020

Take Action And Avoid Being Evicted In A Global Pandemic PART 1

Landlords are boasting and cocky like never before.  They are now getting Landlord and Tenant Board (LTB) Hearing dates and evicting Tenants who rightfully didn’t pay rent during the beginning of the Covid-19 health catastrophe! Tenants are losing our homes every day!

They even changed the rules to make faster MASS EVICTIONS

Despite Premier Ford’s statement that tenants who didn’t pay rent during the pandemic would be protected, the LTB is evicting tenants by the thousands now.

Ford is the ultimate traitor and a puppet of the landlords. His lack of a strong moral code and his deception are putting our children at risk.

“Daddy I’m so cold and feel sick being homeless.”

GET READY FOR MASS EVICTIONS IN WINTER!

The landlords and their lobbyists the Ontario Landlords Association ,the Ontario Real Estate Association and the corporate Chinese Communist Party (CCP) controlled landlord groups control the Ford government. It’s called “pay to play.”

This has led to even more anti-tenant rules in the Residential Tenancies Act

These new rules are harsh and destroy almost all rights hard working tenants have fought for over the past 40 years!

Ford made these changes which don’t allow tenants to re-schedule Hearings if we are sick or busy finding a job and will lead to hundreds of thousands of people homeless and on the street!

Why Are They Doing This? When You Move Landlords Can Raise The Rent As Much As They Want! 

This is their goal because when tenants move out, landlords can raise the rent by hundreds and even thousands of dollars for new tenants. There is no rent control for new tenants!

“Why was my family evicted in the cold of winter during a lock down? I’m so sad!”

“I thought Canada as a good place? My family is suffering, I hate to see Mummy crying all the time and I’m hungry!!!”

They Want You And Your Family Homeless!

They don’t just want to evict you, they want you homeless and want you to suffer. They hope you have toddlers who will living in a super cold Canadian winter where they might not survive. Landlords view you as cannon fodder, as less than human!

Because how dare you not pay rent…when the Premier said you didn’t have to. Canada is a corrupt nation.

This is an attack on Tenants like we have never seen before!

Who is Doug Ford, Really?

“March 2020: Tenants don’t have to pay rent during the Pandemic”

“Nov 2020: I Fooled You ALL With My Warm Uncle Act! LOL! Mass Evictions on the way and renters should get out! Landlords need you evicted to raise rents HAHAHA”

It’s a lie that will lead to mass evictions and massive homelessness. The reality is Canadian politicians lie all the time and cannot be trusted.

 

You Need To Win At The Landlord And Tenant Board To Survive!

Evictions are  happening and thousands of tenants per day are being evicted and kicked to the streets to die!

“I need money for more Botox treatments and my Ferrari needs snow tires! Tenants get out so I can raise the rent by $500/month!!”

Small Landlords Show Their True Evil Face, They Are Not Nice

The good “mom and pop” landlord trying to just pay their bills is a myth!

Most landlords are incredibly greedy and heartless. All they want is to to get your hard earned money even during a global pandemic where thousands of people are dying.

They could easily give you a break and use their profits to cover their mortgages, or (and this will upset them) get a real job and not just rely on sucking the life blood of tenants like parasites.

They simply don’t care about you and your family and only view you as cattle. Or less than cattle. You are the steak, pork, chicken and lamb they feast on.

And now with online hearings Tenants are being evicted like cows in slaughterhouse!

 

Use “Payment Plans” Against Your Landlord And Win!

Tenants have very few options…but we still have some!

If you want to avoid being evicted and win at the Landlord and Tenant Board here is one strategy you should consider.

Let’s first look the the rules of the Residential Tenancies Act which were changed in July, 2020.

Did you know the rules changed? Most tenants (and tenant groups) don’t realize it.

But this is the key to avoiding evictions and defeating your landlord!

Here’s the new rules:

Rent Arrears that Arose During COVID-19

On July 21, 2020, the following provision was added to the RTA:

“83(6) Without restricting the generality of subsections (1) and (2), if a hearing is held in respect of an application under section 69 for an order evicting a tenant based on arrears of rent arising in whole or in part during the period beginning on March 17, 2020 and ending on the prescribed date, in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears.

What this means is that when deciding whether to grant discretionary relief from eviction for an application about rent arrears on or after March 17, 2020, the Board must consider whether the landlord tried to reach a payment agreement with the tenant before the hearing.

Therefore, at the hearing the parties or their representatives must be prepared to discuss whether the landlord and the tenant tried to reach an agreement. If the parties tried to reach an agreement but were not successful, the details of the negotiations should not be discussed during the hearing.

Subsection 83(6) applies to rent arrears that arose, at least in part, starting on March 17, 2020, and ending on a date to be proclaimed by the Lieutenant Governor. As of September 2020, the ending date had not been proclaimed”

So How Does This Help Tenants?

Landlords had to have offered you the option of a “Payment Plan” in order to get their eviction and kick you and your family to the cold streets!

Let’s look at this again:

1. Your Landlord Didn’t Offer You A Payment Plan?

This is excellent for you.

All you have to do is explain to the LTB adjudicator that during the Covid-19 pandemic shut down you were worried about surviving and your landlord “didn’t even try to cooperate with you.”

This will lead to no eviction as long as you (a) Show up for your Hearing (b) Explain how scary times were during the lock-down.

2. Your Landlord Offered You A Payment Plan?

This makes things more complicated. Because if your landlord offered you a payment plan they probably did it because their $500/hr lawyer told them to do this to get you kicked out on the street!

At your Landlord and Tenant Board Hearing your landlord or their representative will try to use this to get a evicted, and fast!

Even if the offer was ridiculous, or you were too busy trying to survive to contemplate it, the Ford Pro-Landlord LTB will get you evicted!

Your Landlord Only Made The Payment Plan Offer To Use Against You To Evict you!

They don’t care about getting a little bit of rent, they want you evicted so they can raise the rent buy hundreds or thousands of dollars to the next tenants! The payment plan provided to you was a just a “legal tactic” to get you evicted!

Fight landlord dirty tricks by using their tricks against them!

Fight Fire With Fire – DENY, DENY, DENY!

Landlords are lying so you can too! Fight fire with fire. Too many tenants are honest and victims to lying, evil landlords.

At you Landlord and Tenant Board Hearing if your landlords says they offered you a “payment plan” deny it.

Yes, JUST DENY IT! (Yes, even if it’s not true!)

1. If they say they called you discussing a payment plan…DENY IT!

2. If they say they emailed you offering a payment plan…DENY IT!

3. If they say they met with you offering a payment plan…DENY IT!

What If There Is Evidence That Your Landlord Presented A Payment Plan?

First of all deny it. Make your landlord “prove” it.

If there is an email exchange tell the LTB adjudicator that is not your email address and make your landlord prove it!

If your landlord recorded you say that is “not me” and make your landlord prove it!

Do You Have A Spouse Or Roommate Or Someone Living With You?

This is great.

Bring them in as witnesses and also DENY, DENY, DENY and payment plan offers.

If There Is Any Doubt Of A Payment Plan Your LL Claims Is True And You Get An Eviction Order You Can Appeal To The Superior Court And Win

Unlike all the low paid, desperate for work newly hired failed lawyers, failed paralegal LTB adjudicators (their salary and benefits are Walmart tire!), Superior Court Judges are trained and fair and fight for real JUSTICE!

No Landlord Offer Of A Payment Plan = No LTB Eviction = Protect Your Family From Landlord Lies!

Protect You and Your Family By Using Legal Methods To Beat Your Landlord At the Landlord At Tenant Board

Tenants are just trying to find a home. We pay our rent on time and keep the properties like our own.

During a huge historic pandemic where are our jobs were shut down many tenants couldn’t pay rent.

We were promised by Ford that we didn’t have to pay rent so we could pay for food and medicine.

Months later the rules have changed and landlords are seeking MASS EVICTIONS.

Make Sure You Fight Back And Win At Your LTB Hearing.

This Is Part 1, Come Back And More Real Life Advice To Avoid Evictions!!

Ontario Landlord and Tenant Board is OPEN!

Saturday, August 1st, 2020

After A Painfully Long Wait The Landlord & Tenant Board Is Open

Many small landlords have felt incredibly frustrated and rightfully angry as the Landlord and Tenant Board was closed for most cases such as non-payment of rent.

Most of us have full time or part time jobs that help us survive. Like others, we too suffered job losses, no school for our children, lock-downs and were worried about our loved ones being safe.

We also had our rental properties to deal with.

Small Ontario Landlords Finally Can Take Action Against Non-Paying Tenants

Ontario Landlord and Tenant Board Is Open

Here are the rules for the opening.

As of August 1st, 2020 the Landlord and Tenant Board Will:

(1) Begin to issue eviction orders that are already pending

(2) The LTB will begin to issue consent eviction orders that are based on tenants and landlords deciding to settle issues with an agreement.

(3) LTB will remain hearing ‘urgent’ matters that are related to health and safety issues that have already been scheduled.

(4) Begin to schedule hearings for non-urgent evictions.

(5) Start non-urgent hearings starting in the middle of August and into autumn.

As the LTB gradually re-opens it says it will make their services stronger:

(1) They will begin holding hearings by phone, video software and in writing

(2) The LTB is encouraging tenants and landlords to try to reach a settlement before applying for a hearing

(3) Using what are called “Case Management Hearings” for applications that don’t include rent owed

(4) Hiring and training more adjudicators

We will be watching what happens and encourage our members to share your feedback with us that we will share with the LTB and the Ministry.

Got Questions? Need Help?

With all the changes happening and after months of chaos we are here to help.

We have thousands of members and many very experienced and successful. This is why we exist…to help small landlords and get our message heard.

So instead of just complaining to each other about how unfair things are, or listening to people who aren’t successful, our members work to come up with winning landlord solutions.

And unlike people who don’t even own rental properties, we’ve got ‘skin in the game’ and find real world solutions because our incomes depend on it.

All for a one time registration fee that includes huge discounts on key services.

The Ontario Landlord and Tenant Board is Finally Re-Opening!

Make Sure You Know The Ropes And Run A Successful Rental Business By Running Credit Checks, Criminal Checks and Having A Network Of Successful Landlords On “Your Team”!

Residential Tenancies Act Has Changed – Good News For Landlords & Tenants

Tuesday, July 21st, 2020

Bill 184 Has Passed And It Helps Protect Small Landlords

Many small “mom and pop” landlords have faced huge challenges the last four months. This includes our own personal challenges due to the pandemic.

It’s been a very stressful period but there is some good news that will help us run our rental businesses in more efficient manner. It also helps tenants deal with some of the ‘bad apple’ investors out there.

Win-Win For Good Landlords and Good Tenants

The Ontario government on May 26 brought forward Bill 184 for the second reading that small landlords had been waiting for. It has now passed and it’s now the law.

It is a Bill to improve the Residential Tenancies Act. This included changes we’ve told the government need to happen to protect small hard-working landlords across Ontario and avoid a mass sell-off!

These are difficult times for everyone. So many people are out of work and many have even been fired from their jobs. We know this and the new changes work to help everyone.

Bill 184 Is Called “The Protecting Tenants and Strengthening Community Housing Act 2020”

Despite the name, this bill makes some positive changes for landlords.

How?

For small landlords the the three most important changes are:

1. No More “Trial By Ambush”

Before this change in the law tenants were able to raise repair issues at eviction hearings without notifying the landlord of any problems first.

They didn’t need proof, they just had to bring up issues to get the Hearing cancelled and a new Hearing set for a later…usually many months later that many tenants still didn’t pay rent!

Many of our members faced unscrupulous and dirty tenant reps. who used what was intended to protect tenants instead to be a trick and legal weapon.

We have small landlords who even said dirty “reps” warned landlords “no house is perfect!” (meaning “I can ambush you to delay evictions!”) as a negotiating tactic to get landlords to pay money for tenants to move or they would use this to delay the eviction by months!

Now that Bill 184 passed, tenants need to give notice in writing of these complaints before a hearing occurs.  This will allow good landlords to make the repairs needed.

We have had thousands of reports of the years of tenant representatives bringing up imaginary “problems” with the rental property as a tactic to delay an eviction.

This has now ended and this dirty legal trick has been eliminated.

2. Allows Landlords To Pursue Tenants For Rent and Utilities Arrears Through the LTB, Instead of Small Claims Court

This is helpful because small claims court can take a lot of time to get a court date (up to a year or more) and you have to find your tenants to serve them.

Again, this will mostly help the large REIT corporate landlords who have their own legal teams. But it can help small landlords, especially when it comes to unpaid utilities.

3. Tenants Who Don’t Fulfill Their Payment Plans Get Evicted With No Hearing (which can take months)

When landlords apply to evict tenants for late rent, the tribunal can help mediate “payment plans” between the landlord and the tenant.

That sounds great. Not really. The problem is the mediation happens when the landlord finally gets a Hearing date at the landlord and tenant board.

Even before the corona virus, landlords had to wait months to get a Hearing date because of so many cases and too few LTB “adjudicators” (judges).

Under the new law, landlords and tenants can make their own “payment plans” together without having to wait months for an LTB Hearing.

If tenants are unable to fulfill the repayment agreements, landlords would not necessarily have to go back to the tribunal for an eviction hearing with the tenant. 

And tenants who tried to work with their landlord will get special consideration if it does go to a hearing versus tenants who simply refused to pay rent.

What About Helping Good Tenants?

There are changes that won’t impact good landlords but will help tenants deal with ‘bad apple’ investors.

For example, if you want to evict someone for your own use you have to give up your privacy rights and tell the LTB if you have done this before in the past couple years.

Since small landlords only use this option if they have children who need a place, or they sell their own property and move in to their rental to live, it won’t be an issue.

And fines for bad faith actions like”renovictions” have increased.

Most bad faith ‘renovictions” are from corporate landlords not from small landlords.

Good landlords want to cooperate with good tenants!

These new changes just strengthen this relationship by allowing landlords to act fast to deal with tenants who didn’t fulfill their side of the deal.

It also allows tenants more rights to fight against landlords trying to abuse the system.

This is a positive ‘first step’ in balancing the unbalanced pro-bad tenant policies create by the Liberals under McGuinty and Wynne.

New Laws Are Good, But Landlords Still Need More Changes

For example, the ability to charge damage deposits, shorter time frames for evictions for non payment and laws to protect landlords and tenants from those who are violent or abusive.

Ontario Landlords Need To Be Able To Evict Non-Paying Renters

Thursday, June 4th, 2020

Landlords Across Ontario Need The Legal System Up & Running 

Small landlords are different than big REIT corporate landlords. Many of us used to rent ourselves, or we have friends and family members who rent.

We are understanding and helpful. We are patient and kind to our tenants. We want to work things out for a win-win situation. We aren’t afraid of posts on this site to help tenants.

We also need rent to be paid on time in order to survive!

Small landlords don’t have economies of scale, don’t have huge cash reserves, and many need rent paid each month just to cover our costs.

A large number of tenants are co-operating with their landlords and deferring rent or creating payment plans.

However, many tenants are not paying rent or even a portion of rent.

Many tenants even with the means to pay are simply saying “No.”

They know they cannot be evicted and are ‘gaming’ the system by not paying when they can.

In our internal polling over 70% of tenants did not pay full rent on June 1st. 

WE NEED RENT TO BE PAID OR NON-PAYING TENANTS TO BE EVICTED

We understand many tenants are facing financial difficulties. But do not put their financial problems on the backs of small residential landlords who are also suffering.

If you think this is cruel then government can just give the tenants a grant or a loan, instead of putting all the pressure on small landlords. We have led the way lobbying for help for tenants who need it.

We need to open up the legal process and allow small landlords to evict non-paying renters.

Over 50% in our internal polling shows small landlords are going to sell if they cannot collect rent or evict non-paying tenants within the next couple of months.

This will hurt the entire rental stock of our province. Where is the long term planning by our government leaders…leaders who our members helped get elected on their promise of “making Ontario open for business.”

The Ontario Landlords Association Will Get Your Voice Heard

We are sending your ideas and concerns directly to the Premier.

Please send us your support of “Landlords Must Be Able To Evict Non-Paying Tenants” to us at  evictnow@lobbyist.com

We Need To Be United and Together To Send A Strong Message

We Need the Legal Process Working And To Be Able To Evict Non-Paying Tenants