Archive for the ‘Landlord Legal Problems’ Category

Eviction Enforcement Resumes

Tuesday, February 9th, 2021

Date:              February 9, 2021

TO:                 Ontario Landlord Association Stakeholders

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

RE:                 Eviction Enforcement Resumes

On February 8, 2021 the government announced that residential eviction enforcement will resume in three public health unit regions on Wednesday, February 10, 2021:

  • Hastings Prince Edward Public Health
  • Kingston, Frontenac and Lennox & Addington Public Health
  • Renfrew County and District Health Unit

In these three regions, the Court Enforcement Office (Sheriff) may enforce all Landlord and Tenant Board (LTB) eviction orders. To find out which public health unit your rental unit is located in, enter the postal code in the Ministry of Health’s Public Health Unit Locator.

In all other regions of the province, previously announced restrictions on enforcement of LTB evictions orders by the Sheriff remain in effect. In those regions, the Sheriff cannot enforce an LTB eviction order unless the order asks the Sheriff to expedite the enforcement. If you believe the LTB should request an expedited eviction, please raise the issue at your hearing.

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

The LTB continues 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.

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                    Debbie Koukouves, on behalf of Lynn Dicaire

Associate Chair                    Registrar

Bill 184 – The “Tenant Slaughter And Un-Protection Act”

Tuesday, July 21st, 2020

Disclaimer: “This isn’t an attack on landlords. This is an attack on the system that got us here.”

“Let’s make a payment plan. Let’s avoid the LTB, work together (tenant signs)….GOT YOU… Hahaha I can now evict you fast, you have no legal rights now! SUCKER! The Sheriff is coming now to kick you out!”

Tenants need to be aware of the huge challenges we are soon going to face!

While the Premier has acted all kind and cuddly (like that fat drunk uncle we all see during the holidays who laughs as he passes gas and then beats your aunt to bloody pulp when they get home) it’s only an act.

The reality is those of us who rightfully didn’t pay rent (or full rent) are being prepared for the slaughterhouse (legally)!

It’s called Bill 184 and you can bet it will soon be the law and the slaughter of tenants will begin.

The government will not forgive tenants not paying and instead are going to demand tenants agree to “payment plans” that bypass the legal process of going to the Landlord and Tenant Board for a legal Hearing (where tenants have rights and free legal help)

The NDP came up with a plan to help tenants cover rent by using government funds to help during the horrible pandemic.

Even some landlord groups such as the Ontario Landlords Association proposed this as a way for tenants and their landlords to avoid conflict and avoid evictions.

Lots of other industries have received government support, so why not residential tenants and their landlords?

No, that would have been too easy and too nice. Why be nice when they want a slaughter and I think they enjoy seeing us suffer!

Suze Morrison is an NDP MPP who wants to protect tenants. Morrison is very aware of the reality and the coming avalanche of mass evictions based on landlords legally being able to trick tenants into forfeiting our legal rights.

Thousands of tenants in Ontario are lying awake at night, worrying about losing the roof over their head when the province’s weak pause on the enforcement of evictions ends.

They wouldn’t be this position if Doug Ford had answered the NDP’s call to provide a rent subsidy to tenants who have lost income or their job due to the COVID-19 pandemic, but here we are.

As if this wasn’t bad enough, the Ford government has found a way to make things even worse.

Now, in the middle of the pandemic, the Conservatives are attempting to quietly ram through legislation that will make it easier for landlords to evict tenants.

Don’t be fooled by the name of the legislation. Bill 184, the Protecting Tenants and Strengthening Community Housing Act, is bad for tenants.

Tenants already faced an uphill battle at the Landlord and Tenant Board, squaring off against often deep-pocketed landlords and their high-priced lawyers. If passed, Ford’s eviction bill will leave tenants with fewer defences to avail themselves of and fewer opportunities to plead their case.

Consider the case of a landlord who refuses to fix a malfunctioning radiator in a tenant’s unit. If the tenant withholds their rent, the landlord can haul them in front of the Landlord and Tenant Board.

Under Bill 184, the tenant may be prevented from pointing out other issues, like the landlord’s failure to maintain the unit in a good state of repair, at the hearing on non-payment of rent.

Bill 184 also takes away a tenant’s right to return to the Landlord and Tenant Board if they miss a payment after coming up with a repayment plan to catch up on back rent. This is especially concerning in the context of the pandemic.

Thousands of tenants in Ontario will be trying to catch up on back rent after losing their income or job. What if they feel pressured to accept a repayment plan and fall behind on payments despite their best efforts? What if their financial circumstances change because there’s a second wave of COVID-19?

Under Bill 184, there’s no opportunity to revisit the repayment plan at the Landlord and Tenant Board. Tenants could find a sheriff knocking on their door, ready to enforce their eviction, the second they miss a payment.

The Ford government can claim that its eviction bill is about “protecting tenants” all it wants. But even Steve Clark, the minister of Municipal Affairs and Housing, admits that the legislation is about moving things along at the Landlord and Tenant Board when the government switches the lights back on.

In this very paper, he wrote: “We know that when regular hearings resume at the LTB, there will be a backlog of cases requiring resolution. That’s why this legislation is important today — in light of COVID-19.”

Yes, there will be a backlog of cases. The enforcement of evictions may be on hold for now, but that hasn’t stopped landlords from threatening tenants with eviction — even for partial rent payments.

And what is the Ford government doing with thousands of evictions on the horizon in Ontario? Instead of helping tenants keep up with rent, and in turn ensuring landlords get paid, the government is greasing the gears of the Landlord and Tenant Board to speed up evictions.

Tenants deserve better than a government that claims it’s protecting them when it’s really making them more vulnerable to losing the roof over their heads.

It’s time for the Ford government to scrap its plan to make evictions easier and step up with rent relief to help see tenants through the economic pain of COVID-19.

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!

Sunday, November 3rd, 2019

 

Add Your Voice To Our Submission To Premier Doug Ford And The Ministry To Make Important Changes To Protect Landlords!

The Ontario Ministry of Municipal Affairs and Housing is having a key consultation with stake-holders on how to create more high quality housing in our province. Making it “easier” to be an Ontario landlord is an important part of the consultation. 

The Ontario Landlords Association is submitting what will be a game-changing submission on changes small landlords need to be successful. 

We ask our members to share your ideas and experiences for our submission by taking our survey.  

For more detailed debate and discussion please post in our Private Members Forum (for verified landlords only). Also, if members want to attend preparatory meetings and the consultations join the discussion in the Private Members Forum.

Create your own user feedback survey

Landlord and Tenant Board Requests Our Comments On New Documents – Make Your Voice Heard!

Saturday, September 15th, 2018

Rent Increase Guideline 2016 Ontario

Ontario Landlord Association Members Are Important Stakeholders In The Ontario Rental Industry And We Have Been Asked To Review And Comment On New Documents From the Landlord and Tenant Board

Residential landlords across Ontario are excited that we have new provincial leadership that wants to cut red tape and make Ontario ‘open for business again’.  

Dramatic changes to the way we do business will take some time, but we are already seeing an openness to improve the rental industry.  And they want Ontario Landlord Association members (who are important stakeholders) to play a key role.

This is a great beginning and we ask you to take time out of your busy schedule to share your opinions, concerns, and advice on how to improve the Landlord and Tenant Board. 

Let’s discuss these important consultations in the OLA Member forum and make sure to get our voices heard. 

Send us your comments at landlordvoice@lobbyist.com

 

Ontario landlord and tenant board 2018

To: Ontario Landlords Association Members

Changes to Rules of Procedure and Guidelines for Review and Comment

The Landlord and Tenant Board (LTB) has posted three documents for review and comment by members of the community and its stakeholders:

  1. Proposed changes to the Rules of Procedure
  2. Proposed changes to the Guideline 6: Tenant Rights
  3. Proposed changes to the Guideline 12: Eviction for Personal Use, Demolition, Repairs and Conversion

The Rules of Procedure have been extensively reformatted and now use plain language. The commentary that appears under each rule has been removed. The format and language of the proposed rules is also now consistent with the Social Justice Tribunals Ontario (SJTO) Common Rules of Procedure . Some substantive changes have also been made, including:

  • Allowing the use of a sworn statement instead of an affidavit (Rule 1.5)
  • Allowing parties to give each other certain documents by email where they both agree (Rule 3)
  • Removing the requirement that Co-operatives serve applications (Rule 12)
  • Changing the rules about the payment out of money paid into the LTB’s trust account (Rules 20.3, 20.4, 20.6 and 20.8)

Guideline 6 has been expanded. It now includes discussion of all the grounds in the Application About Tenant Rights (T2). References to applicable case law have been updated and there are extensive references and links to relevant LTB orders.

Guideline 12 has been changed to reflect amendments made to the Residential Tenancies Act on January 1, 2018.

We encourage you to have a look at the proposed changes and provide your comments and ideas by September 28, 2018.