Archive for the ‘landlord rights’ Category

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

Become An Ontario EXPERT LANDLORD And Succeed And Make Profits!

Thursday, March 4th, 2021

During These Challenging Times You Need To Become An ONTARIO EXPERT LANDLORD To Run A Profitable, Successful Rental Business. Take Control Of Your Financial Future!

Being a small landlord in Ontario is not a hands-off investment. Especially these days. There are so many tenants who abuse the system you need to be careful at all times.

Let’s look at some of the most common challenges we face:

1. It’s becoming common for tenants to decide they don’t have to pay rent

2. It takes months to get a Hearing date at the Landlord & Tenant Board

3. Some tenants are becoming aggressive and threatening

4. The government is offering no support or help for small landlords

5. Eviction dates for people who haven’t paid rent in 2019 or 2020 might be delayed until 2021

Is The System Fair? No, But You Can Still Succeed!

The laws in Ontario are very “bad tenant friendly.” By this, we mean bad tenants who know how to manipulate the system and stay for months and months rent free.

We keep reading about non-OLA members saying:

“It’s not fair, they aren’t paying, the system needs fixing, I’m out $20,000, they haven’t paid for months, they trashed the property, oh I’m so sad!” 

We teach landlords the system isn’t fair (and hasn’t been for over a decade) and the rules can create a horrible nightmare for honest, hard-working small landlords and our families.

Complaining, Protests, Letters To The MPPs,  Credit Reporting,  Ombudsman, Chasing After Debts You Won’t Collect…Will Not Help You Succeed!

The government is 100% aware of the nightmares small landlords face. So protests, emails, calls to the Ombudsman, etc. won’t help us.

Yes The Provincial Government Is 100% Aware Of What’s Going On

But they don’t care!

They don’t want a wave of evictions to happen and bad headlines in the media…so instead small family landlords are expected to “eat the costs” for their political ambitions. That means you are stuck paying the bills for others.

You Can Still Run A Profitable And Successful Rental Business in Ontario

Become an expert and learn the rules and learn how to use the rules to help you succeed.

Learn How To Win and Profit!

If you want to succeed it’s up to you to learn how to successfully maneuver in a challenging environment. Those who understand the system can use it for success, as many OLA members are wealthy due to their rental properties.

The landlords who are protesting & complaining are not OLA members. They didn’t screen carefully & didn’t know what to do when their tenants didn’t pay rent. Most won’t see a dime of money owed to them!

With the way things work in Ontario, many landlords who fail to treat running their rental business super seriously will fail. But those who take the time to become experts can succeed.

Don’t Fret, Don’t Give Up…Become An Expert Landlord And Run A Profitable Rental Business!

The rental industry is complicated and you need to become a sophisticated investor/landlord. You need to become an Expert Landlord who knows the rules better than any bad tenant does.

By learning the ropes and learning the rules you can run a very successful and profitable rental business and AVOID problems later on.

There Are New Rules To the Residential Tenancies Act (RTA)

Landlords need to be aware there are many changes to the RTA thanks to Bill 184.

Landlords also need to be aware that any mistake we make in our filings with the Landlord and Tenant Board must be “perfect” or they will be rejected! We must also prepare extremely carefully for our LTB hearings.

Become A Landlord Expert Or Lose At The Landlord And Tenant Board!

With hearing dates taking over a year you need to make you sure you WIN at your hearing. If you don’t it will take forever to get another hearing date…so make sure you win!

Tenants Get Free Legal Help At the LTB Hearing

LTB Hearings are confrontational: landlords vs. their tenants. Many small landlords are shocked at how the system wants you to lose and you to pay (so the government doesn’t have to pay for housing…you do).

But it’s not really you versus your tenant, it’s you versus a very experienced lawyer or paralegal who know the laws inside out. And they get rewarded for winning over landlords.

Do not underestimate the dirty tricks they will use to win for their tenant client and do whatever it takes to win for their tenant.

All Tenants No Matter Their Income Get Free Legal Help At the LTB

Small Landlords Need To Take Matters Into Our Own Hands

This is especially important as Bill 184 is now law and it will take months and months to get a Hearing (so when you get your hearing date you need to win or you could face another six or eight months of non-payment of rent!)

Learn The New Rules With Bill 184 And What You Need To Learn To Get An Eviction At the LTB

Created by experienced and successful landlords who know the legislation, know the rules, know the laws… but also know being a landlord is a “people business” that non-landlords will never understand. You can download this 24/7 along with all our other helpful advice and services.

Do You Want To Be A Successful Landlord? 

Our CD along with help in our forums will help you succeed.

Become an Ontario Landlord Expert And Learn The Ropes of Running a Profitable Rental Business in Ontario – Yes It Can Be Done! Start Winning!

Now Part Of Our EXPERT Landlord Membership!

All For A One Time Registration Fee.

And You Get Access To Our Forums:

Need  Help From Experts?

You Also Get Access To Thousands Of Expert Landlords on Canada’s Largest Landlord Forum To Help You!

For A One-Time Fee, Experienced and Successful Landlords Are Willing To Help You! Landlords Who Have Been In The Landlord Business For Decades Are Willing To Mentor You and Help You.

Get a Mentor with the OLA to help you!

Join Our Community And Succeed and Become an Expert Landlord.

JOIN OUR EXPERT SERVICES NOW!

Update On The Landlord & Tenant Board

Wednesday, April 15th, 2020

Important Notice For Ontario Landlords

The Landlord and Tenant Board is not accepting in-person submission of documents. To confirm alternative options to submit documents, email LTB@ontario.ca or call 1 888 332-3234 or 416 645-8080. For TTY relay service, dial 1 800 855-0511..

April 16, 2020
ServiceOntario Centres are limiting the intake of Landlord and Tenant Board applications to the following circumstances:

  • the application represents an emergency situation
  • the applicant has no access to a computer
  • the applicant’s only option for payment is by cash, certified cheque, or money order
  • other limitations to applicant’s alternate filing options.

Please visit ServiceOntario Centres for a list of locations that accept applications and documents on behalf of the LTB.

Most LTB applications can be submitted via e-file. If you can’t use e-file, send your application by mail or fax to your LTB regional office.