Archive for the ‘LTB’ Category

LANDLORD ALERT! RTA amendments take effect today: New and revised Rules, guidelines and brochures

Wednesday, September 1st, 2021

The Ontario Landlords Association has been lobbying hard for years and helping make positive changes to the laws to protect Small Landlords.

We stopped many anti-landlord laws before and now are working relentlessly to create a fair system.

Join us, make your voice heard, and help make even more positive changes to help good landlords and good tenants succeed in win-win business relationships.

September 1, 2021 

TO:                 Ontario Landlord Association Members

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

RE:                 RTA amendments take effect today

We are writing to remind your Ontario Landlords Association Members that amendments to the Residential Tenancies Act, 2006 (RTA) resulting from Bill 184, take effect today. We have summarized the changes in September 1, 2021 Amendments to the Residential Tenancies Act.

In response to these amendments, the LTB has posted new and revised Rules, guidelines and forms to our website at tribunalsontario.ca/LTB.

New materials:

  • Form L10: Application to Collect Money a Former Tenant Owes and Instructions
  • Certificate of Service: Serving a Former Tenant or a Tenant no Longer in Possession of the Rental Unit
  • Request to Use Alternative Service Form
  • Brochure: Collecting Money a Former Tenant Owes
  • Brochure: How to Serve a Landlord or Tenant with Documents

Revised materials:

  • Rules 3, 4, and 5
  • Guideline 11: Eviction for Failure to Pay Rent
  • Guideline 12: Eviction for Personal Use, Demolition, Repairs and Conversion
  • Form T5: Landlord Gave a Notice of Termination in Bad Faith and Instructions
  • Form L2: Application to End a Tenancy and Evict a Tenant and Instructions.

** The revised L2: Application will only be available in fillable PDF format until the launch of the new Tribunals Ontario Portal later this fall. Please do not use LTB e-File to file based on an N12 or N13 notice or when claiming costs relating to substantial interference or utilities. In these cases, you must use the PDF form and submit it by fax, mail or courier.

The LTB consulted on these materials and processes from January 19 to February 5, 2021.

Among the changes the LTB made as a result of the consultations, the LTB has added email as an approved method for landlords to serve former tenants and introduced a Request to use Alternative Service Method. For more information about email service and alternative service, see the Certificate of Service – Serving a Former Tenant or Tenant No Longer in Possession of the Rental Unit and the Brochure: Collecting Money a Former Tenant Owes.

Users will be able to file the new and revised forms on the Tribunals Ontario Portal when it launches later this fall.

Sincerely,

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

Thursday, April 8th, 2021

April 8, 2021

TO:                 Ontario Landlord Association Stakeholders

FROM:           Karen Restoule, Associate Chair

RE:                 Expedited Enforcement of Eviction Orders

On April 8, 2021, the Government of Ontario issued Ontario Regulation 266/21 made under the Emergency Management and Civil Protection Act.

This regulation 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.

If you have any questions, please contact us at LTB@ontario.ca.

Sincerely,

[Original signed by]              [Original signed by]

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

The Landlord and Tenant Board (LTB) is working towards implementing Zoom’s videoconference platform to conduct proceedings

Sunday, March 7th, 2021

The Ontario Landlord and Tenant Board (LTB) is working hard to improve the process for small landlords to have access to justice.

The Ontario Landlords Association has explained to the LTB that most of our thousands of members across Ontario are familiar with Zoom for online meetings and not MS products.

We explained that instead of using Microsoft (MS) products, changing over to Zoom would create a space that most small landlords will be familiar with and be more confident using.

March 5, 2021

TO: Ontario Landlords Association Stakeholders

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

RE: Zoom Demonstration

The Landlord and Tenant Board (LTB) is working towards implementing Zoom’s videoconference platform to conduct proceedings.

Before implementation, we are engaging with stakeholders to obtain feedback to inform our plans to rollout the platform for all proceedings.

We are pleased to invite you to attend a Zoom demonstration session on one of the following days next week.

Please log into the session using the Zoom link provided next to each date.

Note that each session will be the same and you should only attend
one.

– Wednesday, March 10, 2021 from 5:00 p.m. to 6:30 p.m. Please log in using
this Zoom link: https://ca01web.zoom.us/j/64404762691

– Thursday, March 11, 2021 from 10:00 a.m. to 11:30 a.m. Please log in using
this Zoom link: https://ca01web.zoom.us/j/67414728067

The LTB values your experience and perspective and we welcome your input on our proposed changes to our processes. We are making this transition to better meet the needs of those who access our services. As we move forward, we will provide more updates in the coming weeks.

We hope you will participate in this session.

Sincerely,

Karen Restoule                         Lynn Dicaire
Associate Chair                         Registrar

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

Has Your Landlord Put You On A Sign, A Facebook Site Or A “Bad Tenant” List? Fight Back And Win!

Thursday, August 13th, 2020

The Tenant Can Give His Landlord A World Of Trouble! And Legal Problems!

Landlords Who Defame And Harm Their Tenants Ability To Rent Is Illegal, A Crime! Punishable By Fines And Even Prison Time!

And You Can Easily Fight Back And Win (without paying a cent!) Tenants Are Not Aware Of The System To Jail/Fine Your Landlord!

Recently on the Ontario Landlords Tenant forum a young tenant explained how her landlord threatened her.

Her landlord had seen a story where a Peterborough landlord posted a huge sign illegally defaming her tenant and thought he could do it as well.

She wrote:

Things have been very complicated for everyone the past few months and i am a little behind in the rent. My landlady said if i don’t pay landlords are now “exposing tenants” who don’t pay. She said this will make sure everyone in the area knows not to rent to me and i will be stuck in a shelter with my toddler. Any help please!!!

Fortunately, fellow Tenants explained the process to her to stop this and punish the landlord for attempting to break the law!

The Landlord Has Set The Wrong Example And Must Be Punished

Uneducated landlords are on social media praising this ‘British’ landlord as some type of ‘hero’ when in fact they are a villain and if their tenant defends his rights they will be in a world of trouble!

What Can You Do If You Landlord Follows This Evil Landlords Tactics?

Unfortunately we’ve seen these types of uncivilized and illegal attacks before. For example a tenant found themselves on a “bad tenant list“. Fortunately she followed our tenant defense for tips.

You can read about it here.

So What Can You Do If Your Landlord Is Trying To “Punish” You By Making Your Private Information Public?

Of course then tenant can fight fire with fire by putting their landlord on a “bad landlord list” and making sure no tenants will ever, every rent such a dangerous property with such a bully landlord.

You Can Smear Them Back

Many tenants will see this as a great option as they can tell the truth, and even do it anonymously. Shaming landlords has been very successful!

You Can Legally Grow 4 Weed Plants And Report Your Rental As A Grow OP!

Some tenants have even grown our legal right to 4 plants and then reported it to the town or city to get the rental property flagged as a “grow up” which will cost the landlord/owner tens of thousands of dollars when they try to sell.

But there are other options out there that many tenants don’t know about and can have an immediate impact on your horrible landlord is a fair and honest way.

Tenants Have Lots Legal Of Ways To Fight Back…Do Them All!

Let’s take a look at some legal ways to fight back. Do them all. Go nuts and support your legal rights!

1. Call The Police

Your personal information is being made public without your permission. This is not only a privacy issue, it’s a safety issue. It is also a harassment and bullying issue.

We have heard from tenants who have been put on these illegal lists and they have called the Boys in Blue. They explained the situation and the officers have personally went to the landlords home and told them to “SHUT IT DOWN!” or get arrested.

2. Call The Ontario Enforcement Unit

ONTARIO TENANTS DID YOU KNOW THE PROVINCIAL GOVERNMENT HAS SOMETHING CALLED “RENTAL ENFORCEMENT UNIT?”

This is part of the Ministry of Housing, meaning the provincial government. It used to be called “THE INVESTIGATIONS AND ENFORCEMENT UNIT” but the name was suspiciously changed recently.

DID YOU KNOW?

– IF YOUR LANDLORD IS BREAKING THE RULES YOU CAN AVOID THE LONG AND TEDIOUS LANDLORD AND TENANT BOARD AND GET FAST ACTION

– MAKE YOUR LANDLORD CHANGE THEIR BEHAVIOR IMMEDIATELY OR GET YOUR LANDLORD FINED (OR EVEN CRIMINALLY CHARGED!)

– THE RENTAL ENFORCEMENT UNIT WILL EVEN CALL YOU LANDLORD AND WARN THEM OR FACE THE CONSEQUENCES!

Ontario’s Rental Housing Enforcement Unit (formerly called Investigation and Enforcement Unit) is a regulatory entity in the residential rental tenancies sector in Ontario.

The Rental Housing Enforcement Unit is separate from the Landlord and Tenant Board and deals only with enforcement of offences. The Unit takes complaints from tenants for offences committed under the Residential Tenancies Act, 2006 (the Act).

If you are a tenant of a rental property in Ontario, the Rental Housing Enforcement Unit can help you by:

listening to your complaint
explaining your rights and responsibilities under the Act
working with you and your landlord or tenant to resolve issues
carrying out formal investigations when issues cannot be resolved
fining or criminally charging your landlord

So what are some of the offences landlords do that will lead to huge fines and even criminal charges?

-disconnecting or interfering with a vital service that the landlord is required to supply to tenants (e.g. heat, electricity, fuel, gas or water)

-failing to provide rent receipts to tenants who request them

-illegally evicting a tenant without following the eviction process

-failing to make a tenant’s belongings available within 72 hours of eviction

-collecting unlawful security deposits

-altering the locking system for a rental unit or residential complex without giving the tenant replacement keys

-providing false or misleading information in documents filed with the Landlord and Tenant Board

-Not providing proper notice to come into your home

-Taking pictures in your home when you do not agree

-Having real estate agents keep bothering you with no proper notice and harassment

-Tons of other offences under the Residential Tenancies Act (basically anything your landlord does that you fee is unfair…..report them!)

HOW DO I GET THE RENTAL ENFORCEMENT UNIT TO CALL MY LANDLORD AND WARN THEM, FINE THEM OR CRIMINALLY CHARGE THEM?

Landlords and tenants in Ontario may report any offence under the Act by contacting our call centre.

Telephone: 416-585-7214
Toll-free telephone: 1-888-772-9277
Fax: 416-585-6464
Toll free fax line: 1-866-321-4127

Call centre hours:
Monday – Friday
8:30 a.m. to 5:00 p.m.

DO IT!

Already the Ontario website under Ford seems be trying to mislead Tenants on rights. But the reality is you can report your landlord and not only teach them a “life lesson” being fined or being jailed, but you are helping get rid of these bad landlords who hate tenants.

If you have any problems with your landlord and want fast action, call the ONTARIO GOVERNMENT RENTAL ENFORCEMENT UNIT, FREE OF CHARGE, AND START THE INVESTIGATION INTO YOUR LANDLORDS ACTIONS.

3. Go To Legal Aid And File A Tenants Right Form

They will help you.

Find your nearest legal aid clinic who will give you FREE legal help

Tenant legal issues

4. Ask Legal Aid To Help You Apply To The Human Rights Commission

The landlord is destroying your human right to privacy. File.

5. Make A Complaint To The Canada Privacy Commissioner

Are there any privacy laws that set out the rules for how landlords handle tenants’ personal information?

Landlords are required to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s federal private sector privacy law, or provincial legislation deemed to be substantially similar.

PIPEDA sets out the ground rules for how businesses, including landlords, must handle personal information in the course of commercial activity.

Here are some of the key obligations that landlords have under the law:

  • They must obtain an individual’s consent when they collect, use or disclose that person’s personal information (except in limited, defined circumstances set out in the law.)
  • They must identify the reasons for collecting personal information before or at the time of collection. They should ensure that these purposes are limited to what a reasonable person would consider appropriate under the circumstances.
  • They need to provide individuals with access to the personal information that they hold about them and allow them to challenge its accuracy.
  • They can only use a tenant’s personal information for the purposes for which it was collected.
  • They are responsible for ensuring the personal information is protected by appropriate safeguards.

Signs and bad tenant lists are ILLEGAL!

Make a complaint to the Privacy Commissioner!

This below is totally illegal and if her tenant defends himself she is toast!

THIS IS ILLEGAL AND UNACCEPTABLE! MAKE HER PAY!

 

This is Outrageous and Illegal! The Landlord Will Be Fined or Worse IF YOU FIGHT FOR YOUR LEGAL RIGHTS!

Sean If You Fight She Will Go Down!

Use The System To Fight Your Landlord!

If Sean follows our rules, his landlord will be in big trouble! Yet the rural rump landlords want to portray these illegal actions as “heroic”.

It’s no wonder the provincial government views small landlords as out of control low lives who have no idea of the laws and regulations of even being a landlord in Ontario!

We can make signs up at all the truck stops, they way we’ll sure gett’im eh! Fer sher.

Please Fight For Your Rights!

Don’t let these landlords break the law and then be called ‘heroes’ by the uneducated rural rump unprofessional landlords!

 

Tenants Need To Fight Back!

They are called heroes’ by the uneducated rural rump unprofessional landlords.

But these cocky wannabe be British royals will learn a lesson when tenants fight back!

Oh My God I Didn’t Know The Laws and I’m SCREWED

They will be criminals if Tenants learn our rights and FIGHT BACK!

DO IT!

AND WIN!