Archive for the ‘naborly’ Category

Ontario Residential Evictions Will Not Be Enforced

Thursday, January 14th, 2021

Small Ontario landlords from all across the province were shocked when news broke that evictions would not be enforced during the latest emergency lock down.

After waiting for months and months, small landlords were happy to find the  Ontario Landlord and Tenant Board (LTB) finally re-opened and began having video hearings.

Not getting rent created severe financial challenges for thousands of small ‘mom and pop’ landlords all over Ontario.

You Waited For Months, Got The Legal Eviction (Because You Were Right) And Now Tenants Can Still Stay While Not Paying

Many small landlords have had to sell their rental properties or max out their credit cards just to stay solvent. Others trusted the system and held on and got their eviction order in the past couple of months.

Getting An Eviction Order From the LTB Is Step #1

When you get an eviction order and your tenants don’t move landlords must hire (and pay a lot of money to) the Sheriff aka “Court Enforcement Office”.

This is Step #2

The Sheriff has the right to remove tenants who don’t follow the eviction order. They “enforce” the order and make sure justice is served.

Step #2 Has Now Been Stopped In Most Cases

So you waited for months, finally got your LTB Hearing, you won and now you want to take your home back.

Not anymore. Enforcement is now cancelled in most cases (such as non-payment of rent).

These are challenging times and the LTB reached out to the Ontario Landlords Association to explain.

 

January 14, 2021

 TO:                 Ontario Landlords Association Stakeholders

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

 RE:                 Announcement on Temporary Pause Evictions

Today, the Ministry of Municipal Affairs and Housing announced a temporary residential evictions moratorium effective January 14, 2021 during the provincial declaration of emergency and while the stay-at-home-order is in force.

At this time, the Landlord and Tenant Board (LTB) will continue 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 LTB will continue to conduct hearings by videoconference, phone or in writing to protect the health and safety of Ontarians.

As set out in regulation, most eviction orders will not be enforced by the Court Enforcement Office (Sheriff’s Office) while in effect.

We continue to encourage landlords and tenants to work together to resolve their disputes during this challenging time.

The LTB is carefully monitoring the situation and operational changes, if any, will be posted to our website.

We are open to and welcome your feedback as we value your perspective on landlord and tenant matters. Thank you for your patience and cooperation.

We remain committed to providing fair, effective and timely access to justice.

Sincerely,

[original signed by]       [original signed by]

Karen Restoule

Associate Chair

Lynn Dicaire

Registrar

Experienced And Professional OLA Members Worry: How Long Will the Emergency Continue And Evictions Not Be Enforced?

We all hope the emergency lock down ends soon. But what if it doesn’t? That will mean small “mom and pop” landlords who provide high quality, affordable housing all over Ontario will suffer.

We are working class people who have invested to create the type of excellent and safe rental properties we always were looking for when we rented.

Allowing non-paying tenants to stay in our homes, or landlords who need to move back to their rental property home to frozen out will be a disaster.

Small landlords are not corporate landlords who have millions of dollars in their vaults and foreign investors to bankroll them.

We are people, who work, follow the system, and want to succeed.

We need to prepare now for an extended lock down to protect small landlords.

It’s Important To Pay Your Rent To Your Small Landlord

Friday, September 11th, 2020

My name is Laura and I post under my name on the Ontario Landlords Forum. I’ve been active there for years to try to help other tenants and give some of my advice to help small landlords too.

These are crazy times for everyone.

And while tenants are suffering it’s also important to know your landlord might be suffering too. This pandemic is hurting everyone.

We Need To Stick Together

I used to own a house and we rented our basement out years ago and it really helped us cover our mortgage. When my husband died my children were grown so I decided to sell the house and rent.

Renting has a lot of advantages.

I don’t have to worry about any maintenance issues and my landlady has a service to cut the lawn and plow the snow.  My landlord cover my utilities so she can get just one payment each month to keep things uncomplicated.

My landlady is a teacher and her husband has his own contracting company and they are terrific.

“Are You Going To Pay The Rent?”

When all this chaos started in March and the government said “tenants don’t have to pay rent” my landlady called me and asked me if I was going to pay the rent.

I told her “of course I will”. She was thankful and said if I needed a break just call her.

My Landlady Is Professional and Kind, And I Make Paying Rent A Priority

I’m in a pretty good situation where I don’t need to worry about buying food and my children are adults now.  I know others might not be as safe as I am.

I’m going to pay the rent not only because it’s the right thing to do, but because I want to keep my excellent relationship with my landlady and know that if I don’t pay rent it could hurt her financially (and even lead to her selling this place).

Pay You Rent And If You Can’t Call Your Landlord

My landlady isn’t some big global corporation. She and her family invested and thanks to them I have a great place to stay at a great price.

Rent Strike Hits Small Landlords, Not The Corporate Landlords

-Not paying rent will just get rid of the small nice landlords who care about you.

-Not paying rent will not impact the big heartless corporations.

-The whole “rent strike” people are likely corporate landlords who want to get rid of small landlords who are their competition.  At least that’s what I think.

Stay Home and Stay Safe!

I’m so happy to have a great rental with a great landlady. I feel safe and don’t ever want to move.

With Love And Wishing Everyone Stays Safe,

Laura

 

I Worked Out A Fair “Win-Win” Payment Plan With My Landlord

Thursday, August 13th, 2020

 

My Landlord Cooperated With Me 

These are difficult times for everyone. So many people are out of work and many have even been fired from their jobs!

The pandemic has changed the world and has hurt so many people.

And with all the schools closed many parents have to try to educate and entertain our children. This is especially tough when we can’t go to parks or playgrounds.

Landlords And Tenants And Paying Rent

As a long term tenant I have paid my rent according to the lease with my landlord all the time.

Now things have changed, the economy has changed, the whole world has changed due to the Corona Virus.

Economic Challenges

We tenants have lost hours, lost jobs, and even lost hope. This is a unique situation we have never seen before.

So How Should Tenants Deal With Their Landlord?

It’s all about being upfront and honest and working together.

Inform Your Landlord Of Your Predicament

Be open and honest with your small landlords because they will care and understand the challenges you face.

Most small landlords are nice people…they don’t want you to move (at least in my case). And they are willing to listen. And they are often flexible to reach a win-win situation.

Also, they don’t want to try to find a new tenant to replace you if possible. They want you to stay and hope you are willing to work with them.

See Things From The Landlords Point of View And Ask Them To See Things From Your Point Of View

Most small landlords are not like the rich corporate landlords living in their castles. They want you to stay and be their client.

They also know that finding another good paying tenant in the current environment will be very difficult and would prefer you to stay.

So it’s entirely possible to ‘work things out’.

Work Out A Payment Plan

I worked out a fair payment plan with my landlords.

Since I only get $2000/month from CERB and my rent is $900/month we agreed I would pay $500/month and I would catch up when the pandemic is over and I can get back to work.

This allows me to have confidence I will keep my home and also gives me $1500 for other things I need in life (and I still don’t need to dip into my savings!)

Working Together…Works!

View your small landlord as a partner in this whole crazy mess of a world.

Your small landlord likely rented themselves or have friends or kids renting so they are on your side. They might even be helping their kids or relative or friend who is renting deal with this situation.

Working Class Tenants Working With Working Class Landlords is Key

Many working class landlords aren’t rich and have bills to pay. They are usually pretty kind and flexible and if you be polite and tell them you want to work things out they will do it.

Make sure you rent from a small working class landlord because you can talk to each other and prepare win-win plans.

Stay Safe and Let’s All Work Together

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”!

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.