Archive for the ‘Landlord and Tenant News’ Category

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”!

How You Can Avoid Evictions…Never, Ever, Agree To A “Payment Plan” Directly With Your Landlord (It’s a trap!)

Wednesday, July 29th, 2020

The Ford Government Has Created An Evil Secret “Loophole” For Landlords To Steal Your Legal Rights And Get You And Your Family Evicted “Under The Table”!

“My Landlord Said We Could Just Work Out A Payment Plan Together and Avoid All The Paperwork Of Going To The Landlord And Tenant Board. It Sounds Fair And Easy. The Landlord Is Being Very Nice To Me Asking Me To Sign It…Should I?”

Sign a payment plan directly with no Hearing?

Don’t Do It!

The evil corporate landlord written Bill 184 has passed. It was written by the corporate landlord lobby group and the government keeps trying to pathetically spin it and avoid the real changes that hurt tenants.

The Ontario Landlord and Tenant is now open to begin mass evictions!

The Minister of Housing wrote an article in the Toronto Sun admitting that due to Covid-19 there was a backlog of cases now that the Landlord and Tenant Board (LTB) waas going to re-open.

This “backlog” will mean it will take months and months for your landlord to get a Hearing date.

What Happens If You Refuse A Payment Plan And Demand A Hearing?

Your landlord might will have to wait until 2021 to get a Hearing date (and can’t evict you even if you don’t pay rent!) You win and your landlord loses!

All tenants are protected when you go to an official Hearing at the Landlord and Tenant Board! You are not protected if you don’t go.

Why Tenants Should Always Demand Your Right To Hearing At the LTB?

You get free legal help and professional government mediators (for payment plans) and adjudicators (judges). They make sure landlords do not bully, intimidate or use ‘dirty tactics.

Government Helping Bad Landlords “Trick Tenants” And Bypass The LTB Without Tenants Knowing!

Instead of working with tenants to help us the Ford government brought forth Bill 184 which is pro-landlord and a fascist attack on Tenants and tramples on our legal rights.

These new laws allow landlords to try to trick tenants to by-pass a real legal hearing at the Landlord and Tenant Board so you give up your legal rights!

Landlords already using new law to threaten & bully tenants!

Why Is This New Law Dangerous for Tenants?

The new law allows landlords to get you to sign a payment plan without the protection of the LTB!

The ‘spin’ by Ford is:

(1) The landlord has to file it with the LTB and it must be accepted …but they will all be accepted!

(2) Tenants can fight the payment plan…but your time is limited and we are renters not lawyers (like the ones the landlords hire!) The Ford gov’t is not clearly explaining the options tenant have, because they want low income tenants kicked out and homeless

And if you are late for even a little bit of money the landlord can evict you immediately! You have NO LEGAL RIGHTS AND WILL GET KICKED OUT.

What Happens If I Just Sign A Payment Plan With My Landlord Directly (Instead of going to an LTB Hearing?)

You just signed…GOTCHA!!!  You just lost your legal rights, hit the streets!

Again: you lose all your legal protections.

If you agree to create a “payment plan” directly your landlord gets all the power.

How?

Landlord says “Let’s be friends and work this out. Now sign here!!!!”

Like we wrote, if you need a change of the payment plan your landlord can skip the legal process and evict you without you being able to defend yourself if you don’t act quickly and be an expert at “legalese”!

Tenants Have a Legal Right To A Hearing At the LTB (“a real court date”), Free Legal Help, And A Professional Fair Mediator!

The government wants tenants to void our right to an LTB Hearing in order to help landlords get quick, easy evictions because they didn’t hire enough adjudicators and want to trick tenants.

The government hates the fact that tenants have the legal right to defend ourselves. This means they have to pay for more adjudicators and they don’t get the psychotic enjoyment of seeing families dumped into shelters during a global pandemic.

But they are so afraid of bad media and bad publicity they are trying to say “oh tenants can have a hearing date” but landlords can pressure you to sign a payment plan directly with them and then evict you without your chance to defend yourself.

Don’t Give Up Your Legal Rights!

Remember:

(a) Avoid any attempts by your landlord to go to a mediated “payment plan” meeting with just you and the landlord. Just don’t do it. If your landlord wants a payment plan (and you want one) wait for your LTB hearing where you will get legal help and professional, unbiased government mediator to help you make a ‘good’ deal.

(b) Remember even if you want a payment plan, you can get it at your legal LTB Hearing (where you have a strong voice) and don’t need to do it directly with your landlord

(c) If your landlord wants to make a payment plan tell them want one too, but you want it down at the LTB! Put this in an email or in writing.

ALWAYS DEMAND TO GO TO THE LTB WHERE YOU ARE PROTECTED AND HAVE LEGAL RIGHTS IN CANADA!

Signing A Payment Plan Directly With Your Landlord And Not At The Landlord and Tenant Board Takes This Power Away From You!

These will take months for landlords to get, maybe up to a year or more. That is not your problem that is the governments problem for not having more adjudicators.

LTB Hearings are safe and professional and you even get free legal help

1. Every Tenant Has The Right To A Hearing At the Landlord and Tenant Board – Which Is Professional And Fair And Protects You

Unlike this USA style stabbing tenants in the face “payment plan” garbage, a real hearing at the Landlord and Tenant Board protects your Tenant Rights.

The Landlord and Tenant Board is very serious and professional. It’s a real court that will allow you to explain why you couldn’t pay and it’s highly unlikely you will be evicted as long as you have a good excuse.

2. Every Tenant Has the Right To Free Legal Help At Your Hearing

If you go to your Hearing at the LTB you can get free legal help from government paid for lawyers and paralegals. They can help you beat your landlord!

3. Every Tenant Has the Right To Negotiate In Front Of a Trained And Fair Government Mediator

Never negotiate directly with your landlord. Get the government involved! At your LTB Hearing you can attempt to negotiation a payment plan with your landlord…but you have a government “referee” to help guide you and make sure you know what you are signing and to make sure it’s fair!

Don’t Fall For Ford’s Tricks To Help His Donors (Big Landlords)

Ford and his cronies are slaves to the corporate landlords. They have changed the law just to cull and destroy tenants quickly (like hamburger).

Don’t fall for Ford’s tricks.

-SAY NO TO DIRECT PAYMENT PLANS WITH YOUR LANDLORD!

-SAY YES TO WORKING THINGS OUT AT THE LANDLORD AND TENANT BOARD WHERE BOTH LANDLORDS AND TENANTS HAVE A FAIR AND HONEST COURT WITH A JUDGE AND TENANTS GET A FREE LAWYER!

…Your hearing might be in 2021 and you don’t have to pay rent and your landlord can’t evict you.

..if you demand for a REAL LANDLORD AND TENANT HEARING AND DON’T GET TRICKED INTO SIGNING A SLEAZY “PAYMENT PLAN” DIRECTLY WITH YOUR LANDLORD SO THEY CAN EVICT YOU FAST AND TAKE AWAY YOUR RIGHTS.

Ontario Tenants Are Facing Evictions…But You Can Win As Knowledge IS Power!

Never, ever sign an agreement directly with your landlord. If they want to make a payment plan tell them you want an LTB hearing and you will negotiate at the LTB hearing with a professional government negotiator and tenants get free legal help!

Be Careful – N12 and N13 Forms Are No Longer Valid!

Tuesday, July 28th, 2020

Landlords Alert!

The Notice to Terminate at End of the Term for Landlord’s or Purchaser’s Own Use (N12) and Notice to Terminate at End of the Term for Conversion, Demolition, or Repairs (N13) are temporarily unavailable.
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These forms are being revised in accordance with amendments to the Residential Tenancies Act, 2006 made by the Protecting Tenants and Strengthening Community Housing Act, 2020. Previously downloaded versions are no longer valid.
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We have made sure MPPs are aware of how important these forms are for small landlords to run our rental businesses effectively.
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The Ministry of Housing has let us know the updated forms will be available shortly.
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As always, we’ll make sure landlords across Ontario will be contacted when they are available.

How Ontario Landlords Enforce Evictions – The Truth Is Scary and Violent

Thursday, July 23rd, 2020

 

GET READY FOR VIOLENCE AGAINST YOU AND YOUR FAMILY!

COURT ENFORCEMENT OFFICERS/SHERIFF DO EVICTIONS AND THEY HAVE NO OVERSIGHT AND ARE OUT OF CONTROL

With a mass of evictions coming to Ontario I need to speak out. This is a story that will ever rarely be told because the victims of this abuse will usually never be in a position to share our experiences with the Great Ontario Landlord Eviction Machine (The GOLEM).

Over the years I’ve sent information to MPPs, MPs, media and not a peep of a response. It shows that low income tenants are “disposable”.

When I sent my email in here asking my experience to be published here, even it will be controversial, the reply was “send it in and it will go online unedited”.

“My family got rich shilling Rogers. Our corrupt money meant we were never evicted!”

There Are Going To Be Mass Evictions Soon

A growing group of hard working and law abiding tenants have been organizing like never before. These brave people are fighting not only for their legal rights, but the rights of all of us. They are true heroes.

At the beginning of the Covid19 virus pandemic Premier Ford, Minister of Housing Clark and Mayor John Tory clearly stated that tenants who couldn’t afford it didn’t have to pay rent.

They Were Lying

At the time many tenants were happy to hear this news. Personally, I didn’t believe them. Ford can barely say a complete sentence and looks like he’s carry triplets, Tory is a puppet of the big developers and Clark is a puppet of the big landlords and told what to do by his corporate handler.

Now evictions have started and Ford/Clark made a new law called Bill 184 witch allows landlords to bully and intimidate tenants and it will create mass evictions.

I’ve Been Evicted Before…And Want To Help

As a long term tenant I have been evicted several times. Mostly this has been due the gig economy and being unable to not only pay rent, but to have to go to food banks just to survive.

Other times my requests for a safe property that is well maintained led some psychopathic small landlords to make things up and use that to evict me.

(Personally I think the “small landlords are nice” idea spreading is complete horse manure! My corporate landlords have been far more professional and not like small landlord rabid dogs! At least corporate landlords have people to contact if you’re mistreated.)

The Eviction Process Is Worse Than You Can Imagine!

I’m not in Toronto so things might be different but I don’t think so.

I have heard some pro-landlord media saying because Toronto tenants have said “don’t allow the police to enforce evictions” they used this to try to spin and discredit everything these brave protesters were saying.

Once the landlord got the eviction order they didn’t go to the police, they went to what is called the “Court Enforcement Office” which landlords like to get all cowboy like and call it the “Sheriff” (small landlords want a wild west environment for rentals).

(1) Landlords Use High Priced Legal Teams and Ford Appointed LTB Biased Adjudicators To Evict Low Income Tenants

They get the Order by using legal tricks and biased adjudicators who want to make Ford happy and get their 2 year contract renewed.

They know they are being watched and will not have their contracts renewed if they don’t follow the ‘unwritten rules’.

(2) If You Don’t Move Out By The Termination Date What Happens?

If you doesn’t move out by the termination date in an LTB eviction order, the landlord cannot personally remove the tenant and change the locks.

The landlord must file the LTB eviction order with the Court Enforcement Office and make arrangements for changing the locks.

The eviction order will specify a day by which the tenant has to move out. Usually, this is about ten or fourteen days after the eviction hearing.

If you don’t move out by that day, they can file for eviction on the day after the date.

For example, if the order says that the tenant must move out on or before August 15, landlords can file the eviction order with the sheriff on August 16. If April 16 is a weekend, they can file for eviction on the first business day after that day.

(3) Landlords Get To Hire Professional Bullies

Landlords have a super easy process to get the government to physically kick you out!

They will take the originals of the eviction order and attend at the Sheriff’s office. I looked it up and in Toronto, the Sheriff is located at 393 University Avenue, 19th Floor, Toronto.

(4) Here’s How Easy It Is

To apply for eviction with the Sheriff, landlords need to:

-Provide the originals of the eviction order.

-Fill out some paperwork describing what could be found in the rental unit, including children, pets, illicit substances, or weapons, so the Sheriff may determine the best way to proceed with the eviction.

-Pay the Sheriff’s fees. The fee varies depending on the rental unit location. In Toronto, it is generally in the neighborhood of $330.00. (Landlords will write this off).

(5) People Of Low Income, Women, People of Colour Beware!

The majority of the court enforcement staff are white men and in my case they were angry as hell. I have requested many times to get the demographics of their staff but they just keep refusing me.

Each time I have been evicted it’s been two white men who strut around, are usually middle aged, bald and took things too far. Be prepared to face this.

(6) Here Come The Government Eviction Clowns and Thugs

The Sheriff will then schedule a time and the landlord will call the Sheriff’s office and find out when the actual eviction will take place.

This will be in a week or two. They will give landlords “unofficial help” telling them to make sure you don’t miss that time, or the eviction could be delayed!

The Sheriff’s office will notify the tenant once the eviction date is scheduled.

“KNOCK, KNOCK…WE’RE TO PHYSICALLY ABUSE YOU IF YOU DON’T OBEY”

My Experience With These “Court Enforcers Is A Warning To All

-On the day scheduled day of the eviction, the landlord or their lawyer or thugs have to be at the rental unit when the Sheriff comes, together with someone who can change the locks.

-The Sheriff is usually two people in a white government car. They are mean, snarly and I doubt they have any real training.

-The will knock on the door and order the tenant to leave.

-If the tenant does not leave IMMEDIATELY of his or her own free will, the Sheriff is authorized to evict the tenant by force.

…They don’t even give you time if you need to wait for a moving van, or a friend, they are SAVAGE and want you out! It’s like some of the videos of “police” out of control in Portland and Seattle in the USA.

These thugs are cowards so if you try to enforce your rights for safety, etc. they get angry fast!

I was wrestled down by two thugs and one put a knee on me while and the other held me down as the locks were changed.

There was nothing I can do as thug #1 and thug #2 were cooperating with each other and let me go only when locks were changed and all my belongings were still in the apartment.

-The Sheriff will then oversee the changing of the locks and make sure that the landlord or its representative is in possession of the new keys. In front of you laughing will be your landlord who will sign for the eviction and the Sheriff will leave.

(7) After They Physically Force You Out…You Lose Your Sacred Belongings

After the eviction, you get access to the premises for three full days to pick up your  belongings. If you do not do so, the landlord can dispose of the belongings as you will.

Many tenants like myself were just afraid to go back and lost thousands of dollars in belongings.

Landlords sold my TV, my dvd collection, my bed, my a/c all on kijiji to make extra money off my spiritual carcass.

I also lost my picture books, my personal art work and even they took my computer.

“You want to complain about us holding you down? It will go no where! HAHAHAHA!

The “Court Enforcement/Sheriff” Are Not Your Friends!

In my experience they were mean and abusive and there is no real complaints procedures if they break the rules or harm you or your rights!

It’s important for tenants to know YOU CAN CALL THE POLICE ON THE ENFORCEMENT OFFICERS TO MAKE SURE YOU ARE PROTECTED FROM VIOLENCE! THEY THINK THEY CAN DO ANYTHING UNDER THE ‘GUISE’ OF ‘EVICTIONS’.

We Appreciate The Tenants Who Are Working So Hard

I wish I could participate in protestes but live too far and my disability doesn’t allow me much movement these days.

Trying to help as much as I can. You are brave, you are right, and you are truly appreciated by those of us too weak to fight.

Please make sure you tell tenants about how the eviction process really is and how it operated. In my experience, it was a frightening abuse of power with no oversight!

Every eviction with the sheriff should have tenant groups witnessing it to protect people from these thugs who know they can do whatever they want to tenants.

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.