Archive for the ‘Landlord and Tenant News’ Category

Tenants Are Preparing A MASSIVE Class Action Lawsuit Because Tenants Are Being Treated Unfairly, LTB Is A Puppet Of Landlords, We Need To Be Compensated For The Lies of March 2020!

Friday, July 30th, 2021

Tenants Were Provided with Bad Faith Advice From Ford In March 2020! The LTB and Landlords Have Abused This Bad Faith Advice To Trample Tenant Rights!

We Will Be Compensated By Both Ford And The Landlords Who Have Used This Bad Faith To Evict Tenants And Destroyed Lives!

Call To Action TENANTS!

We have been reaching out to Tenants to explain to them how to really handle bad landlords for maximum winning. Protests and “uniting together” physically is useful but not the ultimate nuclear bomb we need.

Landlords can just hire security, wait us out, and use our rent money to hire people to harass us.

You need to hit landlords in what is the only thing they care about: their money and their feeling they are superior and untouchable!

And how do you do it?

Make them pay fees and make them personally responsible!

You file a class action lawsuit against the owners of your rental building!

Stop feeling intimidated, stop being depressed, and fight back and win! Yes, you have power they don’t want you to know you have!

Be aggressive and put your landlord/building owner on the Stand in Court where they cannot lie or they will have a criminal charge of perjury! This is their nightmare!

Time For Justice! We Will Now Stop Begging For Fairness And Put The Ontario Government and The Landlord and Tenant Board On Trial!

In March 2020 Premier Doug Ford said tenants don’t have to pay rent if they can’t afford to.

Now, over a year later, tenants are being evicted just for following the order from Premier Ford.

He set us up.

He lied.

All so-called landlord claims will lose as the situation now is worse for Tenants than ever before

The key step that showed their actions was deleting all the “LTB interpretations” on the LTB website…meaning all former interpretations of the rules at the LTB were “vanished” and replaced with pro-landlord pablum!

Meanwhile the LTB continued to grovel to the powerful landlord interests. It so not only pathetic, it shows the LTB has become biased against Tenants since the pandemic began!

This is unfair and unacceptable! And we will prove in in the courts!

Tenants across Ontario are working with legal aid clinics to provide strategic assistance and to deliver a notice letter to The Province of Ontario pertaining to compensation for the financial losses of TENANTS and to make immediate changes to the unfair Residential Tenancies Act failing which legal action will be contemplated to provide fairness to TENANTS.

Fundraising for the legal costs begins SOON.

TENANTS have suffered immense and unpublicized losses due to the Government’s unilateral decision to close the LTB and clog the redress process by banning Tenant legal complaints about harassment, abuse, and lack of maintaining our homes.

All this unilaterally decided by the Government without any compensation to TENANTS.

The Government has repeatedly said  “We remain committed to providing fair, effective and timely access to justice”.

For TENANTS, it hasn’t been fair, it hasn’t been effective and there certainly hasn’t been timely access to justice.

TENANTS are seeking restitution and compensation for millions in rental losses due to no fault of their own retroactive to March 1, 2020.

Tenants Are Being Evicted Without Fair Process

Contract law is not being adhered to and this reflects a direct bias to us.

Additionally, we are not afforded the same legal rights as other contract holders, access to justice or access to the criminal laws. No other category is denied these rights.

No person can enter a grocery store and get kicked out just because it can take a couple of minutes to pull our debit cards.

Once COVID hit and the Provincial Government placed a moratorium on evictions, TENANTS faced extreme financial hardship.

The Government released a financial package for every group impacted by the pandemic: commercial landlords, students, big corporations, airlines, NGOs, unemployed, farmers, non profits, artists, civil servants etc….BUT NOT TENANTS!

Doug Ford Lied And The Landlord Tenant Board Is Trampling On Tenant Rights

NO COMPENSATION WAS PROVIDED FOR TENANTS AFTER PREMIER FORD SAID WE DON’T HAVE TO PAY RENT!

And the messaging from our Ontario Premier, very early into the pandemic, was that if rent could not be paid then the tenant would not need to pay the rent owed and the Provincial Government would not make these same tenants face eviction.

This was a lie and this lie has cause billions of dollars in damages and lives destroyed!

The LTB was already being investigated by the Ombudsman of Ontario, due to the increasingly lengthy delays in Tenants obtaining a hearing for anything from damages to property, non payment of rent, illegal activities in the rental property, etc.

But this failed.

We need your financial support. This is a call to action. It’s time to stop the bias towards TENANTS.

Tenants have reached out to legal clinics to provide strategic assistance to The Province of Ontario pertaining to compensation for the financial losses of TENANTSW and to make immediate changes to the RTA failing which legal action will be contemplated to provide fairness to TENANTS.
The funds will be used in an attempt to resolve the following concerns:
  • – compensation for TENANT arrears
  • – immediate changes to the residential tenancy act to help TENANTS
  • – a public online database of LANDLORD rental history
  • – prosecute repeat LANDLORD offenders
  • – grant more powers to the police for disputes at rental properties

If you are wondering what a class action lawsuit is, you’re not alone.

Class action lawsuits tend to be highly complex, and they require an experienced lawyer at the helm. The actual definition of a class action, though, is fairly simple: in a class action, a person or group of people sues on behalf of a large group of people who all suffered the same legal injury.

For example, someone could file a class action suit on behalf of everyone who:

  • Was billed for the same unauthorized charges
  • Saw the same false ads before paying for a product or service
  • Bought the same defective product
  • Suffered losses from investing in the same security
  • Paid too much for a product or service because of the same anticompetitive conduct

The person who starts the lawsuit is called the named plaintiff or class representative. The people proposed to be represented are called the class members. Class action lawsuits typically include hundreds or thousands of class members.

If you are having problems with a company—whether it’s a website, a company you invested in, or even your employer OR YOUR LANDLORD—many other people may be having the same problems.

In these situations, a class action suit is often the best solution because it can allow many people across the country to benefit from a single lawsuit. It also empowers individuals who may otherwise lack a means of speaking out to stand up against a powerful company in court.

Any injured person can initiate a class action suit, but specific requirements apply. Below we outline the class action requirements and what you can expect as a class member or a class representative.

This is a call to action. It’s time to stop the bias and unfair government attacks on TENANTS. 
It’s time Tenants put Ford, Clark and the LTB on the stand, under oath, to seek the Truth!
We will win!

Amendments to the Residential Tenancies Act, 2006 (RTA) which will take effect on September 1, 2021

Wednesday, July 28th, 2021

Ontario Landlords Association Members have been very, very active making our voices heard since the Covid pandemic hit Ontario.

Whether it’s defending landlords in major media, countering arguments by the NDP and some Tenant activist groups, or being in regular contact with MPPs and the Ontario Landlord and Tenant Board, we were there.

By defending small landlords in a professional, mature and sophisticated manner that destroyed the negative stereotype of the ‘typical small landlord’ we are starting to see important changes that will help small landlords across Ontario succeed. We did it and the best is yet to come.

Please see some of the changes coming on September 1st, 2021 below.

This is a good start, but we’ve still got a lot more to go!

If you have questions or need help join our Ontario Landlord Advice Forums to network with experienced and successful Ontario landlords.

TO:                 Ontario Landlords Association Stakeholders

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

RE:                 September 1 Amendments to the RTA – What to Expect

In response to amendments to the Residential Tenancies Act, 2006 (RTA) which will take effect on September 1, 2021, the Landlord and Tenant Board (LTB) consulted on changes and additions to its forms and instructions, interpretation guidelines and Rules of Procedure.

Consultations were open from January 19 to February 5, 2021. During the consultation period, the LTB received 24 written responses from landlord organizations, tenant organizations, legal representatives and individuals.

We read and carefully considered all the submissions. The feedback we received has helped us to make changes that better meet the needs of tenants, landlords and their representatives. We have captured those changes in a “What We Heard” document, now posted to the Consultations page of the Tribunals Ontario website.

We want to take this opportunity to remind everyone of the changes to expect on September 1, 2021. The backgrounder September 1, 2021 Amendments to the Residential Tenancies Act, provides an overview of those changes.

Here at the LTB, we are preparing to post new and revised materials stemming from the amendments:

New materials:

  • Form L10: Application to Collect Money a Former Tenant Owes and Instructions
  • Brochure: Collecting Money a Formal Tenant Owes
  • Certificate of Service, Post-Tenancy
  • Request to Use Alternative Service Form
  • Brochure: How to Serve a Landlord or Tenant with Documents

Revised materials:

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

The LTB will accept the current versions of the L2 and T5 forms until September 30, 2021. Beginning October 1, only the new versions of the forms will be accepted.

We will be back in touch on Wednesday, September 1 to provide links to these new materials.

The LTB would like to thank everyone who provided comments and suggestions during our consultation process. While we may not have addressed all concerns or implemented all suggestions that have been submitted, we remain committed to providing fair, effective and timely dispute resolution services to the people of Ontario.

Sincerely,

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

The Tragic Murder Of Tenant Al Gosling After Being Evicted By His Landlord

Thursday, July 8th, 2021

One old man died. Shame on us

Al Gosling died this past weekend; there was, finally, nothing his doctors could do and no more medicines to help, and so the machines that kept him alive were shut down.

Al’s friend, Harry Kopyto, was by his side when he died. Harry said, “I tried to reach him. I shouted in his ear. I held his hand. I hugged him. There were so many tubes and monitors. Who knows if he heard me?”

Farewell, old friend.

Now let me be blunt: old men die all the time – and Al was 82 years old – but I wonder if he would have died like this had he not been evicted by his landlord!

Let me remind you:

Al came home one day some months ago and found that the lock on the door of his bachelor apartment had been changed.

With nowhere to go, he slept for a week under the stairs in the building that had been his home. He went from the stairs to a shelter, where it seems he picked up an infection. He went from the shelter to a clinic and, finally, he went to the hospital, and his last bed.

From there to the grave.

Al was a long-term tenant.. In recent years, he may have had some trouble with his rent. I suspect the trouble was bureaucratic.

According to the landlord, Al neglected to fill out his annual declaration of income a couple of years in a row; the declaration is a requirement if your rent is geared to income. In the absence of such a valuable declaration, The landlord hit Al with market rent and he ran up arrears and was threatened with eviction.

The landlord says they tried to get through to Al, to reason with him. I am no judge of what they did or did not do. All I know is that, in the end, they threw him out.

Who cares?

You and I pay taxes. Our taxes fund social housing. That means you and I are the landlord, and Al Gosling was evicted in our name.

You might argue that the threat of eviction is a way to get an old man to the table, in order to reach a mediated settlement. I can argue just as easily that, for want of a piece of paper, Al Gosling was kicked onto the street.

The landlord says it has an eviction prevention policy; if so, why was Al Gosling evicted? And why is the landlord still serving eviction notices to other tenants, some of whom have special needs?

Is the landlord using the Landlord and Tenant Board as an instrument of social work? If so, I am disgusted.

There were several of the so-called helping professions on the fringes of this case; where were they when it mattered?

Was there no one person with the skills, the heart, the imagination, the initiative, the persistence or the ingenuity to find out if Al needed care, or intervention, or some simple human contact?

Here’s what I think: when many different people are responsible for a problem, no one is responsible for the problem.

I can’t think of one problem solved by kicking an old man onto the street.

I also wonder where Al picked up the infection that made him so ill? If it was in the shelter, how many others have fallen ill there? And would Al have picked up the infection that killed him if he had been allowed to remain in his home?

One last question:

How many other Al Goslings are there in our midst? We need answers. We need a public inquiry.

 

How To Speed Up Getting Your Landlord & Tenant Board (LTB) Hearing

Thursday, July 1st, 2021

Covid hit the province of Ontario hard. This led to the closings of courts and tribunals in 2020 leading to a huge backlog in cases.

While the LTB has made some important changes to help landlords in the past year, we are still faced with these long delays in getting an LTB Hearing. Many small landlords have gone for months not receiving any rent while their non-paying tenants remain in the property.

Small landlords need quicker access to justice. Fortunately the LTB has listened to our members comments and has created a way for small landlords to shorten the time to get a Hearing.

Join our expert discussion on this and other important topics in our landlord forums.

 

TO:                 Ontario Landlord Association Stakeholders

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

RE:                 New Guideline and Updated Form

As discussed during our stakeholder meetings over the past months, the Landlord and Tenant Board (LTB) created Interpretation Guideline 22 regarding Covid-19 Issues, and updated its Request to Extend or Shorten Time form and accompanying instructions.

Interpretation Guideline 22 – Covid-19 Issues

This is a temporary Guideline that addresses issues related to the COVID-19 pandemic and will be revoked on a date to be determined by the LTB.

Interpretation Guidelines are intended to assist parties in understanding the LTB’s usual interpretation of the law, to provide guidance to members and promote consistency in decision-making. However, a member is not required to follow a Guideline and may make a different decision depending on the facts of the case.

Interpretation Guideline 22, and all LTB guidelines, can be found on our Rules, Practice Direction, Guidelines webpage.

Request to Shorten Time 

The LTB’s Request to Extend or Shorten Time form and accompanying instructions have been updated to make clearer the criteria adjudicators consider when deciding these requests.

The Request to Extend or Shorten Time form and instructions can be found on our Forms webpage.

Thank you for your ongoing engagement with the LTB. These changes are a result of the many discussions that we have had with stakeholders about improving the user experience for LTB parties.

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

How Much Can Ontario Landlords Raise The Rent in 2022? Only 1.2%

Wednesday, June 16th, 2021

According to the guideline Ontario landlords can only raise the rent by is 1.2 per cent in 2022

Did you know the Ontario government caps how much private Ontario landlords can raise the rent each year?

But It’s My Private Property, How Can That Be True?

Yes, it’s true.

It’s your property that you paid for, that is yours but you are not free to raise rents on your tenants without government interference.

The rent increase guideline is the maximum most landlords can raise a tenant’s rent without the approval of the Landlord and Tenant Board (LTB). It is applicable to most rent increases between January 1 and December 31, 2022.

Alert For Small Ontario Landlords: The Increase Is Not Automatic

Rent increases are not automatic or mandatory. Landlords may only raise rent if they gave tenants at least 90 days written notice using the correct form. In most cases, the rent increase cannot be more than the rent increase guideline.

In addition, at least 12 months must have passed since the first day of the tenancy or the last rent increase. If a tenant believes they have received an improper rent increase, they may dispute it at the LTB within 12 months.

What Does the OLA Say About This?

Our most experienced and successful Ontario Landlord Association Members have been clear about this for over a decade.

With low annual rent increase rules, it’s important that Ontario landlords make sure they raise the rent each year according to the guideline.

We also want the government to allow landlords and tenants to freely negotiate rents between leases without government interference (and get rid of government “allowable rent increases” that are far below inflation and our costs.)