Archive for the ‘Ontario Landlord and Tenant Board’ Category

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.

 

The Landlord and Tenant Board Listened To The OLA To Help & Protect Good Landlords and Tenants

Friday, June 11th, 2021

The LTB Has Changed The Law To Ensure Fair LTB Hearings

Over recent months some individuals and some organized groups have attempted to disrupt Landlord and Tenant Board Hearings in an obtrusive manner.

This included recording Hearings, posting recordings online and harassing landlords and adjudicators.

Many small Ontario landlords who have had a Hearing have commented that these disruptions severely interfered with integrity and fairness of the LTB proceedings.

As important stake-holders we reached out to the LTB with a fair and strong message, as we have done for over a decade.

Our recommended changes have now been made into law!

It’s important to note that this amendment does not restrict or change the ability of members of the public to observe hearings. So it’s fair.

Observers are not permitted to disrupt the hearing in any way, and the LTB has the authority to issue directions or orders necessary to control the hearing process.

The OLA is happy our advice have been made into law and actions have been taken to protect both good landlords and good tenants.

It’s also stopped bad people from both sides from obstructing justice.

 

DATE:            June 8, 2021

TO:                 Ontario Landlord Association Stakeholders

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

RE:                 SPPA Amendments

The Landlord and Tenant Board (LTB) is committed to delivering administrative justice in a manner that is transparent, fair, independent, and accessible in accordance with the open court principle.

As you may know, there have been incidents of individuals and some organized groups recording LTB hearings without permission and posting the recordings on social media.

Effective June 3, 2021, a new section 29 has been added to the Statutory Powers Procedure Act making it an offence to record or publish a tribunal hearing unless an exception applies. Exceptions include unobtrusive recordings made by a party, representative or member of the media if authorized by the tribunal. The amendment was included in the Ontario government’s Supporting Recovery and Competitiveness Act, 2021.

This provision is similar to restrictions on recording court proceedings contained in the Courts of Justice Act. This amendment will help Tribunals Ontario ensure the integrity and fairness of its proceedings.

It’s important to note that this amendment does not restrict or change the ability of members of the public to observe hearings. LTB hearings are open to the public, unless an LTB adjudicator has determined that a specific hearing should be closed to the public in accordance with the LTB Rules of Procedure.  Observers are not permitted to disrupt the hearing in any way, and the LTB has the authority to issue directions or orders necessary to control the hearing process.

Sincerely,

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

Part 1: My Tenants Haven’t Paid Rent For Months

Monday, June 1st, 2020

We are posting some of the thousands submissions sent from landlords across Ontario. Make your voice heard.

I know a lot of landlords really frustrated now and I am too. So we asked if our my submission could be published for people to read.

Hopefully others will see they aren’t alone in dealing with these challenges and those with power can see what is really happening.

Our Story – We Did Every Thing Right, The System Is Wrong

Like many others reading here we are not a rich. We are originally immigrants who saw Canada as a peaceful land which followed the rule of law instead of the law of personality and corruption.

We arrived and are both working class people who only bought our own home later in life. We rented for years and  made sure rent was a priority to pay.

We are still coupon cutters and saved every cent we could. Yes, I’m that person you see lined up at the grocery store the morning of a sale.

We have an old tv and almost never take any vacations  and we are fine with that because we want to plan for our future.

We have never bought a new car, always used. We didn’t even want to buy a car but found public transportation lacking and not convenient, especially in the cold winters.

Finally Built a Small Nest Egg

When we finally had some savings a few years ago we were looking to invest somehow. Our money was just sitting in the bank and we spoke with our bank representative about options.

She told us we could go into GICs, but they paid very little interest. And the stock market was something we were not comfortable with because it looks to us like a casino where only the insider players make money.

We were still looking for options.

Buying A Property To Rent

After long talks with each other, we came across the idea of buying a rental property.

We rented for years and remembered how tough it was to find a really nice place. We always worried about the landlord/property management because many of the rental buildings were not well maintained in our city. When we needed to move and find a new place due to work reasons it felt like Russian roulette.

So we decided we can try to buy a well located property and make it the nicest one around.

And we would be the best landlords around.

We wanted the property and how it was run to be exactly what we always looked for but never found. We planned to personally take care of the property, fix things quickly and with high quality materials, and charge an affordable price.

Our goal was people would see our place compared to others and get to know us for a mutually respectful business relationship.

Great Duplex, Great Rental, Great Location

We spoke with our bank and learned what we needed to qualify for the mortgage. I know tenants are talking a lot about mortgage fraud by small landlords and it does exist, especially for people with multiple rentals. This is wrong and makes us all look bad.

Fortunately for us we had high credit from always paying our bills and could qualify to buy a property in a certain price range.

We spent months looking and looking and the more places we saw the more we were confident we could be the best landlords around. So many of places for sale were run down, damages, smelled horrible, and not something we would have wanted to rent.

Our real estate agent finally showed us a property in a good area close to public transportation, shopping, and schools. It was vacant and we were told by our real estate agent the current owner was a foreign investor who wanted to sell.

We made our offer and after some wiggling it was accepted! We finally had our investment property, in a nice area and now it was our time to have the perfect rental property with (we hoped to be) amazing, caring landlords.

Fixing The Property

In our area it’s hard to find a really nice rental in a great area. Now we at least had the great area. Now it was time to fix it.

We did everything ourselves except the new shingles and the electrical and plumbing. We spent weeks scrubbing, painting, putting in new flooring and landscaping.

We spent more on our rental than in our own home for things like blinds, curtains, new counter tops, new appliances, and new clean light switches.

Both the upper and lower units looked like brand new houses.

We made them into places we always hoped to find but always ended up disappointed.

Great Property On The Market At An Affordable Price

We felt great even after coming home at midnight after doing sanding, painting and other fixing issues in the new property.

We had one of the best properties on the market, we wanted to be the best most friendly landlords ever, and were optimistic and excited.

We are both working class people wanting to help working class people like us!

Things Started Off Well

We found good tenants for both units in the upper and lower apartments. We made sure to use the right legal materials and rent credit checks with Rent Check.

It was a good first year. Unfortunately, the lower unit moved out after a year and the couple of teachers moved out after two years because they bought their own townhouse.

Our next tenants moved in and things were also good for a long while.

No Evictions, No Landlord And Tenant Board, No Law

They are legally “playing the system”

Things have changed in 2020. We had our first problems with the downstairs tenant who didn’t pay rent in February. He hasn’t paid since.

Then after Premier Ford say tenants didn’t have to pay rent in March our upstairs tenants have refused to pay. They told me it’s “their right.” They didn’t want to negotiate, didn’t want to work things out.

Our Tenants Are Now Not Paying Rent And We Can’t Evict Them And We are Owed Thousands of Dollars in Rent With No End In Sight!

This is all because the government is not allowing the legal system to operate… and we suspect our tenants are abusing the system because they know they can’t be evicted! Isn’t Canada supposed to be a nation of laws and not one of lawlessness?

Things were about to become worse. Doug Ford where are you to help me and my family not go bankrupt!

To Be Continued…

YOU *DO NOT* HAVE TO PAY RENT ON THE 1st IN ONTARIO (You Have A 2 Week Legal Cushion, And Months More)

Sunday, December 8th, 2019

In These Difficult Economic Times With Precarious Employment and Lay Offs Many Good Tenants Can’t Pay the Rent On Time…But You Can’t Be Kicked Out!

“No baby, we won’t be homeless as Mummy looks for a new job”

We live in difficult times.  Good landlords are aware of this and will support this post as it’s just an informative way your tenants can keep renting your over-priced property and making you rich for doing no real labour.

Landlords need to remember that while you do no work to take our money, tenants must struggle and work every day to try to feed our families and pay you your pound of flesh.

The Toronto Star recently had an article about being evicted and what tenants can do.  The advice was good but very limited as most mainstream media is these days.

This Is A War Against Tenants And the Working Class

The reality is workers are being laid off or even fired in place of third world factories with no human rights.

Even in Toronto many workers are given a low severance and an evil “good bye” as companies seek cheaper labour as they outsource.

Tenants are victims of the “gig economy” unlike Baby Boomers and Generation X who had it so easy in an era of low costs and high wages and even idiots and high school drop outs could get high paying jobs.

They put their businesses in places where workers are treated like slaves. Workers are whipped, chained, raped and beaten…all to make sure that new iPhone gets built for a low cost.

Landlords have a social responsibility

Good Landlords Will Understand Late or None Payment of Rent And Agree For Delays

Tenants are struggling. 

Smart landlords will have some empathy and understand if you can’t pay rent on time. They will give you a break and let you have a month or two of late rent, or even free rent for a few months.

Why Will They Give You A Break? 

Because the costs and risks of renting to new tenants is huge.  They might get a game player who never pay. Or get a nasty tenant who will damage their unit or upset others (including other condo owners). They should give you a break…but….

Landlords hate Tenants who know the rules!

If You Don’t Pay On The First Will You Be Kicked Out?

No!

There is a legal process landlords must follow.

If you don’t pay rent you will have months of rent free living and the opportunity to pay (and stay in your home) after many, many months!

I Didn’t Know That! What Is the Process? 

Landlords will file what is called an N4 to tell you to pay rent.  This give you 14 days to pay, but even if you don’t pay it’s okay!

The N4 is pure intimidation, you don’t have to move! LLs use this paper work to intimidate & threaten.

So If I Don’t Pay I Will Get Kicked Out?

No. 

Not at all, you are protected. You don’t have to pay for 14 days…and if you don’t pay in 14 days the landlord has to “apply” for a “Hearing Date” which can take 6 months or more (and you can pay right up to the date you will be evicted).  So you have months to pay the rent.

So What Happens If I Don’t Pay On The First Of The Month?

The N4 gives you two weeks to pay. You don’t have to pay the rent on the 1st of the month!

The landlord needs to then apply for a “court date” at the Landlord and Tenant Board.

These dates are between 6 to 18 months. That means you have a breather for a long time! 

In These Crazy Economic Times You Deserve a Break At Your Landlords Profits Expense!

Nothing can happen until you go to “court” at the Landlord and Tenant Board.

What Happens In The Period of Not Paying And the Hearing Date?

Nothing. 

You don’t have to pay a cent. And your landlord can’t harass you. 

If they do you can call the government Bad Landlord Police and get the landlord fined and even criminally charged!

You can also call the police.

So I Can Not Pay For Many Months and Still Stay In My Rental?

Yes. 

It’s not “your rental” it’s “your home”. 

The landlord will have to wait for months to get a “court date” at the Landlord and Tenant Board (LTB).

What If I Want To Stay, Should I Pay All Rent Before the LTB Hearing?

No. Don’t be foolish.  This is a “business negotiation”.

Go to the Hearing. You are the victim and your landlord is getting rich thanks to your suffering and poverty!  LTB judges know this!

The LTB has a room where tenants and landlords can “work things out” called mediation.

You can agree to pay the rent owed, but why not negotiate?  Say you will pay 20% to avoid a “trial” at the LTB. 

Many landlords will be happy to get the money and avoid the stress of going in front of an LTB adjudicator and potentially getting nothing.

Landlords are scared of trials where they will be held accountable for their crimes against humanity. Google “Nuremberg trials“.

How Can I Prepare For the LTB Hearing?

The best defense is a good offense.

Let’s walk you through this….Take a look around your home.

Do you see any maintenance issues?

Remember: no house is perfect so for sure you can find something.  Mold, stairs not up to code, fridge is not super cold, etc, etc. etc.  You can use this as a weapon!

Do I Have To Tell My Landlord About These Problems Before the Trial?

NO!

Don’t tell them. 

Bring them up at the LTB hearing and SHOCK your landlord.

This will immediately lead the adjudicator to cancel your hearing and book another one so the landlord can fix the things you brought up (hint: bring up a lot of stuff!)

You get another 3 – 6 months of rent free living. You need this help you SURVIVE in this crazy property owner controlled brutal capitalist world!

Landlords call this “trial by ambush” but it’s just part of the legal system to protect good tenants. And it will give you months of more free rent.

This is the best way for poor working class tenants to fight their rich “villa in Paris” or “apartments in China or Iran”.

More Help For Tenants

Remember you can get free legal help (and your landlord doesn’t and has to pay thousands).

Yes, it’s free!  And it will lead your landlord to have to pay for legal representation and while you get if free they will be charged $250 to $400+ per hour! 

You can bleed your landlord dry as they can’t afford these rates.  You pay nothing and they have to pay $300/hour and you can bankrupt them, as many tenants have done (not reported but we all know the score).

So I Don’t Need To Pay For Months And Can Still Live In My Rental Home?

Yes. 

The whole process will take at least 6 to 8+ months (you can live rent free). 

You Can Also Appeal

After 6-8 months to a year of living rent free, and using this money to pay for university and better food for your kids you still have option.  You can pay and stay or you can just leave.

Stay Strong! Don’t Be Intimidated! Learn How ‘The System’ Works To Protect Your Family!

Tenants Waking Up And Fighting For Our Rights

If you can’t pay rent don’t be intimidated. You have a system that protects you and you can even not pay and stay in your home for months (or years if you are smart).

Landlord and Tenant Board Requests Our Comments On New Documents – Make Your Voice Heard!

Saturday, September 15th, 2018

Rent Increase Guideline 2016 Ontario

Ontario Landlord Association Members Are Important Stakeholders In The Ontario Rental Industry And We Have Been Asked To Review And Comment On New Documents From the Landlord and Tenant Board

Residential landlords across Ontario are excited that we have new provincial leadership that wants to cut red tape and make Ontario ‘open for business again’.  

Dramatic changes to the way we do business will take some time, but we are already seeing an openness to improve the rental industry.  And they want Ontario Landlord Association members (who are important stakeholders) to play a key role.

This is a great beginning and we ask you to take time out of your busy schedule to share your opinions, concerns, and advice on how to improve the Landlord and Tenant Board. 

Let’s discuss these important consultations in the OLA Member forum and make sure to get our voices heard. 

Send us your comments at landlordvoice@lobbyist.com

 

Ontario landlord and tenant board 2018

To: Ontario Landlords Association Members

Changes to Rules of Procedure and Guidelines for Review and Comment

The Landlord and Tenant Board (LTB) has posted three documents for review and comment by members of the community and its stakeholders:

  1. Proposed changes to the Rules of Procedure
  2. Proposed changes to the Guideline 6: Tenant Rights
  3. Proposed changes to the Guideline 12: Eviction for Personal Use, Demolition, Repairs and Conversion

The Rules of Procedure have been extensively reformatted and now use plain language. The commentary that appears under each rule has been removed. The format and language of the proposed rules is also now consistent with the Social Justice Tribunals Ontario (SJTO) Common Rules of Procedure . Some substantive changes have also been made, including:

  • Allowing the use of a sworn statement instead of an affidavit (Rule 1.5)
  • Allowing parties to give each other certain documents by email where they both agree (Rule 3)
  • Removing the requirement that Co-operatives serve applications (Rule 12)
  • Changing the rules about the payment out of money paid into the LTB’s trust account (Rules 20.3, 20.4, 20.6 and 20.8)

Guideline 6 has been expanded. It now includes discussion of all the grounds in the Application About Tenant Rights (T2). References to applicable case law have been updated and there are extensive references and links to relevant LTB orders.

Guideline 12 has been changed to reflect amendments made to the Residential Tenancies Act on January 1, 2018.

We encourage you to have a look at the proposed changes and provide your comments and ideas by September 28, 2018.