Posts Tagged ‘bad faith’

Never Back Down And Don’t Fall For Dirty LL Tricks

Sunday, October 10th, 2021

Fight Back For Your Survival!

Tenants Need To Be Aggressive and Fight Back As Rents Rise And Landlords Want to  ILLEGALLY Bully Us Out Of Our Homes To Die On the Streets So They Can Make More Profits

Many small landlords don’t follow the law. Instead they want to harass you and bully you. They hope you back down and kowtow to your “masters.”

A recent story shows how landlords don’t care about legal rules and why tenants must never back down!

Barrie Road apartment tenants are left scrambling to find shelter after being evicted by Palm Tree Investments.

Barrie Tenants Subject To Illegal Evictions and Intimidation!

The news out of Barrie, Ontario is shocking and shows Tenants how landlords don’t want to follow the law and instead intimidate Tenants.

Tenants at a Barrie Road apartment building are scrambling to find housing after they were given a letter of intent to evict for the purposes of renovations — what’s known as an N-13 form.

The four-plex apartment complex at 201 Barrie Rd. is owned by Palm Tree Investments, which purchased the property just before the COVID-19 pandemic, say the tenants.

“When they first purchased the property a couple of years ago, their first order of business was to send everybody in the building a notice that they were increasing the rent by 5.2 per cent,” explained Angela Coley, who has been a resident at the property for five years.

“When they realized they couldn’t do that, they served everybody in the building with N-13s,” said Coley.

According to the Landlord and Tenant Board’s (LTB) N-13 form, the landlord must give at least 120 days’ notice to terminate a tenancy.

If a tenant disagrees with the information in the landlord’s notice, the tenant does not have to move out. However, the landlord can apply to the LTB to evict the tenant, which is what has happened in this case.

The LTB has scheduled a hearing about this matter.

They Illegally Sent the “Sheriff” To Try To Intimidate Tenants To Move!

However, earlier this week, a sheriff showed up, say the tenants.

“The landlord’s agent that represents the building decided that when he was here yesterday with the sheriffs, that they would be back within 72 hours to evict us, even though we have had no due process or time in court,” said Coley, who doesn’t understand why a sheriff is involved and what their power is.

Coley says the landlords have been unreachable by email or by phone since.

These people are doing things under the table;

…they are career investors that know the ins and outs of how to get things moving because once you get a sheriff’s order, it’s hard to stop,” she explained.

An 80-year-old woman and a young couple had already moved out of their apartment before the N-13 was voided because of the moratorium on evictions enacted by Premier Doug Ford in the wake of the COVID-19 pandemic.

Since pandemic restrictions on landlords have been eased, the landlords have decided once again to attempt to evict the remaining tenants.

Landlords Lie To The Landlord and Tenant Board…They Lie!

“They are telling the tribunal that they are evicting us because the renovations they need to do are so extensive that they need us out, but yet, the renovations that are actually happening are just putting up a wall and are so simple that they don’t even need a building permit to do it,” Coley claims.

“They just want us out so they can charge more money.”
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Don’t Back Down And Demand Your Legal Rights!

Excellent advice from Patrick Patient.  This has become a war for Tenant survival!

 

 

Tenants Need To Know Your Rights And Fight Back!

Never be depressed, never feel intimidated! Use the system to fight back for your survival!

And get free legal help! 

 

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.