Posts Tagged ‘evictions’

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.”
..

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! 

 

Announcement on Provincewide Emergency Brake

Friday, April 2nd, 2021

TO:                 Ontario Landlord Association Stakeholders

FROM:           Karen Restoule, Associate Chair

                       Lynn Dicaire, Registrar

RE:                Announcement on Provincewide Emergency Brake

Today, the provincial government announced it’s imposing a province wide emergency brake that will take effective Saturday, April 3, 2021, at 12:01 a.m. and in place for at least four weeks across the province.

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.

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. Thank you for your ongoing patience and cooperation. We remain committed to providing fair, effective and timely access to justice.

Sincerely,

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

Important Information For Small Landlords: Expedited Enforcement of Eviction Orders

Tuesday, March 9th, 2021

April 8, 2021

TO:                 Ontario Landlord Association Stakeholders

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

 RE:                 Expedited Enforcement of Eviction Orders

On April 8, 2021, the Government of Ontario issued Ontario Regulation 266/21 made under the Emergency Management and Civil Protection Act.

This regulation states that the Court Enforcement Office (Sheriff) cannot enforce any Landlord and Tenant Board (LTB) eviction order unless the order asks the Sheriff to expedite the enforcement. 

The Sheriff can resume enforcing all eviction orders after the Government of Ontario removes the regulation.

The LTB is continuing 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 purpose of this memo is to provide information on when an eviction order issued by the LTB may include a request to the Sheriff to expedite enforcement.

Section 84 of the Residential Tenancies Act, 2006 (“RTA”) says that the LTB must include such a request to the Sheriff in the order where the tenant is being evicted for certain types of very serious conduct, and the adjudicator has not delayed the enforcement date pursuant to section 83(1)(b) of the RTA. The grounds for eviction in section 84 are:

  • Willfully damaging the rental unit
  • Using the unit in a way which is inconsistent with residential use and caused, or is likely to cause, significant damage
  • Committing an illegal act in the unit involving the production or trafficking of illegal drugs
  • Seriously impairing someone’s safety
  • Substantially interfering with the landlord’s reasonable enjoyment – in cases where the landlord and tenant live in the same building and the building has three or fewer residential units

If a landlord believes that an eviction order should include a request to the Sheriff to expedite enforcement, but the application is not based on any of the grounds contained in section 84 of the RTA, the landlord may raise this issue during the hearing.

The adjudicator may consider whether the tenant is responsible for an urgent problem such as a serious and ongoing health or safety issue at the residential complex or a serious illegal act that occurred at the residential complex. The tenant will have the opportunity to make submissions on this issue if they are at the hearing.

If the hearing for the landlord’s eviction application has already been completed but the order has not been issued, the landlord may contact the LTB to ask the adjudicator who held the hearing to consider adding to the order a request to the Sheriff to expedite enforcement of eviction. Landlords can submit a request to expedite enforcement of the eviction by fax, mail or email. The tenant will have an opportunity to make submissions on this issue.

Eviction orders that have already been issued can only be changed if the order contains a serious error or a clerical mistake. If a landlord believes that an order contains a serious error, the landlord may file a request to review the order. If the landlord believes that the order contains a clerical mistake, the landlord may file a request to amend the order. More information on this process is available on the Application and Hearing Process page of our website.

We remain committed to updating you about operational planning and we are appreciative of your patience and cooperation as we continue to adjust our operations in response to the ongoing pandemic. For new information check out this site for updates.

Sincerely,

[Original signed by]              [Original signed by]

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

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Eviction Enforcement Resumes Across Ontario

Monday, March 8th, 2021

TO:                Ontario Landlord Association Stakeholders

FROM:          Karen Restoule, Associate Chair

                       Lynn Dicaire, Registrar

RE:                 Eviction Enforcement Resumes Across Ontario

Today, the Stay-At-Home order was lifted in Toronto, Peel and North Bay public health regions, meaning that the Court Enforcement Office (Sheriff) may now enforce Landlord and Tenant Board eviction orders everywhere in Ontario.

The government may make further changes to the list of public health unit regions subject to these restrictions in the weeks to come.

Please continue to refer to our website for operational updates. Thank you for your patience and cooperation.

Sincerely,

[original signed by]               [original signed by]                          

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

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

Thursday, February 18th, 2021

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!