Posts Tagged ‘evictions’

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

Eviction Enforcement Resumes

Tuesday, February 9th, 2021

Date:              February 9, 2021

TO:                 Ontario Landlord Association Stakeholders

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

RE:                 Eviction Enforcement Resumes

On February 8, 2021 the government announced that residential eviction enforcement will resume in three public health unit regions on Wednesday, February 10, 2021:

  • Hastings Prince Edward Public Health
  • Kingston, Frontenac and Lennox & Addington Public Health
  • Renfrew County and District Health Unit

In these three regions, the Court Enforcement Office (Sheriff) may enforce all Landlord and Tenant Board (LTB) eviction orders. To find out which public health unit your rental unit is located in, enter the postal code in the Ministry of Health’s Public Health Unit Locator.

In all other regions of the province, previously announced restrictions on enforcement of LTB evictions orders by the Sheriff remain in effect. In those regions, the Sheriff cannot enforce an LTB eviction order unless the order asks the Sheriff to expedite the enforcement. If you believe the LTB should request an expedited eviction, please raise the issue at your hearing.

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

The LTB continues 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.

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                    Debbie Koukouves, on behalf of Lynn Dicaire

Associate Chair                    Registrar

Ontario Residential Evictions Will Not Be Enforced

Thursday, January 14th, 2021

Small Ontario landlords from all across the province were shocked when news broke that evictions would not be enforced during the latest emergency lock down.

After waiting for months and months, small landlords were happy to find the  Ontario Landlord and Tenant Board (LTB) finally re-opened and began having video hearings.

Not getting rent created severe financial challenges for thousands of small ‘mom and pop’ landlords all over Ontario.

You Waited For Months, Got The Legal Eviction (Because You Were Right) And Now Tenants Can Still Stay While Not Paying

Many small landlords have had to sell their rental properties or max out their credit cards just to stay solvent. Others trusted the system and held on and got their eviction order in the past couple of months.

Getting An Eviction Order From the LTB Is Step #1

When you get an eviction order and your tenants don’t move landlords must hire (and pay a lot of money to) the Sheriff aka “Court Enforcement Office”.

This is Step #2

The Sheriff has the right to remove tenants who don’t follow the eviction order. They “enforce” the order and make sure justice is served.

Step #2 Has Now Been Stopped In Most Cases

So you waited for months, finally got your LTB Hearing, you won and now you want to take your home back.

Not anymore. Enforcement is now cancelled in most cases (such as non-payment of rent).

These are challenging times and the LTB reached out to the Ontario Landlords Association to explain.

 

January 14, 2021

 TO:                 Ontario Landlords Association Stakeholders

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

 RE:                 Announcement on Temporary Pause Evictions

Today, the Ministry of Municipal Affairs and Housing announced a temporary residential evictions moratorium effective January 14, 2021 during the provincial declaration of emergency and while the stay-at-home-order is in force.

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.

As set out in regulation, most eviction orders will not be enforced by the Court Enforcement Office (Sheriff’s Office) while in effect.

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.

We are open to and welcome your feedback as we value your perspective on landlord and tenant matters. Thank you for your patience and cooperation.

We remain committed to providing fair, effective and timely access to justice.

Sincerely,

[original signed by]       [original signed by]

Karen Restoule

Associate Chair

Lynn Dicaire

Registrar

Experienced And Professional OLA Members Worry: How Long Will the Emergency Continue And Evictions Not Be Enforced?

We all hope the emergency lock down ends soon. But what if it doesn’t? That will mean small “mom and pop” landlords who provide high quality, affordable housing all over Ontario will suffer.

We are working class people who have invested to create the type of excellent and safe rental properties we always were looking for when we rented.

Allowing non-paying tenants to stay in our homes, or landlords who need to move back to their rental property home to frozen out will be a disaster.

Small landlords are not corporate landlords who have millions of dollars in their vaults and foreign investors to bankroll them.

We are people, who work, follow the system, and want to succeed.

We need to prepare now for an extended lock down to protect small landlords.