Posts Tagged ‘LTB’

Wednesday, September 1st, 2021

Tenants Speak Out & Share Their Concerns & Opinions on the Rental Industry

As part of our “Let’s Improve the Ontario Rental Industry” we have invited tenants to share their opinions on how we can make these improvements.

Most of us used to rent to and we have tried to become the landlords we always wanted to rent from but could never find.

These opinions are from individual contributors and are not the opinions of the Ontario Landlords Association.

We believe by fostering communication between landlords and tenants we can improve the Ontario rental industry in a win-win business relationship.

To contribute your experiences and advice please email us at:  tenantexperiences@groupmail.com (All contributions must be a minimum of 300 words and include your name, contact number, address, a copy of your lease, all which will all be kept private and destroyed upon confirmation.)

The post below has been recommended by the Tenant Community as extremely helpful and important information. 

By Working Together Tenants And Small Landlords Can Get A Better Understanding of the Issues And Improve The Ontario Rental Industry.

Let’s all face issues straight on and work to make the Ontario Rental Industry not only an example for Canada, but for the world!

 

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

Thursday, April 8th, 2021

April 8, 2021

TO:                 Ontario Landlord Association Stakeholders

FROM:           Karen Restoule, Associate Chair

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.

If you have any questions, please contact us at LTB@ontario.ca.

Sincerely,

[Original signed by]              [Original signed by]

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

Become An Ontario EXPERT LANDLORD And Succeed And Make Profits!

Thursday, March 4th, 2021

During These Challenging Times You Need To Become An ONTARIO EXPERT LANDLORD To Run A Profitable, Successful Rental Business. Take Control Of Your Financial Future!

Being a small landlord in Ontario is not a hands-off investment. Especially these days. There are so many tenants who abuse the system you need to be careful at all times.

Let’s look at some of the most common challenges we face:

1. It’s becoming common for tenants to decide they don’t have to pay rent

2. It takes months to get a Hearing date at the Landlord & Tenant Board

3. Some tenants are becoming aggressive and threatening

4. The government is offering no support or help for small landlords

5. Eviction dates for people who haven’t paid rent in 2019 or 2020 might be delayed until 2021

Is The System Fair? No, But You Can Still Succeed!

The laws in Ontario are very “bad tenant friendly.” By this, we mean bad tenants who know how to manipulate the system and stay for months and months rent free.

We keep reading about non-OLA members saying:

“It’s not fair, they aren’t paying, the system needs fixing, I’m out $20,000, they haven’t paid for months, they trashed the property, oh I’m so sad!” 

We teach landlords the system isn’t fair (and hasn’t been for over a decade) and the rules can create a horrible nightmare for honest, hard-working small landlords and our families.

Complaining, Protests, Letters To The MPPs,  Credit Reporting,  Ombudsman, Chasing After Debts You Won’t Collect…Will Not Help You Succeed!

The government is 100% aware of the nightmares small landlords face. So protests, emails, calls to the Ombudsman, etc. won’t help us.

Yes The Provincial Government Is 100% Aware Of What’s Going On

But they don’t care!

They don’t want a wave of evictions to happen and bad headlines in the media…so instead small family landlords are expected to “eat the costs” for their political ambitions. That means you are stuck paying the bills for others.

You Can Still Run A Profitable And Successful Rental Business in Ontario

Become an expert and learn the rules and learn how to use the rules to help you succeed.

Learn How To Win and Profit!

If you want to succeed it’s up to you to learn how to successfully maneuver in a challenging environment. Those who understand the system can use it for success, as many OLA members are wealthy due to their rental properties.

The landlords who are protesting & complaining are not OLA members. They didn’t screen carefully & didn’t know what to do when their tenants didn’t pay rent. Most won’t see a dime of money owed to them!

With the way things work in Ontario, many landlords who fail to treat running their rental business super seriously will fail. But those who take the time to become experts can succeed.

Don’t Fret, Don’t Give Up…Become An Expert Landlord And Run A Profitable Rental Business!

The rental industry is complicated and you need to become a sophisticated investor/landlord. You need to become an Expert Landlord who knows the rules better than any bad tenant does.

By learning the ropes and learning the rules you can run a very successful and profitable rental business and AVOID problems later on.

There Are New Rules To the Residential Tenancies Act (RTA)

Landlords need to be aware there are many changes to the RTA thanks to Bill 184.

Landlords also need to be aware that any mistake we make in our filings with the Landlord and Tenant Board must be “perfect” or they will be rejected! We must also prepare extremely carefully for our LTB hearings.

Become A Landlord Expert Or Lose At The Landlord And Tenant Board!

With hearing dates taking over a year you need to make you sure you WIN at your hearing. If you don’t it will take forever to get another hearing date…so make sure you win!

Tenants Get Free Legal Help At the LTB Hearing

LTB Hearings are confrontational: landlords vs. their tenants. Many small landlords are shocked at how the system wants you to lose and you to pay (so the government doesn’t have to pay for housing…you do).

But it’s not really you versus your tenant, it’s you versus a very experienced lawyer or paralegal who know the laws inside out. And they get rewarded for winning over landlords.

Do not underestimate the dirty tricks they will use to win for their tenant client and do whatever it takes to win for their tenant.

All Tenants No Matter Their Income Get Free Legal Help At the LTB

Small Landlords Need To Take Matters Into Our Own Hands

This is especially important as Bill 184 is now law and it will take months and months to get a Hearing (so when you get your hearing date you need to win or you could face another six or eight months of non-payment of rent!)

Learn The New Rules With Bill 184 And What You Need To Learn To Get An Eviction At the LTB

Created by experienced and successful landlords who know the legislation, know the rules, know the laws… but also know being a landlord is a “people business” that non-landlords will never understand. You can download this 24/7 along with all our other helpful advice and services.

Do You Want To Be A Successful Landlord? 

Our CD along with help in our forums will help you succeed.

Become an Ontario Landlord Expert And Learn The Ropes of Running a Profitable Rental Business in Ontario – Yes It Can Be Done! Start Winning!

Now Part Of Our EXPERT Landlord Membership!

All For A One Time Registration Fee.

And You Get Access To Our Forums:

Need  Help From Experts?

You Also Get Access To Thousands Of Expert Landlords on Canada’s Largest Landlord Forum To Help You!

For A One-Time Fee, Experienced and Successful Landlords Are Willing To Help You! Landlords Who Have Been In The Landlord Business For Decades Are Willing To Mentor You and Help You.

Get a Mentor with the OLA to help you!

Join Our Community And Succeed and Become an Expert Landlord.

JOIN OUR EXPERT SERVICES NOW!

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!