Posts Tagged ‘LTB’

Bill 184 – The “Tenant Slaughter And Un-Protection Act”

Tuesday, July 21st, 2020

Disclaimer: “This isn’t an attack on landlords. This is an attack on the system that got us here.”

“Let’s make a payment plan. Let’s avoid the LTB, work together (tenant signs)….GOT YOU… Hahaha I can now evict you fast, you have no legal rights now! SUCKER! The Sheriff is coming now to kick you out!”

Tenants need to be aware of the huge challenges we are soon going to face!

While the Premier has acted all kind and cuddly (like that fat drunk uncle we all see during the holidays who laughs as he passes gas and then beats your aunt to bloody pulp when they get home) it’s only an act.

The reality is those of us who rightfully didn’t pay rent (or full rent) are being prepared for the slaughterhouse (legally)!

It’s called Bill 184 and you can bet it will soon be the law and the slaughter of tenants will begin.

The government will not forgive tenants not paying and instead are going to demand tenants agree to “payment plans” that bypass the legal process of going to the Landlord and Tenant Board for a legal Hearing (where tenants have rights and free legal help)

The NDP came up with a plan to help tenants cover rent by using government funds to help during the horrible pandemic.

Even some landlord groups such as the Ontario Landlords Association proposed this as a way for tenants and their landlords to avoid conflict and avoid evictions.

Lots of other industries have received government support, so why not residential tenants and their landlords?

No, that would have been too easy and too nice. Why be nice when they want a slaughter and I think they enjoy seeing us suffer!

Suze Morrison is an NDP MPP who wants to protect tenants. Morrison is very aware of the reality and the coming avalanche of mass evictions based on landlords legally being able to trick tenants into forfeiting our legal rights.

Thousands of tenants in Ontario are lying awake at night, worrying about losing the roof over their head when the province’s weak pause on the enforcement of evictions ends.

They wouldn’t be this position if Doug Ford had answered the NDP’s call to provide a rent subsidy to tenants who have lost income or their job due to the COVID-19 pandemic, but here we are.

As if this wasn’t bad enough, the Ford government has found a way to make things even worse.

Now, in the middle of the pandemic, the Conservatives are attempting to quietly ram through legislation that will make it easier for landlords to evict tenants.

Don’t be fooled by the name of the legislation. Bill 184, the Protecting Tenants and Strengthening Community Housing Act, is bad for tenants.

Tenants already faced an uphill battle at the Landlord and Tenant Board, squaring off against often deep-pocketed landlords and their high-priced lawyers. If passed, Ford’s eviction bill will leave tenants with fewer defences to avail themselves of and fewer opportunities to plead their case.

Consider the case of a landlord who refuses to fix a malfunctioning radiator in a tenant’s unit. If the tenant withholds their rent, the landlord can haul them in front of the Landlord and Tenant Board.

Under Bill 184, the tenant may be prevented from pointing out other issues, like the landlord’s failure to maintain the unit in a good state of repair, at the hearing on non-payment of rent.

Bill 184 also takes away a tenant’s right to return to the Landlord and Tenant Board if they miss a payment after coming up with a repayment plan to catch up on back rent. This is especially concerning in the context of the pandemic.

Thousands of tenants in Ontario will be trying to catch up on back rent after losing their income or job. What if they feel pressured to accept a repayment plan and fall behind on payments despite their best efforts? What if their financial circumstances change because there’s a second wave of COVID-19?

Under Bill 184, there’s no opportunity to revisit the repayment plan at the Landlord and Tenant Board. Tenants could find a sheriff knocking on their door, ready to enforce their eviction, the second they miss a payment.

The Ford government can claim that its eviction bill is about “protecting tenants” all it wants. But even Steve Clark, the minister of Municipal Affairs and Housing, admits that the legislation is about moving things along at the Landlord and Tenant Board when the government switches the lights back on.

In this very paper, he wrote: “We know that when regular hearings resume at the LTB, there will be a backlog of cases requiring resolution. That’s why this legislation is important today — in light of COVID-19.”

Yes, there will be a backlog of cases. The enforcement of evictions may be on hold for now, but that hasn’t stopped landlords from threatening tenants with eviction — even for partial rent payments.

And what is the Ford government doing with thousands of evictions on the horizon in Ontario? Instead of helping tenants keep up with rent, and in turn ensuring landlords get paid, the government is greasing the gears of the Landlord and Tenant Board to speed up evictions.

Tenants deserve better than a government that claims it’s protecting them when it’s really making them more vulnerable to losing the roof over their heads.

It’s time for the Ford government to scrap its plan to make evictions easier and step up with rent relief to help see tenants through the economic pain of COVID-19.

Be Careful – N12 and N13 Forms Are No Longer Valid!

Tuesday, April 28th, 2020

Landlords Alert!

The Notice to Terminate at End of the Term for Landlord’s or Purchaser’s Own Use (N12) and Notice to Terminate at End of the Term for Conversion, Demolition, or Repairs (N13) are temporarily unavailable.
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These forms are being revised in accordance with amendments to the Residential Tenancies Act, 2006 made by the Protecting Tenants and Strengthening Community Housing Act, 2020. Previously downloaded versions are no longer valid.
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We have made sure MPPs are aware of how important these forms are for small landlords to run our rental businesses effectively.
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The Ministry of Housing has let us know the updated forms will be available shortly.
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As always, we’ll make sure landlords across Ontario will be contacted when they are available.

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).

Ontario Landlords Association On The Front Page Of The Toronto Star: Discrimination Is Unacceptable

Sunday, June 30th, 2013

 

Ontario Landlords Association Defends Good Landlords And Pushes Education To Improve the Ontario Rental Industry 

There is an important story that every small residential landlord should read.  It’s in the Toronto Star which you can read here. 

It’s a story about discrimination based on some ones colour.  It’s not unfair and ridiculous, it’s illegal in Ontario

An Ideal Potential Tenant.

It’s about what experienced and successful landlords would consider and ideal tenant!  Her name is ann Why Would Any Landlord Not Rent To Her?  She Seems Like A Perfect Tenant  Human Rights Code Ontario Landlords Association Members Fight Against Discrimination

Ontario the Landlord and Tenant Board’s role is to provide information about the Residential Tenancies Act (RTA) and to resolve disputes between most residential landlords and tenants. 

Many small residential landlords have experienced frustration when going to the Landlord and Tenant Board. Thousands of emails and thousands of OLA members have made it clear things need to change.

It can be a complicated and intimidating process for small landlords.  It can be especially stressful as tenants in Ontario can get free legal help at Hearings.

With legal reps for landlords charging up to thousands of dollars with no guarantees and often unsatisfactory results, more and more landlords are choosing to represent themselves at the LTB.

We know because the emails keep pouring in regarding landlords who paid thousands and are extremely unhappy!

This is why we are pleased that as part of its ongoing efforts to improve service, the Board has introduced changes to some of its processes and the forms and Rules of Practice that support those processes.

Earlier in 2013 the Board posted draft versions of the revised L1 / L9 Information as of the Hearing Day form and a new Rule, Rule 33 – The L1/L9 Information as of the Hearing Day Form for public review and feedback.

Based on the comments received, the Landlord and Tenant Board has finalized the form, and finalized the Rule.

The good news is the form can now be easily completed online compared to the complications of the previous one.

Click here to access the L1 / L9 Information as of the Hearing Day Form.

Click here to access Rule 33 – The L1 / L9 Information as of the Hearing Day Form.

Make Your Voice Heard

The Landlord and Tenant Board says they thank everyone who provided comments on the L1/L9 process and the update form.

We know many of our members participated in providing these comments.

The result – a better system that particularly helps small landlords new to the process.

Let’s keep making sure our voices are heard.

The people who run the system need to know the challenges small residential landlords face. We have a new Premier who has proven she listens and invites us to talk more.

Let’s keep communicating our message and change the system to encourage more investment in safe and affordable rental housing in Ontario.

Whether your are a landlord in Barrie, Toronto, Ottawa or anywhere in Ontario let’s continue to let people know it’s important to support small landlords who risk a lot to provide safe and affordable rental housing all over Ontario!

Don’t Raise Landlord and Tenant Board Filing Fees for Landlords!

Tuesday, April 10th, 2012

April 13th, 2012

The 2012 Ontario Budget

During his budget, Liberal Finance Minister Dwight Duncan focused on repairing the debt problem the province of Ontario faces. Minister Duncan spoke about full cost recovery from fees charged from programs.

Tenant Activists Support More Fees for Landlords

Leading influential tenant activists have commented on the budget speech and have stated that if we have an austerity budget “everybody has to do their bit…how about landlords?”

Does this Mean More Fees for Small Landlords?

We have also received word, via emails sent in, social media, and posts on the Ontario Landlords Association forums, fees for Landlords to file at the Landlord and Tenant Board may be going up.

Enough is enough

It wasn’t long ago LTB filing fees were $150. They were then raised to $170 with little protest from landlords.

Times have Changed.  We will no longer be silent.

Any increase in LTB filing fees will not go unnoticed and silent as they did before. Already many small private residential landlords are struggling to keep above water with the long and arduous LTB process. Raising filing fees is unacceptable since few landlords can ever collect the fee back, even after winning at the LTB and getting an eviction.

Does the Government Value Small Private Residential Landlords?

If they do, not raising fees is a good first step.  The current rules are  “one size fits all legislation” which lumps small private residential landlords with large corporate landlords.

How Can the Government Promote Savings in the Landlord/Tenant Industry?

Let’s focus on making the eviction process more efficient! Rather than put more fees on Landlords, let’s have a meeting of all stake-holders and help the province save money with a more efficient and productive LTB.