Posts Tagged ‘N11’

How To Speed Up Getting Your Eviction Enforced

Monday, May 17th, 2021

May 14, 2021

TO:                 Ontario Landlord Association Stakeholders

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

RE:                 Expedited Enforcement of Eviction Orders

On May 13, 2021 the Government of Ontario announced that the stay-at-home order would be extended until June 2, 2021. Ontario Regulation 266/21 made under the Emergency Management and Civil Protection Act will also remain in effect during this time.

Ontario Regulation 266/21 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.

Sincerely,

Karen Restoule

Associate Chair

Lynn Dicaire

Registrar

Ontario Landlord and Tenant Board is OPEN!

Saturday, August 1st, 2020

After A Painfully Long Wait The Landlord & Tenant Board Is Open

Many small landlords have felt incredibly frustrated and rightfully angry as the Landlord and Tenant Board was closed for most cases such as non-payment of rent.

Most of us have full time or part time jobs that help us survive. Like others, we too suffered job losses, no school for our children, lock-downs and were worried about our loved ones being safe.

We also had our rental properties to deal with.

Small Ontario Landlords Finally Can Take Action Against Non-Paying Tenants

Ontario Landlord and Tenant Board Is Open

Here are the rules for the opening.

As of August 1st, 2020 the Landlord and Tenant Board Will:

(1) Begin to issue eviction orders that are already pending

(2) The LTB will begin to issue consent eviction orders that are based on tenants and landlords deciding to settle issues with an agreement.

(3) LTB will remain hearing ‘urgent’ matters that are related to health and safety issues that have already been scheduled.

(4) Begin to schedule hearings for non-urgent evictions.

(5) Start non-urgent hearings starting in the middle of August and into autumn.

As the LTB gradually re-opens it says it will make their services stronger:

(1) They will begin holding hearings by phone, video software and in writing

(2) The LTB is encouraging tenants and landlords to try to reach a settlement before applying for a hearing

(3) Using what are called “Case Management Hearings” for applications that don’t include rent owed

(4) Hiring and training more adjudicators

We will be watching what happens and encourage our members to share your feedback with us that we will share with the LTB and the Ministry.

Got Questions? Need Help?

With all the changes happening and after months of chaos we are here to help.

We have thousands of members and many very experienced and successful. This is why we exist…to help small landlords and get our message heard.

So instead of just complaining to each other about how unfair things are, or listening to people who aren’t successful, our members work to come up with winning landlord solutions.

And unlike people who don’t even own rental properties, we’ve got ‘skin in the game’ and find real world solutions because our incomes depend on it.

All for a one time registration fee that includes huge discounts on key services.

The Ontario Landlord and Tenant Board is Finally Re-Opening!

Make Sure You Know The Ropes And Run A Successful Rental Business By Running Credit Checks, Criminal Checks and Having A Network Of Successful Landlords On “Your Team”!

When kindness doesn’t pay (Part 3)

Saturday, July 30th, 2011

How could they do this to my property?

 August 1st, 2011

I was very happy to have hired property manager John Schutten.  John spoke with the tenants and managed to get Teddy and Nancy to sign a form called an N11 (“Agreement to End a Tenancy”) from the Landlord and Tenant Board.  John told me in Ontario even if the tenants sign a form saying they will leave, we needed to take it with a grain of salt because they could ignore it and continue to stay.  Both John and I thought it was likely I’d have to order the Sheriff to physically evict them from my rental property.

I knew we needed to get an eviction order through the Landlord and Tenant Board.  John attended the hearing at the LTB on May 17.  The tenants didn’t even bother to show up!  This was actually a good thing because many tenants will show up with fake maintenance claims in order to stall the whole process  and live rent free.  We were granted the eviction but couldn’t get the Order right there and then.  In Ontario you have to wait to receive the order via snail mail.

Finally May 31st arrived!  This was the day the tenants were supposed to vacate the property according the LTB Order.  My fingers were crossed they would obey the law and leave when the LTB said they had to get out!  John did an inspection and these tenants had not packed a single box!  We couldn’t consider the property abandoned so we had to take an expensive next step…ordering the Sheriff.  Off to the Sheriff’s office John went with the LTB Order in hand to book the Sheriff.  Cost?  $320!

In some places, you can wait weeks before the Sheriff’s office has time to come to your property.  Fortunately, Hamilton is a large city and they work every day of the week.  The Sheriff came and posted a letter on the door stating the tenants had 72 hours to leave and take all their belongings.  The tenants had until June 7 at 10 am to vacate.

I felt relieved this whole ordeal was about to end.  My happiness and relief ended when I thought how much money I was out dealing with the eviction process in Ontario.  The Sheriff cost over $300.  Plus the LTB cost me $170.  I had to pay John for his professional and experienced help.  I also didn’t receive April or May rent.  Now it was June and another month of no rent.  My tax bill and mortgage still had to be paid!

On the evening of June 6 (hours away from D-Day, or E-Day for eviction) I drove by my little property after work to see what might be happening.  Good news!  I saw a U-Haul truck pull up in the driveway.  It looked like they actually started moving furniture out of the house.  I saw their things all over the front yard and sidewalk.  My Lord, they were even having a garage sale!

The next day the Sheriff came.  At long last my property was ‘mine’ again.  These rotten tenants were finally gone!  I was beaming.  The smile on my face was only matched by the spring in my stride as I walked to the front door to take a look and then change the locks.

Then I went inside.  No. This was just too much….. They couldn’t have done this to me…..

Discuss this in the landlord forums here