Posts Tagged ‘N4’

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! 

 

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!

 

The Landlord and Tenant Board Listened To The OLA To Help & Protect Good Landlords and Tenants

Friday, June 11th, 2021

The LTB Has Changed The Law To Ensure Fair LTB Hearings

Over recent months some individuals and some organized groups have attempted to disrupt Landlord and Tenant Board Hearings in an obtrusive manner.

This included recording Hearings, posting recordings online and harassing landlords and adjudicators.

Many small Ontario landlords who have had a Hearing have commented that these disruptions severely interfered with integrity and fairness of the LTB proceedings.

As important stake-holders we reached out to the LTB with a fair and strong message, as we have done for over a decade.

Our recommended changes have now been made into law!

It’s important to note that this amendment does not restrict or change the ability of members of the public to observe hearings. So it’s fair.

Observers are not permitted to disrupt the hearing in any way, and the LTB has the authority to issue directions or orders necessary to control the hearing process.

The OLA is happy our advice have been made into law and actions have been taken to protect both good landlords and good tenants.

It’s also stopped bad people from both sides from obstructing justice.

 

DATE:            June 8, 2021

TO:                 Ontario Landlord Association Stakeholders

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

RE:                 SPPA Amendments

The Landlord and Tenant Board (LTB) is committed to delivering administrative justice in a manner that is transparent, fair, independent, and accessible in accordance with the open court principle.

As you may know, there have been incidents of individuals and some organized groups recording LTB hearings without permission and posting the recordings on social media.

Effective June 3, 2021, a new section 29 has been added to the Statutory Powers Procedure Act making it an offence to record or publish a tribunal hearing unless an exception applies. Exceptions include unobtrusive recordings made by a party, representative or member of the media if authorized by the tribunal. The amendment was included in the Ontario government’s Supporting Recovery and Competitiveness Act, 2021.

This provision is similar to restrictions on recording court proceedings contained in the Courts of Justice Act. This amendment will help Tribunals Ontario ensure the integrity and fairness of its proceedings.

It’s important to note that this amendment does not restrict or change the ability of members of the public to observe hearings. LTB hearings are open to the public, unless an LTB adjudicator has determined that a specific hearing should be closed to the public in accordance with the LTB Rules of Procedure.  Observers are not permitted to disrupt the hearing in any way, and the LTB has the authority to issue directions or orders necessary to control the hearing process.

Sincerely,

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

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

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