Posts Tagged ‘N4’

TENANTS CAN NOW GET A FREE LAWYER TO HELP YOU FIGHT YOUR LANDLORD!

Monday, March 1st, 2021

EVICTION HELP: THE TENANT-LAWYER CONNECTION PORTAL

There was an excellent story by CBC news explaining how Tenants can now get free legal help from an Ontario lawyer.

YES, FREE LEGAL HELP FROM AN ONTARIO LAWYER.

Unlike the venomous “work for the highest bidder” low-life legal reps that want to evict tenants, hurt families and destroy lives, there are lots of good lawyers out there.

They are successful already and don’t have to be “bottom-feeders” like what many landlords are hiring to try to destroy tenant lives. Tenants face so many scary challenges these days. It ranges from defamation and illegal tenants lists (direct link here)  to landlords not keeping the rental property safe from fires.

Good lawyers believe in justice and fairness and they can protect you from the low-class sharks that are used as weapons against Tenants during the current corrupt LTB Hearing system.

They aren’t desperate to make a “quick buck” abusing the system to please their landlord paymasters.

A Lawyer Is Like Your Bodyguard Against Landlord Bullies!

“DON’T BULLY MY CLIENT LANDLORD! OBEY THE LAW OR GET WRECKED!”

Having your own lawyer makes sure your landlords treat you with respect! If they think you are weak they will bully you, but if they know you are protected they will change their tune fast!

The Ontario Bar Association has launched a new pro bono legal service to help tenants at risk of losing their homes when residential evictions resume across the province in the coming weeks.

The enforcement of eviction orders was paused in Ontario when the provincial government introduced a stay-at-home order on Jan. 14 to slow the spread of COVID-19.

Evictions have since resumed across most of the province, though the moratorium will remain for Toronto, Peel Region and North Bay-Parry Sound until at least March 8.

Ontario’s Landlord and Tenant Board is expected to begin processing a growing backlog of cases as enforcement resumes more widely across the province.

“There will be a wave of hearings,” said Doug Ferguson, the bar association’s chair of pro bono work.

“And there will be a wave of evictions.”

The new service offers 30 minutes of free legal advice for tenants facing eviction hearings.

‘Tenants are stuck’

Ferguson said lawyers who volunteer for the program will walk clients through their tenant rights, and help them to negotiate agreements with landlords, such as deferring payments or delaying an eventual move-out date.

The goal, he said, is to better prepare tenants for hearings that have the potential to fundamentally disrupt their lives.

“The tenants are stuck,” Ferguson said. “When you don’t have the legal training or the information you need, it makes it very difficult to make your point.”

The bar association says it has enough volunteer lawyers to assist 100 clients per week. Some tenants in particularly complicated situations may receive more than the 30 minutes of free counsel, if the lawyer agrees to help them further.

The provincial government says it encourages tenants and landlords to reach “fair arrangements,” such as deferring rent or finding alternative payment arrangements.

Thousands of Toronto tenants facing evictions

Renters across Canada have reported difficulty making their rent throughout the pandemic, mainly due to job losses and increased economic instability.

A survey released in January by the Canada Mortgage and Housing Corporation found that rent arrears increased nationally due to COVID-19, with 58.3 per cent of survey respondents reporting a higher rent arrears rate in 2020 than the previous year.

Toronto recorded the highest arrears rate, with 34,858 units, more than 10 per cent of the city’s rental stock, in arrears in 2020. The estimated amount of unpaid rent reached $55 million in Toronto last year.

Kiri Vadivelu is among the thousands of local tenants in arrears and now facing eviction. He hasn’t paid rent at his Scarborough apartment since April 2020 when he lost his job as a security guard.

“It is extremely, extremely frightening because if my landlord can evict me, I have no means to pay, and I have [nowhere] to go. What am I going to do?” said Vadivelu.

He and his wife are awaiting the birth of their first child this spring.

“I’m afraid our family is going to be homeless.”

Vadivelu is also an organizer with the tenant advocacy group Toronto ACORN, which has called on the provincial government to ban all residential evictions, hearings and orders until the pandemic ends.

The Ontario NDP has made similar demands.

Ferguson, of the bar association, did not echo those calls, though he did raise similar concerns about the possibility of tenants across the province being pushed out of their homes.

“At this point in the pandemic, to have thousands of people homeless cannot be good for our communities,” he said.

“Not good for public health and not good for our economy.”

Don’t Estimate The Depths Landlord Desperate Legal Reps Will Go!

“I will evict each and everyone of these tenants so I can finally make enough cash to buy my Ferrari and Miami beach luxury condo!”

Tenants know that landlords (including small landlords) are hiring expensive legal help to try to steamroll Tenants and kick us out of our homes.

Get Help Here.

With LTB hearings now online, many Tenants claim adjudicators (judges) at the Landlord and Tenant Board are stomping on our legal and human rights!

Make sure you get a free lawyer and make sure your landlord knows you have a lawyer helping you so they must RESPECT YOU!

How Ontario Tenants Can Break Your Lease in 2021

Monday, March 1st, 2021

Get Tenant Tips And Tricks From Experienced Tenants On How “Things Really Work” And How You Can Protect Yourself in 2021!

How Ontario Tenants Can Easily & Legally Break Your Lease In 2021!

Because of the hard work of Tenants we finally have some new changes that are fair and promote justice for Tenants.

All the law-abiding landlords out there will support this post because it’s just explaining the rules and laws to help tenants, just as landlords help each other.

Landlords Can’t Lock Tenants In To Fixed Term Leases

In April 2017 we saw the provincial government finally listen to our concerns and they created the Rental Fairness Act which makes changes to the Residential Tenancies Act.

Now landlords can’t collect arrears for rent due once Tenants receive a “Termination Notice”.

You can see in the Residential Tenancies Act, Section 37, that states that once the landlord gives the Tenant a notice of termination, the tenancy ends of that date of termination the landlord put in the notice.

With the Rental Fairness Act we finally get some real clear facts on once the Tenant gets the termination date, you break your lease:

134(1.1) No landlord shall, directly or indirectly, with respect to any rental unit, collect or require or attempt to collect or require from a former tenant of the rental unit any amount of money purporting to be rent in respect of,

(a) any period after the tenancy has terminated and the tenant has vacated the rental unit; or

(b) any period after the tenant’s interest in the tenancy has terminated and the tenant has vacated the rental unit. 2017, c. 13, s. 24 (2).

What Does This Mean For Tenants? It Means You Can Get Out of Fixed Term Leases

The best thing that all Ontario Tenants should know is this gives you an easy way to break your fixed term lease.

And landlords cannot go after you in small claims court or the Landlord and Tenant Board for breaking the lease, because it’s landlords who told YOU TO MOVE.

For example you might want to move because the landlord is a jerk, or the neighbours are noisy or smoking, or maybe you found a nicer or cheaper place.  You are no longer “locked in” like a slave.

How Can Tenants Break a Fixed Term Lease Under the New Rules?

Remember, if the landlord gives you a notice with a “termination date” of “do this or the tenancy ends” you can just….don’t do what they say…and break the lease! 

“Pay By This Date Or Move Out”…Ok, just move out and it’s terminated!

What’s the Best Way For Tenants To Break A Fixed Term Lease?

There are lots of ways now! Sure it’s a little bit sneaky but Tenants have to do what have to do to survive in this unfair situation.

(1) Don’t Pay Rent and Get the N4

Probably the best way to break the lease is just don’t pay rent. The landlord will give you an N4 ‘Pay Up or Be Evicted Notice’ with a termination date. The termination date will usually be 15 days after they give the notice. Since they are the ones who want to terminate the lease you just don’t pay and agree with them…and there is nothing the landlord can do! Again, here’s how it works.

Step 1 – Rent is Due

Step 2 – You Don’t Pay Rent

Step 3 – The landlord wants your money so will give you N4 Notice to End The Tenancy For Non-Payment of Rent

Step 4 – The N4 says: “Pay this amount by…. (This is called the termination date) or Move Out By the Termination Date

Step 5 – Just move out at the termination date and the lease is broken and you are home free!!

(2) Make Some Disturbances and Get the N5

Make lots of noise and the landlord will probably give you an N5 Notice to End Your Tenancy For Interfering With Others, Damage or Overcrowding. It will have a termination date and then you get out of it. I am giving you this notice because I want to end your tenancy. I want you to move out of your rental unit by the following termination date _____

Step 1:  Make Noise, Damages or Overcrowd the rental

Step 2: The Landlord Will Give You an N5

Step 3. The N5 Will Have A Termination Date

Step 4 On or Before the Termination Date……….just move out by the termination date and you are home free!!

Try not to bother other Tenants so much, but noise, smoking or these types of things will lead to an N5 and then you can leave free and in peace for a better, cheaper apartment.

Try to talk with other tenants so if you are making noise or going to smoke or flood the place, they can complain quickly to the landlord get get the N5 process going fast without really creating any trouble for your fellow Tenants.

Being Able To Break Fixed Term Leases Easily Is the First Step in Creating a Better Rental Industry – Especially When It’s The Landlord Telling You To “Obey or Get Out”…So Get Out!

Things are still really unfair. But I want to make sure Tenants are at least aware how the new rules make it okay to break fixed term leases. I’ll write more later on and hope other Tenants and fair-minded landlords can make positive contributions here.

It’s Time For Real Fairness For Ontario Tenants

Let’s work together and finally create a fair playing field for Ontario Tenants. I know many of you will be amazed at my first contribution and there will be many more to come because it’s time for FAIRNESS.

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

Landlord and Tenant Board Expanding Access to Technology for Proceedings

Monday, February 1st, 2021

January 27, 2021

TO:                  Ontario Landlord Association Stakeholders

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

RE:                  Landlord and Tenant Board Expanding Access

The Landlord and Tenant Board (LTB) is continuing its efforts to improve operations and enhance the quality of dispute resolution for the thousands of people across the province who access its services.

Last year, we heard from you that some Ontarians have difficulty participating in their hearing by telephone or videoconference because of a lack of access to the necessary technology. This feedback has been important to helping us identify opportunities to improve parties’ experience with the board. In doing so, we have carefully assessed and evaluated the LTB’s ability to provide access to technology, while also ensuring the safety of LTB staff and participants.

Today, we are pleased to announce that starting February 1, the LTB is expanding options to address requests for alternative hearing formats for parties in Toronto who do not have access to a telephone, computer and/or the internet.

LTB parties who need access to a computer and telephone terminal may be accommodated at the 15 Grosvenor Hearing Centre in Toronto. Parties who have received a Notice of Hearing and have contacted the LTB to make their request will be considered for access to the terminal. The LTB will evaluate each request on a case-by-case basis and respond with its decision to grant or deny the request. If the request is granted, the party using the terminal will participate in their hearing electronically.

A room will be set up to include a computer and telephone to support the party’s participation. Staff will only be available to help applicants who require technical assistance with the computer and/or telephone. A party can bring two additional individuals into the hearing centre for the proceeding. If the party needs to bring additional individuals, they should ask the LTB before the hearing; such requests will be evaluated on a case-by-case basis.

Tribunals Ontario is committed to safeguarding the health and well-being of staff, and participants, and has implemented safety protocols and enhanced cleaning at the 15 Grosvenor Hearing Centre. Everyone entering the hearing centre will be required to complete an on-site COVID-19 screening assessment before entry and must adhere to all safety measures inside the hearing centre. Individuals who are deemed inadmissible through the screening assessment will not be permitted entry. Front-line counter services remain closed until further notice.

Tribunals Ontario will evaluate this new pilot initiative and determine if and how it may be improved upon and expanded to other tribunals and hearing centres across the province.

We will continue to monitor COVID-19 developments and will update our practices and procedures based on advice from the Ministry of Health, Chief Medical Officer of Health, and public health officials.

The LTB remains committed to updating you with regard to operational planning and is appreciative of your patience and cooperation as we continue to adjust our operations in response to the ongoing pandemic.

Sincerely,

[Original signed by]         [Original signed by]

Karen Restoule

Associate Chair

Lynn Dicaire

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.