Posts Tagged ‘naborly’

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

The Ontario Landlords Association is the Recognized Voice For Residential Landlords in Ontario

Sunday, March 28th, 2021

 

“The Ministry greatly values the role the Ontario Landlords Association and its members play in providing quality, affordable rental housing in Ontario and recognizes the OLA provides an important voice for small private residential landlords.”

Ontario Ministry of Municipal Affairs and Housing

 

Part 1: Top Secrets To Avoid Being Evicted At The Ontario Landlord And Tenant Board

Monday, November 16th, 2020

Take Action And Avoid Being Evicted In A Global Pandemic PART 1

Landlords are boasting and cocky like never before.  They are now getting Landlord and Tenant Board (LTB) Hearing dates and evicting Tenants who rightfully didn’t pay rent during the beginning of the Covid-19 health catastrophe! Tenants are losing our homes every day!

They even changed the rules to make faster MASS EVICTIONS

Despite Premier Ford’s statement that tenants who didn’t pay rent during the pandemic would be protected, the LTB is evicting tenants by the thousands now.

Ford is the ultimate traitor and a puppet of the landlords. His lack of a strong moral code and his deception are putting our children at risk.

“Daddy I’m so cold and feel sick being homeless.”

GET READY FOR MASS EVICTIONS IN WINTER!

The landlords and their lobbyists the Ontario Landlords Association ,the Ontario Real Estate Association and the corporate Chinese Communist Party (CCP) controlled landlord groups control the Ford government. It’s called “pay to play.”

This has led to even more anti-tenant rules in the Residential Tenancies Act

These new rules are harsh and destroy almost all rights hard working tenants have fought for over the past 40 years!

Ford made these changes which don’t allow tenants to re-schedule Hearings if we are sick or busy finding a job and will lead to hundreds of thousands of people homeless and on the street!

Why Are They Doing This? When You Move Landlords Can Raise The Rent As Much As They Want! 

This is their goal because when tenants move out, landlords can raise the rent by hundreds and even thousands of dollars for new tenants. There is no rent control for new tenants!

“Why was my family evicted in the cold of winter during a lock down? I’m so sad!”

“I thought Canada as a good place? My family is suffering, I hate to see Mummy crying all the time and I’m hungry!!!”

They Want You And Your Family Homeless!

They don’t just want to evict you, they want you homeless and want you to suffer. They hope you have toddlers who will living in a super cold Canadian winter where they might not survive. Landlords view you as cannon fodder, as less than human!

Because how dare you not pay rent…when the Premier said you didn’t have to. Canada is a corrupt nation.

This is an attack on Tenants like we have never seen before!

Who is Doug Ford, Really?

“March 2020: Tenants don’t have to pay rent during the Pandemic”

“Nov 2020: I Fooled You ALL With My Warm Uncle Act! LOL! Mass Evictions on the way and renters should get out! Landlords need you evicted to raise rents HAHAHA”

It’s a lie that will lead to mass evictions and massive homelessness. The reality is Canadian politicians lie all the time and cannot be trusted.

 

You Need To Win At The Landlord And Tenant Board To Survive!

Evictions are  happening and thousands of tenants per day are being evicted and kicked to the streets to die!

“I need money for more Botox treatments and my Ferrari needs snow tires! Tenants get out so I can raise the rent by $500/month!!”

Small Landlords Show Their True Evil Face, They Are Not Nice

The good “mom and pop” landlord trying to just pay their bills is a myth!

Most landlords are incredibly greedy and heartless. All they want is to to get your hard earned money even during a global pandemic where thousands of people are dying.

They could easily give you a break and use their profits to cover their mortgages, or (and this will upset them) get a real job and not just rely on sucking the life blood of tenants like parasites.

They simply don’t care about you and your family and only view you as cattle. Or less than cattle. You are the steak, pork, chicken and lamb they feast on.

And now with online hearings Tenants are being evicted like cows in slaughterhouse!

 

Use “Payment Plans” Against Your Landlord And Win!

Tenants have very few options…but we still have some!

If you want to avoid being evicted and win at the Landlord and Tenant Board here is one strategy you should consider.

Let’s first look the the rules of the Residential Tenancies Act which were changed in July, 2020.

Did you know the rules changed? Most tenants (and tenant groups) don’t realize it.

But this is the key to avoiding evictions and defeating your landlord!

Here’s the new rules:

Rent Arrears that Arose During COVID-19

On July 21, 2020, the following provision was added to the RTA:

“83(6) Without restricting the generality of subsections (1) and (2), if a hearing is held in respect of an application under section 69 for an order evicting a tenant based on arrears of rent arising in whole or in part during the period beginning on March 17, 2020 and ending on the prescribed date, in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears.

What this means is that when deciding whether to grant discretionary relief from eviction for an application about rent arrears on or after March 17, 2020, the Board must consider whether the landlord tried to reach a payment agreement with the tenant before the hearing.

Therefore, at the hearing the parties or their representatives must be prepared to discuss whether the landlord and the tenant tried to reach an agreement. If the parties tried to reach an agreement but were not successful, the details of the negotiations should not be discussed during the hearing.

Subsection 83(6) applies to rent arrears that arose, at least in part, starting on March 17, 2020, and ending on a date to be proclaimed by the Lieutenant Governor. As of September 2020, the ending date had not been proclaimed”

So How Does This Help Tenants?

Landlords had to have offered you the option of a “Payment Plan” in order to get their eviction and kick you and your family to the cold streets!

Let’s look at this again:

1. Your Landlord Didn’t Offer You A Payment Plan?

This is excellent for you.

All you have to do is explain to the LTB adjudicator that during the Covid-19 pandemic shut down you were worried about surviving and your landlord “didn’t even try to cooperate with you.”

This will lead to no eviction as long as you (a) Show up for your Hearing (b) Explain how scary times were during the lock-down.

2. Your Landlord Offered You A Payment Plan?

This makes things more complicated. Because if your landlord offered you a payment plan they probably did it because their $500/hr lawyer told them to do this to get you kicked out on the street!

At your Landlord and Tenant Board Hearing your landlord or their representative will try to use this to get a evicted, and fast!

Even if the offer was ridiculous, or you were too busy trying to survive to contemplate it, the Ford Pro-Landlord LTB will get you evicted!

Your Landlord Only Made The Payment Plan Offer To Use Against You To Evict you!

They don’t care about getting a little bit of rent, they want you evicted so they can raise the rent buy hundreds or thousands of dollars to the next tenants! The payment plan provided to you was a just a “legal tactic” to get you evicted!

Fight landlord dirty tricks by using their tricks against them!

Fight Fire With Fire – DENY, DENY, DENY!

Landlords are lying so you can too! Fight fire with fire. Too many tenants are honest and victims to lying, evil landlords.

At you Landlord and Tenant Board Hearing if your landlords says they offered you a “payment plan” deny it.

Yes, JUST DENY IT! (Yes, even if it’s not true!)

1. If they say they called you discussing a payment plan…DENY IT!

2. If they say they emailed you offering a payment plan…DENY IT!

3. If they say they met with you offering a payment plan…DENY IT!

What If There Is Evidence That Your Landlord Presented A Payment Plan?

First of all deny it. Make your landlord “prove” it.

If there is an email exchange tell the LTB adjudicator that is not your email address and make your landlord prove it!

If your landlord recorded you say that is “not me” and make your landlord prove it!

Do You Have A Spouse Or Roommate Or Someone Living With You?

This is great.

Bring them in as witnesses and also DENY, DENY, DENY and payment plan offers.

If There Is Any Doubt Of A Payment Plan Your LL Claims Is True And You Get An Eviction Order You Can Appeal To The Superior Court And Win

Unlike all the low paid, desperate for work newly hired failed lawyers, failed paralegal LTB adjudicators (their salary and benefits are Walmart tire!), Superior Court Judges are trained and fair and fight for real JUSTICE!

No Landlord Offer Of A Payment Plan = No LTB Eviction = Protect Your Family From Landlord Lies!

Protect You and Your Family By Using Legal Methods To Beat Your Landlord At the Landlord At Tenant Board

Tenants are just trying to find a home. We pay our rent on time and keep the properties like our own.

During a huge historic pandemic where are our jobs were shut down many tenants couldn’t pay rent.

We were promised by Ford that we didn’t have to pay rent so we could pay for food and medicine.

Months later the rules have changed and landlords are seeking MASS EVICTIONS.

Make Sure You Fight Back And Win At Your LTB Hearing.

This Is Part 1, Come Back And More Real Life Advice To Avoid Evictions!!

It’s Important To Pay Your Rent To Your Small Landlord

Friday, September 11th, 2020

My name is Laura and I post under my name on the Ontario Landlords Forum. I’ve been active there for years to try to help other tenants and give some of my advice to help small landlords too.

These are crazy times for everyone.

And while tenants are suffering it’s also important to know your landlord might be suffering too. This pandemic is hurting everyone.

We Need To Stick Together

I used to own a house and we rented our basement out years ago and it really helped us cover our mortgage. When my husband died my children were grown so I decided to sell the house and rent.

Renting has a lot of advantages.

I don’t have to worry about any maintenance issues and my landlady has a service to cut the lawn and plow the snow.  My landlord cover my utilities so she can get just one payment each month to keep things uncomplicated.

My landlady is a teacher and her husband has his own contracting company and they are terrific.

“Are You Going To Pay The Rent?”

When all this chaos started in March and the government said “tenants don’t have to pay rent” my landlady called me and asked me if I was going to pay the rent.

I told her “of course I will”. She was thankful and said if I needed a break just call her.

My Landlady Is Professional and Kind, And I Make Paying Rent A Priority

I’m in a pretty good situation where I don’t need to worry about buying food and my children are adults now.  I know others might not be as safe as I am.

I’m going to pay the rent not only because it’s the right thing to do, but because I want to keep my excellent relationship with my landlady and know that if I don’t pay rent it could hurt her financially (and even lead to her selling this place).

Pay You Rent And If You Can’t Call Your Landlord

My landlady isn’t some big global corporation. She and her family invested and thanks to them I have a great place to stay at a great price.

Rent Strike Hits Small Landlords, Not The Corporate Landlords

-Not paying rent will just get rid of the small nice landlords who care about you.

-Not paying rent will not impact the big heartless corporations.

-The whole “rent strike” people are likely corporate landlords who want to get rid of small landlords who are their competition.  At least that’s what I think.

Stay Home and Stay Safe!

I’m so happy to have a great rental with a great landlady. I feel safe and don’t ever want to move.

With Love And Wishing Everyone Stays Safe,

Laura

 

Ontario Landlord Tenant Criminal Checks – Take Your Tenant Screening System To the Next Level!

Tuesday, July 28th, 2020

Ontario landlords criminal checks

With So Many Problems From A Small Group of Bad Tenants Out There More Landlords Are Using Criminal Checks to Protect Their Rental Properties…And Now You Can Too For a Discounted Price!

Ontario landlords are excited about how many great tenants are out there.  These are tenants who pay their rent on time and respect both the rental property and their landlord in a mature and professional manner. 

Many Ontario landlords have faced problems with their tenants during the Covid-19 pandemic. It’s now more important than ever to protect yourself and your property!

Take Your Tenant Screening System To A Higher Level (Not Just Credit Checks, Social Media and References)

It’s time to make sure you run criminal background checks on your potential tenants. And you can now do so with our Protection membership.

The Ontario Landlords Association has brought forth a revolution in tenant screening over the past decade. 

Experienced and successful landlords in our community were the ones who educated others on the importance of screening your tenants very carefully.  Before we came along there was very little talk about landlord issues and few Ontario landlords even knew they could run credit checks on tenants (and why they should run them).

With so many good people looking for a place to ‘call home’ and rent from you, it is essential that small landlords avoid the professional tenants out there.

These professional tenants know how to manipulate the system and can lead small landlords to not only sleepless nights, but to financial ruin.

Professional Tenants Hurt Good Tenants, Not Only Their Landlord

These types of people who make leave huge damages and owed rent behind not only hurt the landlord, it hurts good tenants who are looking for a nice rental property. Landlords who face huge financial losses often leave the industry.  Or they will raise rents to help pay for the repair costs.

Sadly, we continue to see some landlords not being careful and being ripped off by these professional tenants.

Windsor Landlords Fed Up With Bad Tenants Now Looking At Criminal Checks As Part Of Their Tenant Screening System

After dealing with unpaid rent, destroyed rental apartments and a long process to even try to get paid money that is owed some Windsor landlords are saying they will make their tenant screening system even tighter. 

According to a CBC report a property manager has had enough of professional tenants causing huge financial hardship on small landlords.

Huge Challenges For Ontario Landlords

Already small landlords aren’t making huge profits and many are just breaking even (and some even cash-flow negative). 

So if you aren’t super careful and rent to a tenant who doesn’t pay rent, causes damages, or causes problems with the landlord or other tenants in the property it can lead to huge headaches.

Tenant Leaves Behind Huge, Expensive Damages

The Windsor property manager said one of the biggest problems he faces it from renters who leave behind huge messes to clean up. 

Tenant Was a Drug Addict, Leaving 200 Syringes In the Rental

When one Windsor tenant moved out he made sure to leave a mess behind.  This time it was more then two hundred syringes all over the floors.

Used syringes

Over 200 hundred syringes were left behind, and it got even worse!

Windsor Landlord Will Now Begin Running Criminal Checks

According to property manager Morawetz after so many tenant problems he wants to “take things a step further.” He says in order to protect rental properties he and lots of other landlords will be “tightening up” their tenant screening criteria “to a level never seen before.” 

Make Sure You Follow The Ontario Human Rights Code On Screening At All Times

According to the CBC news report running criminal record checks in some circumstances may be considered discriminatory….but in other circumstances “it might make sense” The report uses an example where a single mom is wants to rent out a room in her house and making sure all the applicants interested require a criminal check could be reasonable because of concerns for her and her family’s safety. 

And the Human Rights Commission states that: 4.2.9  Criminal or other police record checks, Nothing in section 21(3) of the Code or Regulation 290/98 permits the use of criminal or other police record check in the context of rental housing.

Of course, landlords must get permission before running a criminal check and if you have any questions contact the OHRC to make sure you are doing the right thing.

Ontario landlords criminal check on tenants

Ontario Landlords Can Now Begin Running Premium Criminal Checks on Tenants

Join our community and get the tools you need to succeed.  This now includes CRIMINAL CHECKS at a great low price with our ONTARIO LANDLORD PROTECTION MEMBERSHIP.

We Are Proud To Be Partners With TRITON

Triton is the leading background company in Canada.

Regular criminal check price: $59.00/check + $75.00 set up charge

Ontario Landlord Member Price: $24.95 and no set up charge

And it’s all for only a one time fee (no annual fee). We landlords just like you and we know how tight the budgets are for many Ontario Landlords and this is why we want to keep your costs down for the best services out there.

Ontario Landlord Tenant Criminal Checks – Become a PROTECTION Member And You Can Add Criminal Checks To Your Tenant Screening System For A Huge Discount!