Posts Tagged ‘Residential Tenancies Act’

Important Information For Small Landlords: Expedited Enforcement of Eviction Orders

Tuesday, March 9th, 2021

April 8, 2021

TO:                 Ontario Landlord Association Stakeholders

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

 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. For new information check out this site for updates.

Sincerely,

[Original signed by]              [Original signed by]

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

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Ontario Landlord PROTECTION MEMBERSHIP Is Now Available!

Tuesday, October 16th, 2018

Due To The Huge Challenges Ontario Landlords Are Facing We Have Created A New Level Of Membership

Get Tools and Services You Need To Succeed For A One-Time Registration Fee

We have received thousands of replies from small landlords who took part in our campaign to put the issue of marijuana smoking and growing on the forefront of the provincial housing file.

It shows how concerned people are about this issue (and for good reason.) While other provinces took action, our members have been informed the ministry will watch what happens and address the issue if they see evidence of major problems arising.

We keep hearing from landlords across Ontario about the challenges and problems they face beyond even the marijuana issue.

And the stories are scary. 

Yes there are a lot of great tenants out there. But there also many tenants who are abusing the system and destroying the financial futures of so many honest, ethical and hard working residential property investors.

These investors are not billion dollar corporations.  We are working people. We are teachers, doctors, plumbers, electricians, firefighters, professors, scientists, chefs, taxi drivers, engineers, secretaries, retired people, contractors, etc.

We are ethical people who have invested in creating high quality rental housing.  We have invested our savings and we need to not only be protected, we need to be encouraged to continue to invest in Ontario rentals.  To  be frank many people are looking to invest in more business-friendly environments, such as in the USA, these days. 

If Ontario is truly “open for business” then Ontario landlords need the rules to be changed!

It could be stories about first time landlords losing over $40,000 due to a bad tenant who not only made huge damages, but stole the appliances (and the police said it was a ‘civil matter’).

Or about renters who go “on strike” instead of paying their rent. They think a landlord following rules to get a rent increase is the reason they should “join together” and all decide to not pay rent (and break the law).

Savvy tenants have also learned how to manipulate the system to break fixed term leases leaving landlords hung out to dry. For these tricky tenants signing a lease for a one year term means nothing to them.

Ontario Landlords Face Overwhelming Challenges…And We Are Here To Help

Even our most experienced landlords say things are different these days. We have veteran expert landlords who have been in the industry for ages saying “you need to be so careful these days because one slip up can bankrupt you.”

And one experienced and successful OLA member said, the issue of legal marijuana in rental properties is one of the “biggest landlord issues in 20 years.” He said this to Bloomberg News (Bloomberg International…so the whole world can see what we face!)

Let’s look at some of the biggest issues for landlords across Ontario:

1. Marijuana Is Legal (And Tenants Can Even Grow Plants in The Rental Property)

Many people are still unaware of the consequences of marijuana becoming legal. In Ontario the rules from the past Liberal government allow tenants to not only smoke weed, but to grow plants! Yes, grow plants in your rental property!

2. No Damage Deposit Can Equal Huge Financial Losses

We cannot charge a damage deposit in Ontario. That’s right, it’s illegal. Even if your renters volunteer to pay they can always go to the Landlord and Tenant Board and you will be forced to pay it back.

This means even good paying tenants seem to think it’s okay to leave a mess behind when they move out. And some tenants are actually happy to cause huge damages that can bankrupt landlords or at least end up costing us tens of thousands of dollars.

3. Even New Rentals Are Covered Under the Unfair Rent Guideline Now

Prior to April 2017 rental properties built after 1991 were exempt from the ridiculously low annual government rent increase guideline. Now even these properties are covered.  The 2018 Ontario landlord rent increase guideline is only 1.8%. Will this cover your increasing costs?

4. Evictions for Renters Simply Not Paying Rent Can Take Months

Did you know if your renter doesn’t pay rent they get a two week delay to pay? And after those two weeks if they don’t pay you have to pay to take them to a “hearing” which can take 2-6 months. The at the hearing the tenant gets free government legal help to fight you or to “play the system” to let the tenant live rent-free in your property for even longer.

5. Tenants Are Networking And Educating Each Other How To Abuse the System

Tenants are networking and teaching each other how to manipulate the system. And with the current rules,that can means months and months of living ‘rent free’, breaking leases, or leaving your property in horrible shape costing you tens of thousands of dollars.

Ontario Landlord PROTECTION Membership Is Now Available To Help Landlords Succeed In These Difficult Times

Become a Landlord PROTECTION Member and get access to the services you need to run a successful and profitable rental business. For only a one time fee start using our services to protect your business. Join us in making our landlord voices heard (and a loud voice will help make the system more fair.)  

Here’s what you get:

Rental Kit

Get access to applications, notices and everything you need in our online library that is available to you 24/7.

Access To the Forums, Including the Private Members Forum (for verified landlords only)

Network with other landlords and property managers to help you and your rental business succeed. In our private forum only verified landlords are allowed to enter. This means you are networking and getting help from real landlords, including many veteran experts.

Discounted Credit Checks

Get huge discounts on excellent credit check services.

An OLA member wrote: “I’ve actually made money by joining the OLA! Just the savings on credit checks over the past couple years adds up to way more than the one-time registration fee. It’s a deal that can’t be beat!”

Tenant Friendly Credit Checks (With Risk Scores From Transunion)

These days good tenants are very concerned about providing their personal information to a potential landlord. Get access to tenant friendly credit checks where tenants do not need to provide private information to you…and tenants can even pay for it online.

This makes running credit checks an easy and non-confrontational process.

Criminal Checks

Many experienced and successful landlords are now including criminal checks as part of their professional landlord tenant screening system. Now you can too for a huge discount for OLA members.

The “Top 100 Lease Clauses You Need” CD

The new government Ontario Standard Lease doesn’t protect landlords. The document gives lots of help for tenant to “learn there rights” while leaving landlords dangerously vulnerable.  You need to protect yourself especially if you end up at the Landlord and Tenant Board or Ontario Small Claims Court.

How To Protect Yourself From Tenants Smoking and Growing Marijuana CD

While other provinces have made changes to protect landlords Ontario has not. Learn how to protect yourself and your rental from tenants smoking marijuana and growing marijuana plants! Filled with “landlord tips and tricks” from experienced landlords across the province.

Insurance

Get access to one of the best rental insurance packages in Canada. Also covers student rentals! You get a big discount as a member.

Property Management Software

Get discounts on premium property management software to take control over your rental business.

Become a Landlord PROTECTION Member and Get the Services You Need To Succeed…ALL FOR A LOW ONE TIME FEE!

In these difficult times landlords need to come together and help each other get our voice heard and succeed and run profitable rental businesses. 

Become an Ontario PROTECTION MEMBER and Get Amazing Tools and Services To Help Your Rental Business Succeed and Make Profits!

Landlord and Tenant Board Requests Our Comments On New Documents – Make Your Voice Heard!

Saturday, September 15th, 2018

Rent Increase Guideline 2016 Ontario

Ontario Landlord Association Members Are Important Stakeholders In The Ontario Rental Industry And We Have Been Asked To Review And Comment On New Documents From the Landlord and Tenant Board

Residential landlords across Ontario are excited that we have new provincial leadership that wants to cut red tape and make Ontario ‘open for business again’.  

Dramatic changes to the way we do business will take some time, but we are already seeing an openness to improve the rental industry.  And they want Ontario Landlord Association members (who are important stakeholders) to play a key role.

This is a great beginning and we ask you to take time out of your busy schedule to share your opinions, concerns, and advice on how to improve the Landlord and Tenant Board. 

Let’s discuss these important consultations in the OLA Member forum and make sure to get our voices heard. 

Send us your comments at landlordvoice@lobbyist.com

 

Ontario landlord and tenant board 2018

To: Ontario Landlords Association Members

Changes to Rules of Procedure and Guidelines for Review and Comment

The Landlord and Tenant Board (LTB) has posted three documents for review and comment by members of the community and its stakeholders:

  1. Proposed changes to the Rules of Procedure
  2. Proposed changes to the Guideline 6: Tenant Rights
  3. Proposed changes to the Guideline 12: Eviction for Personal Use, Demolition, Repairs and Conversion

The Rules of Procedure have been extensively reformatted and now use plain language. The commentary that appears under each rule has been removed. The format and language of the proposed rules is also now consistent with the Social Justice Tribunals Ontario (SJTO) Common Rules of Procedure . Some substantive changes have also been made, including:

  • Allowing the use of a sworn statement instead of an affidavit (Rule 1.5)
  • Allowing parties to give each other certain documents by email where they both agree (Rule 3)
  • Removing the requirement that Co-operatives serve applications (Rule 12)
  • Changing the rules about the payment out of money paid into the LTB’s trust account (Rules 20.3, 20.4, 20.6 and 20.8)

Guideline 6 has been expanded. It now includes discussion of all the grounds in the Application About Tenant Rights (T2). References to applicable case law have been updated and there are extensive references and links to relevant LTB orders.

Guideline 12 has been changed to reflect amendments made to the Residential Tenancies Act on January 1, 2018.

We encourage you to have a look at the proposed changes and provide your comments and ideas by September 28, 2018.

Landlord & Tenant Board (LTB) Fees Are Going Up in 2017

Thursday, December 15th, 2016

ontario-landlords-association-education-campaign

Ontario Landlords Filing Applications at the LTB Will See Fees Rise in 2017

Experienced Ontario landlords know one of the keys to success in this industry is having strong, mutually respectful relationships with your tenants.

You provide a terrific, safe, fairly priced rental property to your tenants. You are a service-oriented landlord and that means when things need fixing or issues arise, you make it a priority and get things fixed fast. When you fix these issues you cooperate with your tenant to make sure both sides are satisfied with the solution.

Great Tenants

In return your tenants take care of the rental home and pay their rent on time. When they want to move out to buy their own home or move to another area they provide proper notice and allow showings according to the Residential Tenancies Act. When you do the showings the tenants are cooperative and keep the place clean. (Many of our most successful members even have tenants recommend their rentals to new prospective tenants during showings).

It’s a win-win situation and it’s what everyone wants.

In Reality Sometimes Things Go Wrong

It happens.

Let’s face it, the LTB is very busy and this is why it can take such a long time to get a Hearing date.

Some landlords don’t fulfill their responsibilities. Important repairs are neglected and safety issues not taken as seriously as they need to be taken.

Other times your tenants don’t fulfill their end of the deal.

We’ve had landlords write about rent being consistently paid late. Or sometimes they don’t get paid at all by their tenants.  There are even examples of tenants who make big damages to the property beyond normal wear and tear.

One of the most common complaints our members have discussed recently have been from landlords owning multiplex units. They have to deal with tenants arguing with other tenants in the building and get drawn into it.

Ontario Landlord and Tenant Board (LTB)

When these type of issues happen landlords and tenants can go to the LTB to try to resolve the issues.

We’ve written before about the Landlord and Tenant Board and the longer you are a landlord the greater the chance that at some point you will need to go to a Hearing.

Landlord and Tenant Board (LTB) Application Fees Are Increasing January 16, 2017

There are going to be some higher prices for landlords filing applications beginning on January 16, 2017. There are also going to be some increases for a couple of tenant applications.

The LTB wants it to be known that fees are going up around 10% and haven’t been increased since back in 2009. You can see the new 2017 fees versus the older ones here.

Fee Waivers For Those On a Low Income

If you are on a low income you can make a request for a ‘fee waiver’.  The threshold to get this fee waiver has increased and you can find more information here.

Discounts With E-Filing

Four of the most common landlord and tenant applications can be filed through the LTB e-filing system.  These forms make up about eighty percent of the applications filed. 

These applications are:

(a) Form L1 – Application to Evict a Tenant for Non-Payment of Rent and to Collect the Rent the Tenant Owes

(b) Form L2 – Application to End a Tenancy and Evict a Tenant

(c) Form T2 – Application about Tenant Rights

(d) Form T6 – Tenant Application about Maintenance

Be aware of the discount if you are e-filing one of these.

Landlords and the Landlord Tenant Board 2017

Successful Ontario landlords know the importance of choosing good tenants and developing a mutually respectful relationship. Just as good landlords appreciate good tenants, good tenants also are looking for professional and knowledgeable landlords.

If you do go to the LTB make sure you are aware of the process and that includes knowing how much the fees are.

The Ontario Residential Tenancies Act (RTA) Has Changed

Monday, October 3rd, 2016

ontario-landlords-association-education-campaign

Keeping Ontario Landlords Informed: Tenants who are the victims of sexual and domestic violence can now end their tenancy in 28 days 

Successful Ontario landlords know the importance of following the rules and laws for running a successful rental businesses. We also know to follow the rules you need to be aware of them.

Sometimes that can be a challenge. Most small residential Ontario landlords have full-time jobs.  Our members aren’t large corporations with full-time staff and stocks and bonds.

We have members who are nurses, teachers, Toronto fire-fighters, carpenters, plumbers, professional athletes (including some famous ones), lawyers, doctors, electricians, full time Mums and Dads, receptionists, dentists, and investors who don’t even live in Canada (but have invested a lot of money, hired property managers and created terrific rentals.)

With such busy lives it can be hard to keep track of changes that are important for our professional and service-oriented landlords.

This is another way the OLA helps out because we reach a huge audience of small landlords across Ontario and let them know about important changes. For example, we still have Mississauga landlords thanking us for letting them know about the changes to the landlord licensing system in that city.

At first glance the Residential Tenancies Act (RTA) can look very complicated and even intimidating. The reality is the RTA is complicated and can be a bit scary for new landlords (and even for some vets).

Over the years we’ve had thousands of small residential landlords from across the province contact us for help and assistance.

This is one of the reasons why the OLA has been asking the government to improve the Residential Tenancies Act to help small landlords and encourage more investment in rental properties in Ontario.

The RTA Has Changed in 2016

There has been a change in the RTA recently.  It’s a change to help victims of sexual and domestic violence be able to escape bad situations.

Many of our landlord members were tenants at one point in our lives. Or they have relatives or friends who rent now.  They recognize this is a positive changes to help tenants in trouble and our membership agrees with helping tenants who are honestly in abusive and  dangerous situations.

Our members want to rent out high quality, legal rental units, to all the good tenants out there and be great landlords. We encourage rule changes, to help good tenants and to help good landlords.

New Notice Allows Victims of Sexual and Domestic Violence To End Tenancy in 28 Days

There has been a change is section 47.1 of the Residential Tenancies Act. Tenants who are the victims of sexual or domestic violence can now end their tenancy in just 28 days if they think they or a child living with them might be harmed or even injured if they don’t get out of the rental property.

Tenants in this type of situation can give notice at any time during the duration of their tenants.In order to do this the tenant must give the landlord 2 documents.

(a) Tenants Notice to End Tenancy because of Fear of Sexual or Domestic Violence and Abuse (Form N15)

Landlords (and all the tenants who read here) can get more information here.

(b) Tenant’s Statement about Sexual or Domestic Violence and Abuse.

Landlords and tenants can get more information here.

(c) Court Order

Tenants can also give the landlord a copy of the court order. For example, they can give you a copy of a peace bond or a restraining order).

Successful Ontario Landlords Know The Rules and Follow Them

Make sure you are aware and follow the laws and rules for landlords in Ontario. We encourage and welcome changes to help tenants.  We also want to encourage some changes to help all the good landlords in this province.

The OLA is the voice of small residential landlords so if you have any ideas for change to your business and encourage other to invest in rentals in Ontario please let us know and we will present it to the Ministry.

We all have the goal to create rules and procedures that promotes and protects both good tenants and good landlords and improves the residential rental industry in Ontario.

Let’s continue to make positive and important changes to the Residential Tenancies Act and the Ontario Landlord and Tenant Board for both tenants and small residential landlords.