Posts Tagged ‘Residential Tenancies Act’

LANDLORD ALERT! RTA amendments take effect today: New and revised Rules, guidelines and brochures

Wednesday, September 1st, 2021

The Ontario Landlords Association has been lobbying hard for years and helping make positive changes to the laws to protect Small Landlords.

We stopped many anti-landlord laws before and now are working relentlessly to create a fair system.

Join us, make your voice heard, and help make even more positive changes to help good landlords and good tenants succeed in win-win business relationships.

September 1, 2021 

TO:                 Ontario Landlord Association Members

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

RE:                 RTA amendments take effect today

We are writing to remind your Ontario Landlords Association Members that amendments to the Residential Tenancies Act, 2006 (RTA) resulting from Bill 184, take effect today. We have summarized the changes in September 1, 2021 Amendments to the Residential Tenancies Act.

In response to these amendments, the LTB has posted new and revised Rules, guidelines and forms to our website at tribunalsontario.ca/LTB.

New materials:

  • Form L10: Application to Collect Money a Former Tenant Owes and Instructions
  • Certificate of Service: Serving a Former Tenant or a Tenant no Longer in Possession of the Rental Unit
  • Request to Use Alternative Service Form
  • Brochure: Collecting Money a Former Tenant Owes
  • Brochure: How to Serve a Landlord or Tenant with Documents

Revised materials:

  • Rules 3, 4, and 5
  • Guideline 11: Eviction for Failure to Pay Rent
  • Guideline 12: Eviction for Personal Use, Demolition, Repairs and Conversion
  • Form T5: Landlord Gave a Notice of Termination in Bad Faith and Instructions
  • Form L2: Application to End a Tenancy and Evict a Tenant and Instructions.

** The revised L2: Application will only be available in fillable PDF format until the launch of the new Tribunals Ontario Portal later this fall. Please do not use LTB e-File to file based on an N12 or N13 notice or when claiming costs relating to substantial interference or utilities. In these cases, you must use the PDF form and submit it by fax, mail or courier.

The LTB consulted on these materials and processes from January 19 to February 5, 2021.

Among the changes the LTB made as a result of the consultations, the LTB has added email as an approved method for landlords to serve former tenants and introduced a Request to use Alternative Service Method. For more information about email service and alternative service, see the Certificate of Service – Serving a Former Tenant or Tenant No Longer in Possession of the Rental Unit and the Brochure: Collecting Money a Former Tenant Owes.

Users will be able to file the new and revised forms on the Tribunals Ontario Portal when it launches later this fall.

Sincerely,

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

Call the Ontario Tenant Police Force To Get Your Landlord FINED Or ARRESTED in 2021

Thursday, April 1st, 2021

Landlords Obey The Law Or Suffer The Consequences! Tenants Have Rights!

I wrote about this a year ago and am shocked more people are not using this service!

Tenants are under attack!

How can we fight back?

Ontario Tenants are not aware there is a “Ontario Tenant police force” run by the provincial government to help you and punish your landlord for illegal acts!

It’s almost like the the so called “tenant groups” taking government money and province don’t want tenants to know about this service. And there is rarely anything in the media. Why?

Hmmmmmmm. It’s almost like landlords work to keep tenants blind and naive about our rights while they look down on us and just want our money.

WE ARE ABOUT GETTING TENANTS TRULY INFORMED

– There is a service that will protect our rights! But most Tenants don’t even know about it! It’s time to make every Tenant in Ontario aware of this service!

 

Want proof?   Take a look:

(1) Waterloo Landlord And Property Manager Fined $5200 For Not Return Key Deposit

Waterloo tenants saved.

June 21, 2019 10:30 A.M.

Ministry of Municipal Affairs and Housing

Convicted: 2526328 Ontario Inc. and Turn Key Property Management Inc.

Location: Region of Waterloo

Description of Offence: Three counts against each defendant of charging an illegal key deposit

Date of Conviction: June 17, 2019

Penalty Imposed:

Following a guilty plea, 2526328 Ontario Inc. and Turn Key Property Management Inc. were each fined a total of $2,250 by Justice of the Peace Michael A. Cuthbertson.

The court also imposed victim fine surcharges totalling $375 for each defendant as required by the Provincial Offences Act. The victim fine surcharges go to a special fund to assist victims of crime.

Background:

2526328 Ontario Inc. is the landlord of a rental property in Waterloo.

Turn Key Property Management Inc. manages the property for the landlord.

In February and March 2017, six tenants signed leases to rent units in the property. Each tenant was charged a $200 key deposit.

Under the Residential Tenancies Act, a landlord may charge a refundable key deposit in an amount not greater than the expected direct replacement costs of the key.

2526328 Ontario Inc. did not refund the key deposits to three of the tenants when they moved out of their units.

Turn Key Property Management Inc. did not refund the key deposits to the other three tenants when they moved out of their units.

After the Ministry of Municipal Affairs and Housing laid charges, 2526328 Ontario Inc. and Turn Key Property Management Inc. refunded the key deposits to the tenants.

(2) Toronto Landlord Fined $48,000 for Residential Tenancies Act Violations

Convicted: 795 College Inc.

Location: Toronto

Description of Offence: Three counts of failing to afford a tenant a right of first refusal

Date of Conviction: May 23, 2019

Penalty Imposed:

  • Following a guilty plea, 795 College Inc. was fined a total of $48,000 in Toronto by Justice of the Peace David. J. Hunt.
  • The court also imposed a 25 per cent victim fine surcharge ($12,000) as required by the Provincial Offences Act.

Background:

  • 795 College Inc. is the landlord of an eight-unit apartment building.
  • In late 2016, 795 College Inc. gave the tenants notice to end their tenancies to do extensive renovations.
  • Tenants may have a “right of first refusal” to move back into the rental unit once renovations are complete by giving written notice to the landlord before moving out. The rent when the tenant moves back in must be the same as if there had been no interruption in the tenancy.
  • Tenants in three rental units gave written notice to 795 College Inc. that they wanted to move back in once renovations were complete.
  • In November 2017, 795 College Inc. rented the three units to different tenants at over three times the previous rent. The previous tenants did not move back in.
  • In addition to the fines imposed by the Court, the Landlord and Tenant Board ordered 795 College Inc. to pay administrative fines totaling $75,000 for not letting the previous tenants move back in.

(3) Simcoe County Landlord Fined $1,500 for Residential Tenancies Act Violation

Ministry of Municipal Affairs and Housing

Convicted: Casino R.V Resorts Inc.

Location: Simcoe County

Description of Offence: Withholding the reasonable supply of heat to a tenant

Date of Offence: September 1, 2018 — June 15, 2019

Date of Conviction: December 16, 2019

Penalty Imposed:

  • Following a guilty plea, Casino R.V Resorts Inc. was fined $1,500 in Orillia by Justice of the Peace Karen Walker.
  • The court also imposed a 25 per cent victim fine surcharge ($375) as required by the Provincial Offences Act.

Background:

  • Casino R.V Resorts Inc. is the landlord of a rental property in Simcoe County.
  • In early 2018, the furnace in the basement of the property stopped working.
  • Casino R.V Resorts Inc. did not repair the furnace despite requests from the tenant. The furnace was still not repaired during the period from September 1, 2018 to June 15, 2019.
  • Under the Residential Tenancies Act, landlords are not permitted to withhold the reasonable supply of heat to a tenant between September 1 and June 15. During this period, rental units must be maintained (or capable of being maintained) at a temperature of at least 20 degrees Celsius.

Tenants Are Not Aware Of This Important Weapon To Fight Evil,  Illegal Landlords

We wrote about how Tenants have a “tenant police force” that almost nobody know about before- https://ontariolandlords.org/forum/view … 8454399aa7

Of course the gov’t paid for high salaried “tenant activists” will never tell you the truth, as they might lose their funding and huge salaries.

As Lenin said, control the opposition and you win. This is what the landlords have done, created what looks like tenant groups fighting for us but in reality they are just there to stop us and bog us down and make us lose!

So many options for Tenants are hidden and rarely ever publicized. Our collective is talking about REAL HELP AND REAL ACTION, not flowery words and inaction.

The so-called “tenant groups” out there are getting government funding and never want to rock the boat and risk that funding. Do they care about Tenant Rights, or do they just want to keep getting their big pay checks to “talk about Tenant Rights” and mislead us and make us WEAK!?

This is why this site will now become the go-to Tenants Rights site in Ontario and we are working hard to grow it all over Canada.

ONTARIO TENANTS DID YOU KNOW THE PROVINCIAL GOVERNMENT HAS SOMETHING CALLED “RENTAL ENFORCEMENT UNIT?”

This is part of the Ministry of Housing, meaning the provincial government. It used to be called “THE INVESTIGATIONS AND ENFORCEMENT UNIT” but the name was suspiciously changed recently.

DID YOU KNOW?

– IF YOUR LANDLORD IS BREAKING THE RULES YOU CAN AVOID THE LONG AND TEDIOUS LANDLORD AND TENANT BOARD AND GET FAST ACTION

– MAKE YOUR LANDLORD CHANGE THEIR BEHAVIOR Immediately OR GET YOUR LANDLORD FINED (OR EVEN CRIMINALLY CHARGED!)

– THE RENTAL ENFORCEMENT UNIT WILL EVEN CALL YOU LANDLORD AND WARN THEM OR FACE THE CONSEQUENCES!

If you are a tenant of a rental property in Ontario, the Rental Housing Enforcement Unit can help you by:

-listening to your complaint
-explaining your rights and responsibilities under the Act
-working with you and your landlord or tenant to resolve issues
-carrying out formal investigations when issues cannot be resolved fining or criminally charging your landlord

So what are some of the offences landlords do that will lead to huge fines and even criminal charges?

-disconnecting or interfering with a vital service that the landlord is required to supply to tenants (e.g. heat, electricity, fuel, gas or water)

-failing to provide rent receipts to tenants who request them

-illegally evicting a tenant without following the eviction process

-failing to make a tenant’s belongings available within 72 hours of eviction

-collecting unlawful security deposits

-altering the locking system for a rental unit or residential complex without giving the tenant replacement keys

-providing false or misleading information in documents filed with the Landlord and Tenant Board

-Not providing proper notice to come into your home

-Taking pictures in your home when you do not agree

-Having real estate agents keep bothering you with no proper notice and harassment

-Tons of other offenses under the Residential Tenancies Act (basically anything your landlord does that you fee is unfair…..report them!)

HOW DO I GET THE RENTAL ENFORCEMENT UNIT TO CALL MY LANDLORD AND WARN THEM, FINE THEM OR CRIMINALLY CHARGE THEM?

Landlords and tenants in Ontario may report any offence under the Act by contacting our call centre.

Telephone: 416-585-7214
Toll-free telephone: 1-888-772-9277

Call centre hours:
Monday – Friday
8:30 a.m. to 5:00 p.m.

Check it out at: http://www.mah.gov.on.ca/page142.aspx

DO IT! PROTECT YOURSELF AND YOUR FAMILY!

Already the Ontario website seems be trying to mislead Tenants on rights. But the reality is you can report your landlord and not only teach them a “life lesson” being fined or being jailed, but you are helping get rid of these bad landlords who hate tenants.

If you have any problems with your landlord and want fast action, call the ONTARIO GOVERNMENT RENTAL ENFORCEMENT UNIT, FREE OF CHARGE, AND START THE INVESTIGATION INTO YOUR LANDLORDS ACTIONS.

Together we are stronger.

And tenants are united on telling the truth to help Tenants on this forum (and not a government funded tenant site that is bought and paid for with big pay checks and won’t tell Tenants the real truth about how we can protect ourselves!)

Abused tenants can get justice.

And Bad Landlords will pay the price!

DO NOT BE AFRAID!

Your complaint is confidential and you have nothing to fear!

As more tenants use this helpful service there will be more and more huge fines and especially MANY MORE criminal charges against landlords.  This will improve the rental industry, especially as more slumlords and landlords who abuse their power will be in jail!

Report Your Landlord For Any Dispute You Have! It’s A Free Ontario Government Service! You Have Nothing To Lose, and It’s Confidential!

Toll-free telephone: 1-888-772-9277

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 Tenant Board Is Facing New Challenges And Needs Your Help

Friday, January 1st, 2021

Let’s Fix The Landlord and Tenant Board in 2021

Small Ontario landlords were happy when the Ontario Landlord and Tenant Board (LTB) finally re-opened and began having video hearings.

The LTB had been closed for months and this led to some tenants not paying rent. Not getting rent created severe financial challenges for thousands of small ‘mom and pop’ landlords all over Ontario.

A Disaster For Small Landlords

Some landlords even had to sell their rental properties because they needed rent in order to help cover their mortgages, property taxes, and increasingly expensive maintenance costs.

Many others had to max out their credit cards, get loans and borrow money just to keep from going bankrupt. They are now worried about getting the needed income to pay for these huge debts.

For many small landlords the LTB shut down was a nightmare.

When the LTB finally re-opened small landlords felt better and began to trust the system to help them. However, there was great frustration within our community over the long wait times to get a hearing date.

Finally, over the past couple of months the LTB has started to operate efficiently to clear the incredibly long backlog of cases.

Small landlords, at last, began to see the light at the end of the dark, long tunnel.

Tenant Groups: The Landlord and Tenant Board Is In a “Crisis”

Now that hearings have started many tenant groups are unhappy and want to shut down the LTB.

They say there is a crisis at the Landlord and Tenant Board.

They claim that the online hearings are unfair to tenants who have not been treated with respect. In addition, they say some LTB adjudicators are not acting professionally and denying tenants their legal rights.

This led the NDP to call for a shut down of the LTB

The NDP wants to shut down the LTB and ban evictions.

All tenants get free legal help (no matter their income) and the legal clinics have reached out to the Human Rights Commission to halt Hearings and re-examine LTB decisions over the past few months.

Ontario Small Landlords Need The LTB To Remain Open…We Also Want Fairness for Both Good Landlords And Good Tenants

Most small ‘mom and pop’ landlords are good, working class people who want to create high quality, affordable housing. We want to take care of our tenants and our rentals and hope it can help provide a little bit of cash flow and help us during our retirement.

We used to rent ourselves and have relatives and friends who rent now. We have nothing against good tenants and just want a fair, efficient system to help both good landlords and good tenants.

These are challenging times and the LTB reached out to the Ontario Landlords Association to ask for our members help.

This was sent to us by the leadership of the Ontario Landlord and Tenant Board:

December 22, 2020

TO:                 Ontario Landlords Association Stakeholders

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

RE:                 Year-end Message from the LTB Associate Chair and Registrar

It has been a hard year for so many of us, and for so many reasons.

As a result of COVID-19, LTB operations have transformed at unprecedented speed and scale. Our service counters remain closed and hearings continue to be conducted by videoconference, teleconference, and through written submissions.

The LTB has been working continuously to offer quality dispute resolution for the thousands of people across the province who rely on us while prioritizing the health and safety of all.

During this change, we would like to express our appreciation for you, our stakeholders, for your patience, cooperation, and shared commitment to fair and timely dispute resolution.

In July, as a result of amendments to the Residential Tenancies Act, 2006 (RTA) the LTB proposed changes to its Rules, guidelines, and forms and opened the door to public and stakeholder input. In August and September, we met virtually with more than 15 stakeholder groups and received more than 40 written submissions. Since then, we have met virtually with more than 18 stakeholder groups.

Your willingness to engage openly and honestly with the LTB has been important to our process. Not only did we receive helpful feedback on the proposed changes to our materials and procedures as a result of Bill 184, but you also raised concerns and offered advice related to topics like virtual hearings, electronic filing, and the use of alternative dispute resolution.

The LTB is committed to open and ongoing stakeholder engagement. We value your experience and perspective on landlord and tenant matters.

In January, we will organize another round of engagement meetings with stakeholders. These meetings will complement a call for written feedback on proposed changes to guidelines and forms for upcoming RTA changes related to Bill 184. We welcome your input on our proposed changes to our processes and procedures. We hope you will participate.

Before we close, we’d like to take this opportunity to share a few operational updates.

We will continue to hear tenant applications and urgent matters from December 22 to January 4. In early January, the LTB will add landlord-seized and adjourned matters to the schedule, and landlord and tenant case management hearings will resume. Hearings for all application types will resume on January 18, 2021.

Finally, as we continue to work to address the large volume of pending applications and requests, we continue to ask for your patience.

Applicants will continue to experience delays. At this time, the LTB is shifting its operational staff to respond to priority areas and cannot provide accurate application processing and customer service response times. Once an application is processed, a letter will be sent to the applicant providing their file number so they can Check File Status on our website for their hearing date once it has been scheduled.

To stay up-to-date on other developments at the LTB, we encourage you to visit our website regularly and subscribe to our Latest News.

Thank you again for your continued engagement with the LTB. This meaningful dialogue provides the LTB with a deeper understanding of the challenges faced by our users and helps us to identify opportunities to improve everyone’s experience with the board.

On behalf of all LTB staff and adjudicators, please accept our warmest wishes for a safe holiday and Happy New Year. We look forward to connecting with you in 2021.

Warmly,

[original signed by]       [original signed by]

Karen Restoule

Associate Chair

Lynn Dicaire

Registrar

 

Let’s Fix The LTB in 2021

We appreciate the LTB reaching out to us once again.

Many don’t realize the OLA stopped a lot of extremely anti-small landlord measures in the past by being in regular contact with former Premier Kathleen Wynne (also when she was Housing Minister) and explaining our positions.

For example, “Own Use Evictions” still exist…when it almost didn’t thanks to the efforts of many of our senior OLA members.

Small Ontario landlords need the LTB to remain open to evict those who haven’t pay rent for months and leading to ridiculously unfair hardship on us.

We also understand the tenant groups frustration with some adjudicators not being fair. The LTB is a “court” and we need to make sure that the LTB treats both landlords and tenants with respect and the ability to make our cases.

Small Ontario Landlords Can Provide Solutions

Make sure you contact us with your ideas, concerns and hopes to fix the LTB and protect good landlords and good tenants (and making sure the bad apples are treated accordingly.)

There are too many “one person” shows now and we need to all come together and be united. Together we are strong.

Contact Us – Make Sure Your Voice Is Heard LOUD AND CLEAR:

Please send us your thought and ideas.

What happens in the next 30 days will have a major impact on the Ontario private rental industry for years to come.

Play a role and get your voice heard!

Email: landlordvoices2021@activist.com

The Landlord And Tenant Board (LTB) Must Remain Open

Tuesday, December 1st, 2020

Small Landlords Have Waited Long Enough To Evict Non-Paying Tenants. Many LLs Not Been Paid Rent For Months

The Ontario NDP wants to shut down the Landlord and Tenant Board. You can read about it here.

The NDP claims there is a lot of ” growing, disturbing reports of systematic procedural unfairness” going on.

They want the Ontario Human Rights Commission to shut down Hearings:  “Board hearings should be postponed for tenants who are unable to participate fully in virtual hearings during the COVID-19 pandemic…”

Along with this there is lots of talk on social media and around the province that Ontario is going to a have a harsher lock-down soon due to the Covid-19 virus.

This lock-down will last for a long time and many services will be shut down in 2021. Even Prime Minister Trudeau is predicting a “Long, Dark Winter” where people will need to stay in our homes and there will measures more strict than ever before.

Tenant groups and others on social media (and leaks from those in the Ministry) are claiming a part of this will be another lock down of the courts.

And this lockdown will include the closing the Ontario Landlord and Tenant Board (LTB)

The Ontario Landlords Association And Our Members Demand The Landlord and Tenant Board (LTB) Remain Open!

Our members across the province cannot survive any more delays. We have mortgages, property taxes and maintenance repairs to be paid.

We understand the situation that some tenants may face in getting fair access to online hearings.

This is not our fault.  The fault is with those running Landlord and Tenant Board.

There are numerous mistakes which were made. Not the least of which was failing to hire more adjudicators last year to cut the incredibly long wait times for landlords to even get a Hearing date.

If there are real problems with the operation of the current Landlord and Tenant Board…fix it!

We call for an complete review of the Landlord and Tenant Board and all those involved running it. With the rental industry being so important we need professional staff and an efficient method of justice for both landlords and tenants. There needs to be changes and improvements.

Small “Mom and Pop” Landlords Cannot Survive Another LTB Lockdown!

The Ontario Landlords Association and our thousands of members all over Ontario continue to suffer not through not any fault of our own.

We need to have access to justice and want the Ministry to prepare to allow landlords access to justice even during a “long dark winter.” We need action now!

Keep The Landlord And Tenant Board Open So Small Landlords Can Get Access To Justice