Posts Tagged ‘Residential Tenancies Act’

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

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.

TAKE ACTION! Ontario Landlords Need To Be Protected From Legal Marijuana

Friday, September 7th, 2018

Marijuana Will Be Legal In Canada On October 17th, 2018 And The Current Rules Allow Ontario Tenants To Smoke Weed In Our Rentals and Even Grow Plants!

Experienced, Veteran Ontario Landlords Say This Will Lead To Disaster For Small Landlords Across Ontario.

Other Provinces Have Made Changes To Protect Landlords…And We Need Changes Too!

Ontario Landlords Need To Be Protected From Tenants Smoking Weed In Our Rental Properties and Growing Marijuana Plants. 

We Also Need A New Quick And Efficient Way To Evict Tenants Who Smoke or Grow Causing Huge Problems for Other Tenants In the Unit.

We Need To Protect Landlords, Our Tenants, and Those Investing in Rental Properties in Ontario!

Let Premier Ford and Housing Minister Clark Know We Need Urgent Changes. 

(click the above image to Take Action )