Small Ontario landlords from all across the province were shocked when news broke that evictions would not be enforced during the latest emergency lock down.
After waiting for months and months, small landlords were happy to find the Ontario Landlord and Tenant Board (LTB) finally re-opened and began having video hearings.
Not getting rent created severe financial challenges for thousands of small ‘mom and pop’ landlords all over Ontario.
You Waited For Months, Got The Legal Eviction (Because You Were Right) And Now Tenants Can Still Stay While Not Paying
Many small landlords have had to sell their rental properties or max out their credit cards just to stay solvent. Others trusted the system and held on and got their eviction order in the past couple of months.
Getting An Eviction Order From the LTB Is Step #1
When you get an eviction order and your tenants don’t move landlords must hire (and pay a lot of money to) the Sheriff aka “Court Enforcement Office”.
This is Step #2
The Sheriff has the right to remove tenants who don’t follow the eviction order. They “enforce” the order and make sure justice is served.
Step #2 Has Now Been Stopped In Most Cases
So you waited for months, finally got your LTB Hearing, you won and now you want to take your home back.
Not anymore. Enforcement is now cancelled in most cases (such as non-payment of rent).
These are challenging times and the LTB reached out to the Ontario Landlords Association to explain.
January 14, 2021
TO: Ontario Landlords Association Stakeholders
FROM: Karen Restoule, Associate Chair, Lynn Dicaire, Registrar
RE: Announcement on Temporary Pause Evictions
Today, the Ministry of Municipal Affairs and Housing announced a temporary residential evictions moratorium effective January 14, 2021 during the provincial declaration of emergency and while the stay-at-home-order is in force.
At this time, the Landlord and Tenant Board (LTB) will continue to hold hearings for all types of applications and issue orders, including orders for evictions. This will help ensure that tenants and landlords seeking resolution from the LTB are provided access to justice with minimal service delays.
The LTB will continue to conduct hearings by videoconference, phone or in writing to protect the health and safety of Ontarians.
As set out in regulation, most eviction orders will not be enforced by the Court Enforcement Office (Sheriff’s Office) while in effect.
We continue to encourage landlords and tenants to work together to resolve their disputes during this challenging time.
The LTB is carefully monitoring the situation and operational changes, if any, will be posted to our website.
We are open to and welcome your feedback as we value your perspective on landlord and tenant matters. Thank you for your patience and cooperation.
We remain committed to providing fair, effective and timely access to justice.
Sincerely,
[original signed by] [original signed by]
| Karen Restoule
Associate Chair |
Lynn Dicaire
Registrar |
Experienced And Professional OLA Members Worry: How Long Will the Emergency Continue And Evictions Not Be Enforced?
We all hope the emergency lock down ends soon. But what if it doesn’t? That will mean small “mom and pop” landlords who provide high quality, affordable housing all over Ontario will suffer.
We are working class people who have invested to create the type of excellent and safe rental properties we always were looking for when we rented.
Allowing non-paying tenants to stay in our homes, or landlords who need to move back to their rental property home to frozen out will be a disaster.
Small landlords are not corporate landlords who have millions of dollars in their vaults and foreign investors to bankroll them.
We are people, who work, follow the system, and want to succeed.
We need to prepare now for an extended lock down to protect small landlords.
