Moncton tenants dodge 94% rent increase shortly after N.B. rent cap expires
Landlord still seeking increase of 55 per cent
If implemented, it would have been a 94 per cent increase.
"My partner and I looked at it and we were like, this can't be legal," said Wallace.
"We were shocked."
This week Wallace's landlord, Moncton developer Stephen Gallant, rescinded the increase and in an interview called it poor judgment on his part. He still plans to raise rent on Wallace's unit to $1,395, a 55 per cent increase.
Stephen Gallant issued rent-increase notices to tenants of his mixed-use Robinson Street building, including one at 94 per cent. This week he rescinded the notices and apologized, but is still asking for double-digit increases in most cases. (Michel Nogue/Radio-Canada)
He and Wallace disagree on whether it is a one or two-bedroom unit, but in Gallant's view a 94 per cent increase would fairly bring Wallace's rent up to market rates in Moncton. Still, he said he accepts that 94 per cent was too much to impose at once.
"In business you don't always make the right decision," said Gallant.
The notice to Wallace, and notices for differing amounts to other tenants in his downtown Moncton building that he also rescinded, signal the start of what could be a tumultuous year for renters in the province.
It's cutthroat out there
- Leigh Johnson, Moncton tenant
On Jan. 1, New Brunswick ended a one-year hard cap of 3.8 per cent on rent increases, implemented to protect tenants from excessive price spikes.
Instead, the province is counting on the marketplace, responsible landlords, new rules and more powers for government tenancy officers to help keep rent increases fair.
But with inflation high and vacancy rates low, what landlords will be asking for, and what the province will accept as being fair if tenants object, is not entirely clear.
Leigh Johnson is Wallace's neighbour in the same building and is facing that dilemma. She initially received a rent increase notice from Gallant of 41 per cent — from $800 per month to $1,125.
Leigh Johnson, left, and her sister Bailey, each rent an apartment in the same Robinson Street building. They were both looking to move after getting 40 per cent rent-increase notices, but are rethinking that after the increases were cut in half. (Vanessa Blanch/CBC)
"It really shook me," said Johnson, who works in the service industry.
"We're just going to keep seeing prices go up and up, and that to me is very scary. This is just another example, like 'oh my gosh am I going to be homeless next month.'"
Johnson immediately contacted the province's Residential Tenancies Tribunal to object. She said no one got back to her on that, but on Tuesday, Gallant retracted the $325 rent increase on his own, apologized in person for issuing it and replaced it with a rent hike of $175 to take effect next summer.
Johnson is happy with the improvement, but it's still a 22 per cent increase and she is not entirely sure how to react to that.
New rules allow provincial tenancy officers the discretion to require a landlord to spread an increase over two years if it is double the rate of inflation and over three years if it is triple inflation or more.
Jill Green, the minister responsible for housing, announced in November New Brunswick was ending its one-year experiment with hard rent-cap protections for tenants. Instead the province adopted new rules about how and when increases can occur and how tenants can object. (Shane Fowler/CBC News)
But there can be exceptions. If a new, higher rent will still be lower than what other similar apartments in the area rent for, a large increase can be allowed to proceed all at once.
A brief look at Moncton's current rental market convinced Johnson a 22 per cent increase may still leave her paying less than others in that city. That, and the non-response she got from her initial complaint to the tenancies tribunal has her considering accepting the new amount without a fight.
"It's cutthroat out there," Johnson says about renting in Moncton.
Melanie Wallace has a similar decision to make about whether to accept or dispute her 53 per cent rent increase. She said being a renter has become "scary and uncertain" in the last couple of years, especially for those with limited incomes.
Tribunal 'overworked' says advocate
Jael Duarte is a lawyer with the New Brunswick Coalition for Tenants Rights.
She said she isn't surprised by the size of the rent increases being faced by Wallace and Johnson and fears a wave of others like them in the wake of the rent cap ending.
And she has doubts the tenancies tribunal has the resources required to properly police a large number.
"They are overworked at the tribunal," said Duarte.
New Brunswick Coalition for Tenants Rights lawyer Jael Duarte expects a large number of tenants to be hit with major rent hikes in 2023. (N.B. Tenants Rights Coalition)
"They are already responding slower than before."
Figures do show applications to the Residential Tenancies Tribunal for help with a rent increase jumped to 44 in December. That's up 29 per cent from November when the end of the rent cap was first announced.
But Duarte expects that number will grow.
Under new rules, landlords must give six months' notice of a rent increase and tenants have 60 days to ask the tenancies tribunal for a review, both changes the province says will help tenants in the absence of the rent cap.
ABOUT THE AUTHOR
Mom, daughter face homelessness after buying home and tenant refuses to leave
Elsie Kalu lost job, seeking shelters, and begging Landlord Tenant Board for hearing
An Ottawa homeowner says she and her daughter could soon be homeless because they can't move into the townhouse she bought in April due to a tenant who refuses to leave — and she blames the Ontario government for failing her family.
Elsie Kalu says the ordeal led to her losing her job, plus she is now at risk of getting kicked out of her rental and faces threats of foreclosure — losing her property to the mortgage lender. She is begging Ontario's Landlord and Tenant Board (LTB) to grant her a hearing so she can state her case to evict her tenant and finally move into the home she bought.
"Why would the government allow another person to take everything from one person? It's like robbing the poor to pay the poor," said Kalu, standing outside of the home she hasn't entered since buying it.
"It can't be right. I cannot provide social services for another citizen. I'm not rich enough."
It's like robbing the poor to pay the poor.
- Elsie Kalu, Homeowner
Kalu became a small landlord when she purchased a townhome in the city's eastern suburb of Orléans.
Small landlords — those who typically own just one or two rental units — can become homeless when a tenant refuses to pay rent and leave a space the landlord needs for their own accommodations.
CBC previously spoke to landlords who were homeless due to major delays in getting a hearing and eviction order from the LTB — the body that makes decisions for disputes between landlords and tenants.
Kalu moved across the river from Gatineau, Que., to Ottawa in 2021 to access better health-care services for her daughter, who has autism.
She bought the townhome sight unseen during the pandemic real estate boom through a real estate wholesaler, which buys and sells off-market homes at below-market value, and avoids realtor fees — a risky move, she acknowledged in hindsight.
Kalu bought this home, at middle, and wanted to move in. She has no date yet from the Ontario Landlord and Tenant Board to hear her case to evict the tenant and occupant. (Francis Ferland/CBC)
It was only after signing the purchase agreement in January, Kalu said, when she found out she had an unco-operative tenant and a male occupant.
Kalu closed on the home in April but says she's received no rent so far, and has started a file with the LTB about this.
CBC has tried to contact the two occupants.
When a reporter knocked on their door, which was barricaded from inside with plastic boxes, they did not answer and shut their curtain as music blared from inside the home.
A lawyer representing them said Kalu should go through the LTB "if she believes that she is actually owed rent."
No job, no money for daughter's therapy
The LTB has a service standard to schedule hearings within 25 business days. An update this July says it should take seven to eight months.
Kalu filed an eviction application to the LTB in May.
Since then, she's trying to fork out more than $5,000 a month for the home she's currently renting, and utilities, plus the mortgage, condo fees, and property taxes for her Orléans home.
According to her LTB submission, Kalu lost her job this August as a financial adviser, which required her to pass a regular credit score check. She's been taking out loans and racking up her credit card debt, so her score didn't meet her company threshold.
"I'm just sinking ... Financially, it has wrecked me," said Kalu. "This has ruined me emotionally and mentally."
Kalu and her four-year-old daughter stand in the driveway of the home the family owns and wants to move into. She says her daughter, though enrolled, isn't able to attend the school near this home nor access speech therapy. (Francis Ferland/CBC)
The submission goes on to say Kalu's four-year-old daughter was diagnosed with autism last year, but still can't attend the school near the new home, which promised to provide her a speech therapist and other resources.
For the past three months, Kalu said she stopped critical therapy for her daughter because she can't afford it.
Denied expedited hearing, foreclosure threat
Then earlier this month, Kalu's lender sent her an email indicating it would consider legal action should she miss another mortgage payment this December.
"So if the LTB doesn't help me ... everything I've worked for, all that I've invested, I could just lose it," she said.
Kalu's current landlord also issued her a notice to end her tenancy for missing one month's rent.
Kalu says she's called three local shelters — one that had a wait list of two years, and the others said they can't accept her until she's actually homeless.
"So basically, 'we cannot help you until the day you'll be really ending up in the gutter,'" said Kalu.
Kalu holds a document from the LTB, denying her an expedited hearing, citing her issues aren't urgent enough. (Francis Ferland/CBC)
Kalu's paralegal filed a request to expedite her hearing. The LTB refused in September saying the case isn't urgent enough, according to its threshold.
"I'm frustrated, I'm outraged, I'm angry and I'm sad," said Kalu. "They can't stay forever because I can't [continue to] pay [the] mortgage and be homeless, and that's what's about to happen now."
"My daughter can't end up on the streets. I cannot end up on the streets ... I need my home."
Tenant silent, lawyer responds
Kalu gave her tenant an N12 notice this April — a form under Ontario's Residential and Tenancies Act to notify tenants about a landlord's intention to move in. She's also served the tenant multiple N4 notices for non-payment.
Lawyer Michael Thiele, who represents the tenant and the male occupant, said in an email that his clients have "the right to occupy the premises for an indefinite period of time."
"Everyone knows how inflation has caused rents to skyrocket. Affordability is a huge problem. Moving onto the street is not an option," Thiele wrote.
When asked why the tenant hasn't paid rent, Thiele suggested Kalu take it up with the LTB "if she believes that she is actually owed rent," but didn't elaborate or provide proof of payment when CBC followed up.
Kalu has a separate application open with the LTB for the tenant's non-payment of rent.
WATCH | Kalu tries to enter her home for the 5th time with CBC Ottawa:
According to Kalu's submission, the occupants refused to let her inspect the home four times despite 24-hour notices — by posting doctor's letters on their door citing COVID concerns stating they're unvaccinated.
Thiele responded to this stating the household is "entitled to protect themselves."
A landlord can enter a rental unit after giving 24-hour notice to carry out an inspection to see if it's in good repair, to carry out repairs, or for "any other reasonable reason" set out in the lease, according to the Residential Tenancies Act.
The occupants also refused to let an appraiser in to appraise the home, the LTB submission states, so Kalu couldn't get financing with her bank — forcing her to delay the closing and use a private lender with an 8.99 per cent interest rate and two per cent lender fee.
"The rights of entry are stipulated in the Residential Tenancies Act. This is not one of them," Thiele wrote. "Why should a tenant allow a landlord to enter a property to snoop around? This is the tenant's home and arguing that the tenant should open her door to the whims of the landlord disregards the fact that a person has the right to privacy in their home. The tenant doesn't need a reason to refuse. The landlord needs a legal reason to enter — the difference is significant."
The Act states a landlord can enter to allow a potential mortgagee or insurer to view the unit.
Kalu's LTB submission also states an occupant told her "the house is dilapidated," but refused to allow tradespeople she hired to enter.
Thiele said his client disagrees with this characterization, and said the tenant may file against Kalu at the LTB for the condition of the house, citing rent abatement.
On the left, Kalu's 24-hour notice of intent to enter posted on the home. On the right, a sign put out by the occupants stating they're quarantining. (Submitted by Elsie Kalu)
Kalu said in her submission that the first time she met the tenant and the male occupant, they closed the garage door on her and her daughter's head.
In response, Thiele said tenants may have the right "to repel trespassers who refuse to leave" and said landlords can call police should they feel they have been wronged.
CBC asked the LTB for submissions or responses filed by the tenant in relation to Kalu's eviction and non-payment applications, but the LTB said it found none.WATCH | Small landlords advocate talks possible solutions for LTB backlog:
CBC spoke with the previous landlord who said he's rented the home to the tenant for about a decade.
He said he began having issues with the two occupants just before the pandemic, when he notified them he wanted to sell the home after getting diagnosed with cancer.
The former landlord said the LTB had failed him, too, as he never made it through an eviction hearing after applying for one.
Who's responsible for failing landlords?
"My anger to [the tenant] is limited, but my anger to the government, my anger to LTB, that is the part that really drives me crazy," said Kalu.
"They should not let this happen."
In an email to CBC, Ontario's Landlord Tenant Board blames the Ontario government's temporary moratorium pausing eviction hearings from March to August 2020 for its longer-than-average wait times and backlog. It's working to modernize operations and hire more staff to help go through the backlog, a spokesperson wrote.
It says, as of Sept. 30, there were 36 full-time and 47 part-time adjudicators at the LTB.
The LTB would not answer whether the board was responsible for failing small landlords, redirecting the question to the Ontario Attorney General's office. That office declined to comment.
When asked who could compensate small landlords who have become homeless, forfeited their homes, and lost thousands of dollars in arrears due to LTB delays, the tribunal referred CBC to Ontario's Housing Ministry.
When asked whether there are discussions to create separate considerations for small landlords in the Residential Tenancies Act, which advocates say is allowing some to fall through the cracks, the LTB again referred CBC to the Housing Ministry.
The Housing ministry also didn't answer those questions directly, but said it's committed to the well-being of Ontarians, continuing its work on homeless prevention, and "making sure tenants and landlords are treated fairly."
Small Ownership Landlords of Ontario, who's advocating for small landlords like Kalu, calls the LTB's delays 'cruel and unusual punishment'. (Francis Ferland/CBC)
"This is a cruel and unusual punishment [for Kalu]," said Varun Sriskanda, a board member with Small Ownership Landlords of Ontario, a not-for-profit group for small landlords.
The LTB must fix its backlog as soon as possible, Sriskanda said.
It needs to hire more adjudicators and stop doing hearings virtually, as it's allowed for delays and distractions by those who aren't tech-savvy, he said. The $19 million the Ontario government pledged this year to tribunals won't go far enough, he said.
"It's an absolute mess," said Sriskanda. "It's failing tenants and landlords entirely."
ABOUT THE AUTHOR
Michael K. E. Thiele
Partner
| Phone: | 613-563-1131 ext. 226 | |
|---|---|---|
| Fax: | 613-230-8297 | |
| Email: | mthiele@ottawalawyers.com |
Mr. Thiele has a diverse business background in agriculture and the hospitality industry in Eastern Ontario. After attending University in Maine, U.S.A., and Glasgow, Scotland, he returned to Ontario to complete his law degree at Queen’s University at Kingston, Ontario. Mr. Thiele was called to the Ontario Bar in 1997 and has practiced law in Ottawa since that time. In 2001 he formed a law partnership with two colleagues. The firm expanded, added associates as its reputation grew and two additional partners were added in 2010. His firm, Quinn Thiele Mineault Grodzki LLP, began to restrict the practice to personal injury work in mid 2010 and presently this makes up the majority of the cases the firm takes on. Mr. Thiele retains his passion for residential landlord and tenant law. He maintains a significant blog that can easily be found in a Google search and he continues to teach Landlord and Tenant law to paralegal students at Algonquin College who are seeking to be licensed as paralegals by the Law Society of Upper Canada. Mr. Thiele’s practice consists of landlord and tenant law and general litigation including personal injury, property losses, insurance claims, and disability insurance matters. Mr. Thiele most enjoys representing individuals before various administrative law tribunals, boards and committees.
Areas of Practice
- 50% Residential Landlord and Tenant Law
- 30% General Litigation
- 20% Administrative Law (various tribunals, boards, committees)
Litigation Percentage
- 80% of Practice Devoted to Litigation
Bar Admissions
- Ontario, 1997
Education
- Kingston – Queen’s University, Faculty of Law, Kingston, Ontario, Canada
- A.B., Bachelor of Arts cum laude – 1992 Major: History – Colby College, Waterville, Maine
Ontario Increases Funds for Clearing Landlord Tenant Board Backlog
Ottawa Lawyer, Michael Thiele Weighs In on the Announcement
In a recent interview with the Ottawa Citizen, Michael Thiele, an Ottawa lawyer who represents both landlords and tenants, offered his views on the latest announcement by the Ontario government. Attorney General Doug Downey announced that over the next 3 years, Ontario will spend in excess of $19 million to help facilitate faster decisions at the Ontario Land Tribunal and the Landlord and Tenant Board.
Thiele’s perspective is, “More money to make things faster does not mean that things will be fair or reasonable. Fast decisions are worth nothing if they are not fair decisions. Without fair hearings, no decision can be perceived as fair even if the correct decision happens to be made.”
A partner at a leading personal injury law firm, QTMG, Thiele, along with other Ottawa lawyers, is concerned that the province is likely to move hearings online permanently, and this digital process has already proven to be confusing and stressful for all parties.
In many cases, neither the landlords nor their tenants have the required technology or adequate skills to work through cases in a digital environment, he said. When it comes to residential landlord and tenant law, in-person meetings in a pre-pandemic world are the best way to clear backlogs, and this must continue now that the economy has opened up again.
While the province is confident that the infusion of funds will help create more affordable housing by reducing delays at the Landlord and Tenant Board, Thiele’s opinion is that “People are fighting before the board to keep rental housing because they have no place else to go. They are motivated to slow down the process.”
You can read the full article here.
'People are being shown no mercy': Online evictions raise alarm in Ontario
It's 'absurd' to evict people during a health crisis that has left many unable to pay rent, advocate says
A Toronto mother said she struggled to keep up with bills after losing work in the restaurant industry. A Hamilton man behind on rent payments said he was staying in touch with his landlord about his financial situation after being laid off.
"It's COVID, people struggle," he appealed to Landlord and Tenant Board member John Mazzilli during the Dec. 18 block of hearings — all of which involved non-payment of rent.
Similar scenes playing out over the last several weeks have raised concern among Ontario advocates, who say the resumption of evictions in the pandemic's second wave coincides with a shift to online-only hearings that stack the deck against tenants.
"These people are being shown no mercy," Kenn Hale with the Advocacy Centre for Tenants Ontario (ACTO) said in a recent interview. "They're expected to pay and pay now or get out."
Hale, director of advocacy and legal services for ACTO, said it's "absurd" to evict people during a health crisis that has left many unable to pay rent due to lost income.
"It's bad enough in normal times for people to lose their homes and to be treated unfairly in an administrative proceeding. But it can be life or death in the kind of situation we're in now," he said in a recent interview.
A group of Ontario legal clinics wrote to Tribunals Ontario in October with proposed guidelines for adjudicators considering evictions cases during the pandemic — including the public health risk and pressures on people's finances. The group said they had not received a response as of mid-December. (Cole Burston/The Canadian Press)
Evictions were suspended until late summer, and the Landlord and Tenant Board is now working through a backlog of cases that observers say predated the pandemic and has grown this year as more people lose income.
Tribunals Ontario doesn't keep track of evictions, but according to ACTO, the board heard more than 7,000 cases in November. Ninety-six per cent of those were filed by a landlord against a tenant, the centre said. As of Dec. 14, a total of 4,597 hearings were scheduled for the month.
Hale said the shift to an online-only hearing model has made it harder for tenants to present their circumstances or access legal advice, including through ACTO's duty counsel program.
Lawyers must now introduce themselves to tenants in the virtual session, in front of all other participants, and both need to exit the meeting to speak privately.
Hale said such introductions don't always run smoothly, with lawyers entering "chaotic" hearing situations where they struggle to make themselves heard.
Bill 184 concerns
There's also concern about changes under Bill 184, which became law in the summer. It allows landlords to offer repayment agreements without appearing before the Landlord and Tenant Board, so some tenants are signing on to potentially unreasonable repayment terms without fully understanding their rights, Hale said.
A group of Ontario legal clinics, including ACTO, wrote to Tribunals Ontario in October with proposed guidelines for adjudicators considering evictions cases during the pandemic — including the public health risk and pressures on people's finances.
Hale said the group had not received a response as of mid-December.
The Progressive Conservative government has not yet acted on an Opposition motion supporting a freeze on evictions that passed unanimously this month, days before the legislative assembly adjourned until February.
NDP MPP Suze Morrison, who introduced the motion, said the online hearing format isn't accessible for people with visual impairments or those who don't have stable internet access, among other challenges.
"I'm deeply concerned that there are human rights violations happening here," Morrison said by phone.
A statement from Premier Doug Ford's office this month said the government "is continuing to explore ways to further support Ontarians during this difficult time."
'Digital-first strategy' from Tribunals Ontario
Tribunals Ontario, meanwhile, said it's pursuing "a digital-first strategy to meet the diverse needs of Ontarians and enhance the quality of our dispute resolution services."
It said requests for in-person hearings would be considered on a case-by-case basis to ensure people are accommodated under the Human Rights Code. As of mid-December, Tribunals Ontario had not confirmed if any in-person hearings had been approved.
Sam Nithiananthan, an organizer with People's Defence Toronto, said the online hearings have been a "double-edged sword" in the evictions process, as allies can now tune in and support their neighbours.
Nithiananthan said the crisis has exposed long-standing issues faced by renters in the city, and it's motivated tenants to organize in larger numbers than he'd seen before.
"What has been shifting is tenants are now standing up," he said.
Tenant organizer Bryan Doherty with Keep Your Rent Toronto said his group and others have called for rent relief that goes beyond a moratorium on evictions, arguing that simply pausing evictions would leave cases to pile up.
"We knew that a moratorium at the beginning of the COVID crisis would actually just produce an eviction blitz midway through the crisis, which is what we're seeing now," he said by phone in a mid-December interview.
Rents have long been unaffordable in Ontario's largest city, and Doherty said "COVID kind of threw gasoline on that fire."
He said pressure needs to be applied to landlords and governments to address the housing crisis affecting working-class tenants during the pandemic and beyond.
"I don't think it's going to be the same. The question is whether or not it will be worse or slightly better," he said.
Evictions during pandemic could increase spread of COVID-19: Waterloo region lawyer
196 households faced eviction in Waterloo region between Nov. 24 and Dec. 18
There were 196 households facing eviction hearings in Waterloo region between Nov. 24 and Dec. 18, according to Kristen Thompson, staff lawyer at Waterloo Region Community Legal Services, which provides services for low income community members.
Thompson said the Landlord Tenant Board (LTB) and Court Enforcement Office usually shutter operations over the holidays, but that wasn't the case this year. It has been working through a backlog resulting from the eviction moratorium at the start of the pandemic. That means evictions were enforced over the holidays and during the current lockdown.
"My concern is, as we enter a lockdown, without ensuring that our neighbours have a place to call home, we will see an increase spread of COVID-19. For example, tenants evicted might have to rely on the shelter system or go to crowded homes of friends and family, which would decrease the individuals ability to comply with social distancing directives," said Thompson, noting this could also overburden the shelter system.
Ontario's temporary moratorium on eviction orders was lifted in August.
Reinstate ban
Thompson, along with other advocacy groups and legal clinics in Ontario, is urging the province to reinstate a moratorium on evictions.
"Essentially what I think we need to do is impose another eviction moratorium, so not allow evictions at this point in time and again look to what support government has given to make sure rent is paid," she said.
She said the government must consider increasing funding to local rent banks, providing rent subsidies to market units and increase investment into affordable housing.
Thompson said many people can't afford rent right now, especially during a pandemic that has left many either without work or struggling financially. She said those who continue to receive Canada Recovery Benefit (CRB) or provincial social assistance either cannot afford rent or to enter a repayment plan.
On top of that, Thompson said, some tenants aren't attending their online eviction hearings because they can't access legal assistance or don't have access to technology.
NDP motion passed
Advocates and residents, including those in Toronto, have protested for the ban. The Ontario NDP party has also been outspoken on the issue.
Earlier this month, the legislature unanimously passed a motion put forward by Suze Morrison, NDP tenants rights critic, to ban residential evictions, but a law has not been imposed.
"So many families have lost their job or income through no fault of their own during this horrific pandemic. Yet Doug Ford is showing them no mercy. He refuses to sign an eviction ban into law," said Morrison in an emailed statement to CBC News.
"In communities all over the province, many of these evicted people have no good options. Shelters are full, and it's a dangerous time to apartment hunt, or to crash with friends or family from another household. These evictions are putting people at risk of catching and spreading COVID-19," Morrison added.
When asked by CBC News to respond to calls for another moratorium, the Ministry of Municipal Affairs and Housing highlighted in an emailed statement new measures that were introduced to protect tenants such as the Canada-Ontario Housing benefit, which provides rent assistance.
"We have also invested $510 million through the Social Services Relief Fund into our communities, which is being used toward rent banks and utility banks, and provides emergency loans for those most in need. We encourage those who are struggling to pay their rent to contact their local service manager to see what supports are available to them," the statement read.
Ontario temporarily pauses residential evictions for length of emergency declaration
The move marks the 2nd time the province has paused evictions during COVID-19 pandemic
The province's municipal affairs minister says the pause will ensure people can stay safely in their residences while a stay-at-home order remains in place.
The order, which came into effect today, requires all Ontario residents to stay home as much as possible, only leaving for essential trips.
This is the second time the province has paused residential evictions during the COVID-19 pandemic.
The Landlord and Tenant Board will continue to hear eviction applications and issue orders, but the enforcement of eviction orders will be postponed, except in urgent situations — such as for illegal activity.
The government says if tenants can pay their rent, they should continue to do so, or pay as much as possible.
The province declared the state of emergency on Tuesday and said it will stay in place for at least 28 days.
Suze Morrison, NDP MPP and tenant rights critic, is criticizing Thursday's order saying it still leaves people vulnerable to evictions during the pandemic. (Evan Mitsui/CBC)
Suze Morrison, the provincial NDP tenant rights critic, criticized Thursday's order saying it still leaves people vulnerable to evictions during the pandemic.
Morrison said the Ford government needs to institute a moratorium on all eviction notices, hearings and orders, as well as the suspension of eviction enforcement by the sheriff for the entire duration of the pandemic.
"Thousands of people in Ontario are at risk of being thrown out of their homes, through no fault of their own, after losing income this year because of COVID-19," said Morrison.
"Calling off the sheriffs at the eleventh hour from enforcing evictions that have already been ordered will not keep folks housed and safe."
The order also has "overly broad exceptions that will still allow eviction enforcement to continue under the new directive," Morrison said, and people have complained that virtual eviction hearings have been rife with procedural unfairness.
"Doug Ford has baked in loopholes you could drive a truck through, allowing any evictions to continue at the discretion of the Landlord and Tenant Board," she said.
With files from CBC News
Service Standards
Important Notice
July 25, 2022: Over the past two years the Landlord and Tenant Board has experienced significant challenges that have caused us to fall short of meeting our service standards. We are working to catch up but it is taking us longer than usual to process applications, schedule hearings, and issue orders. We are actively working to improve our service timelines and we thank you for your continued patience.
- On average, new and adjourned matters are currently being scheduled within seven to eight months from when they were received or adjourned. A Notice of Hearing will be sent to the parties before the scheduled hearing date.
- On average, orders are being sent approximately 30 days after a hearing related to an L1 or L9 application and approximately 60 days after a hearing for all other application types.
- You can check if a hearing has been scheduled or an order has been issued for your file by visiting the Check File Status page. If your file number begins with “LTB” (e.g. LTB-L-000420-21), you can check your file status by logging into the Tribunals Ontario Portal.
To avoid mailing delays, email the LTB office which is handling your file, and ask that your Notice of Hearing and order be sent by email.
Service Standards
Service excellence is a priority for the LTB. Our service standards keep us focused on providing our clients with fair, effective, and timely dispute resolution.
Applications to evict a tenant for non-payment of rent and for applications to collect rent the tenant owes:
- Applications will be scheduled for a hearing within 25 business days
- Decisions will be issued within 4 business days of the conclusion of the final hearing
All other applications (excluding L5 - Application for an Above Guideline Increase and A4s - Application to Vary the Amount of a Rent Reduction):
- Applications will be scheduled for a hearing within 30 business days
- Decisions will be issued within 10 business days of the conclusion of the final hearing
While the LTB is committed to these service standards, we recognize that every case is different and some decisions take longer to issue than others.
Small Ownership Landlords of Ontario started in the early spring of 2020 as a result of the numerous issues small Ontario Landlords were facing with the Landlord Tenant Board of Ontario. There are many landlord groups on Facebook but the majority are focused on the rental industry. A small group of individual mom and pop landlords began noticing the difficulties landlords were facing with an inefficient and backlogged LTB and decided to start a group on Facebook to offer suggestions, ideas and support.
Unlike big corporate landlords, small landlords often get into the housing rental market to supplement their income by renting out space in their own home, or through the purchase of a first home they plan to live in. Once COVID hit and the provincial government placed a moratorium on evictions, small landlords faced extreme financial hardship as tenants stopped paying rent. Even prior to the moratorium on evictions, the Residential Tenancy Act is complicated, hard to understand and follow and the LTB was already being investigated by the Ombudsmen of Ontario due to the increasingly lengthy delays in obtaining a hearing for anything from damages to property, non rent payments, illegal activities in the rental property etc.
Thus SOLO was born. Our presence has grown to over 2000 members on Facebook and Twitter. We are in the process of being registered as a not for profit organization. We meet monthly by video conferencing and have been working on the following activities:
Meeting with the Landlord Tenant Board Executives
We are planning to meet the LTB’s executives on Thursday October 29th, 2020. We are intending to present evidence that 1) the hearing schedule is still slow and not following first in first out 2) we have extreme cases that need attention 3) educate the LTB on the impact the delays are having on landlords well being 4) any general question you – SOLO members want – us to ask by sending it to solo@soloontario.ca .
Note that we are very fortunate to have this “high level access” so we will try to keep the communication frank and respectful. We will not push an individual agenda, but we will come with suggestions to speed up the process and bring fairness which I am sure the LTB itself will be interested to hear. We will not be going there only to complain but we will offer practical solutions.
Meeting the MP Housing Minister
A letter was sent to the PM for a virtual meeting to discuss our issues namely asking for financial relief due to the eviction ban and LTB closure. We have been directed to the minister of housing as this is under his jurisdiction for our demands.
SOLO member Ruby is also pursuing to reschedule a meeting with the Housing Minister’s Parliamentary Assistant, MPP Gill after the last minute cancellation earlier this month We will continue to pursue until we get a proper hearing with the political branch to ask for compensation.
Outreach with Law Enforcement
We are in the process of approaching the Law Enforcement across the province to try to get some understanding on the apparent lack of consistency when police are intervening with landlords / tenants issues that fall outside the RTA. A draft letter has been prepared and we will keep you updated.
If anyone has any suggestion or contact within the Law Enforcement outreach we will be more than glad to talk to them. Just send an email to solo@soloontario.ca .
Writing to local MPP’s and the Ombudsmen of Ontario
We encourage our members to write and call their local MPP and the Ombudsmen to advocate for change. The length of time for a hearing is closing in on 9 months and many of the small landlords will experience bankruptcy if evictions are not sped up considerably.
Your SOLO Board of Directors
| Asif Aftab | Asif Aftab is an IT professional and property owner in GTA. Asif has experienced firsthand the challenges posed by the professional tenants and the broken LTB system. The philosophy that underpins Ontario’s current system is that property owners are obligated to provide free housing to tenants if they decide not to pay the rent. Asif has joined SOLO to support other smaller property owners, advocate against the current LTB policies, and influence a positive change. |
| Boubah | Boubah believes that most tenants and landlords are decent law abiding citizens and the focus should be on encouraging small ownership landlords to stay in the rental business by making the LTB resolution system smooth and timely for the benefit of both (good) landlords and (good) tenants. |
| Crystal | Crystal is a professional accountant and small property owner in Southwestern Ontario. While blessed with great tenants, Crystal has witnessed the hardships suffered by small property owners and also learned how parts of the RTA, delays at the LTB, and new policies enacted by municipalities are contributing to the housing crises. Crystal wants to help influence positive change that supports responsible small landlords which benefits good tenants. |
| Varun Sriskanda | Varun Sriskanda is a licensed Realtor in Ontario with Re/Max Royal Properties and a lawyer licensing candidate with the Law Society of Ontario (LSO). He holds a Bachelors in criminology from the University of Windsor, a law degree from the University of Buckingham and a Masters in law from Osgoode Hall. He is passionate about all things real estate but mainly the rights of housing providers. |
| Raymond Rashid | Is a real estate investor and technology evangelist. He has expertise in Marketing, Analytics and Statistics. He hopes to use his ambitions and experience to help level the scales in matters of LTB. |
| Rose Marie | I am an advocate for landlords who want access to timely justice. |
| Vera | SOLO was born to make changes to a one sided system and I wanted to be a part of. Changes for the small property owner, not just for today but for the many tomorrows. To change a system to one that is responsible and accountable to all participants. |
| Kevin Costain | Kevin has a background in technology and has been a small business owner for more than two decades. He is also a SOLO landlord with one property in Oshawa, Ontario. Kevin has worked tirelessly for many months both in public and behind the scenes. He spearheaded a shift of internal technology making it easier to work with and support SOLO members. |
How to contact us
There are several ways to contact us:
Email: info@soloontario.ca
Phone / WhatsApp: 1-647-792-4951
Twitter: @LandlordsSolo
Facebook: Facebook.com/LandlordsSolo
YouTube: Ontario SOLO
Instagram: @SoloOntario
Linkedin: SOLO Ontario Landlord
Tik Tok: @SoloOntario
Legal Professionals
This recommended professional list is for information only. SOLO Landlords must exercise due diligence and check the professional's references before making a decision to hire them. Just like screening a tenant.
SOLO Inc. will have no involvement nor will assume any liability arising in any private contract between the independent parties.
To keep the list as reflective of the services received feel free to give us feedback on how the service rendered was.
Phone numbers and email addresses below are clickable links. Columns can be sorted by clicking on a header.
@Sriskanda
Lawyer candidate, property manager, Realtor and advocate for Ontario landlords.
VARUN@SRISKANDA.COM or 647-570-KVS1
IN THE MEDIA: CBC News - Months-long delays at Ontario tribunal crushing some small landlords