Eviction - PLE Learning Exchange

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1
EVICTION PROCESS UNDER THE
RESIDENTIAL TENANCIES ACT
Tenant School
Session 4-Feb.4, 2013
Presenter: Jill Zelmanovits,
West Scarborough
Community Legal Services
Sponsored by:
Federation of Metro Tenants’ Associations,
The Law Foundation of Ontario and
Legal Aid Ontario.
2
What will be covered





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Legal Reasons for Eviction
The Eviction Procedure
Preventing Evictions
Agreements / Mediation/ Consent Orders
Disputing Eviction Applications
Execution of the Order
Motion to Set Aside Ex-parte Orders and Stays
Review and Appeal of an Order
Resources for Tenants
3
In your handouts

CLEO:
–
–
–
–








What Tenants need to know about the Law
Fighting an Eviction
Can your Landlord take your Stuff?
Community Legal Clinics in Ontario
List of Tip Sheets for Tenants created by ACTO
Sample Notice of Termination
Sample Application to Terminate
Sample Notice of Hearing
Sample Notice from the LTB
Sample Order by LTB
Sample Sheriffs Notice
2 Charts of the Eviction process
4
Basics
A.
Grounds – Landlords must have a ground specified in the
Residential Tenancies Act (RTA) to evict a tenant.
B.
Procedure - Landlords must follow a procedure specified in the
Residential Tenancies Act (RTA) to evict a tenant. LLs cannot
change the locks, turn off heat or utilities or try to force tenants
out without an Order from the Landlord and Tenant Board
(LTB).
C.
Eviction is a serious matter and is considered a remedy of last
resort so the RTA provides protection from unlawful eviction.
D.
In many cases, tenants can prevent eviction.
5
Eviction Procedure

Step 1:
Step 2:
Step 3:
Step 4:
Step 5:
Step 6:
Step 7:
Step 8:

Step 9: Review / Appeal of an Order



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
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Notice of Termination
Application to Terminate a Tenancy
Preventing Eviction /Agreements/ Consent orders/ Mediation
Disputing the Application
The Hearing at the LTB
The Eviction Order
Preventing Eviction after the LTB makes an Eviction Order
The Sheriff – Enforcement of an Order
6
Step 1 - Notice of Termination
3 Common Legal Grounds for Eviction:
#1) Early Termination for Cause - Regular
#2) Early Termination for Cause - Fast Track
#3) Termination at End of Term
7
Step -1
#1) Early Termination for Cause-Regular
A.
Non-payment of rent (Notice-N4)(Application-L1)
B.
Damage to the unit or common areas(Notice-N5)(Application-L2)
C.
Overcrowding
D.
Misrepresentation of Income (subsidized housing tenants)
(Notice-N5)(Application-L2)
(Notice-
N6)(Application-L2)
E.
Illegal act, illegal trade, business or occupation(Notice-N6)(Application-L2)
F.
Substantial interference with reasonable enjoyment, or lawful right,
privilege or interest (Notice-N7)(Application-L2)
G.
Impaired Safety(Notice-N7)(Application-L2)
8
Step -1 Continued
#2) Early Termination for Cause - Fast Track
A.
Illegal act or business involving drugs (NoticeN6)(Application-L2)
B.
Willful and undue damage (Notice-N7)(Application-L2)
C.
Use inconsistent with a residential premises that
causes or is likely to cause significant damage
(Notice-N7)(Application-L2)
D.
Substantial interference, in small buildings and
where the landlord lives in the same building (NoticeN7)(Application-L2)
E.
Serious Impairment of safety (Notice-N7)(Application-L2)
9
Step - 1 Continued
#3) Termination at End of Term
A.
Persistent late payment of rent(Notice-N8)(Application-L2)
B.
Landlord’s or purchaser’s own use (Notice-N8)
(Application-L2)
C.
Demolition, conversion, major repairs
or renovations (Notice-N8)(Application-L2)
D.
Ceasing to qualify (subsidized housing tenants) (NoticeN8) (Application-L2)
E.
Employment ended (Notice-N8)(Application-L2)
F.
Condominium purchase that fell through (Notice-N8)
(Application-L2)
10
Step 1: continued
Notices of Termination – Procedural Requirements

Tenants must receive a notice from the landlord to terminate the
tenancy.

The notice must include specific information to be valid.

The notice must follow specific timelines related to the reason for
termination and the rental period in order to be valid.

Notices are only valid for 30 days from the date they state the unit
must be vacated except for notices for non-payment of rent.

Notices that are not valid can be challenged by the tenant and do
not result in an eviction.
11
Step 1: continued
Notice of Terminations – legal requirements for all
Landlord
must allege that the tenant has done
something wrong.
Landlord
must provide details about the
problem that the notice alleges.
Tenant
does not have to move out when the
tenant receives a notice because a notice is
only an allegation which must be proven at the
LTB.
12
Step 1: continued
Notice of Terminations – special requirements

Voidable notices
–
–

Fast Track evictions notices
–
–
–

In some cases, tenants are permitted to take steps to void the
notices by complying with the terms of the notice.
If notices are voided, the landlord cannot file an application for
termination for that act.
Tenant cannot void these notices
The notice periods are very short
Hearings are scheduled very quickly
End of Term Termination notices
–
The notice period must end with the last day of the lease if it has a
term OR the last day of a rental period if the tenant pays rent
monthly.
13
STEP 2: Application to terminate a
Tenancy – L1, L2 & L9

Filing of the Notice of Application at the LTB

Letter from the LTB

Notice of Hearing must be served on the Tenant for
a)
L1: application to evict a tenant for non-payment of rent
and to collect the rent the tenant owes.
b)
L2: application to terminate a tenancy for all reasons other
than arrears including early termination for cause, fast
track evictions and termination at end of term.
c)
L9: application to collect the rent a tenant owes without
eviction.
14
STEP 2: Application to terminate a
Tenancy – L3 & L4

No letter from LTB to tenants

Notice of Hearing may not be required to be
served on Tenant for:
a)
L3: application to terminate a tenancy where the
tenant gave notice or agreed to terminate the
tenancy and did not move out.
b)
L4: application to terminate a tenancy where the
tenant failed to meet the conditions of a consent
order or mediated settlement.
15
STEP 3: Preventing Eviction

Voidable notices - Avoid going to the LTB
and prevent eviction by complying with the
requirement of the notice of termination,
before the date specified in the notice.

Avoid paying the $170.00 fee.
16
Step 3: Preventing Eviction –
L1 Applications – Settlements & Consent Orders

After the Landlord files the application, the
Tenant can avoid eviction in non-payment of
rent matters by:
–
–
–
–
–
Entering into a payment plan, in writing, with the landlord
before the hearing.
s. 78 clauses – must be able to pay
The parties can file their settlement with the LTB which may
issue a consent order in terms of the settlement.
If the tenant does not meet the conditions of the consent
order the landlord may request to re-open the matter.
Tenant will receive Notice of a Hearing if the Landlord reopens the matter.
17
STEP 3 - preventing eviction - L1
Application - Arrears of Rent –

After the Landlord files the application the Tenant can
avoid eviction in non-payment of rent matters:
– By paying off before the hearing date (1) the entire
arrears, (2) the rent for the month in which the hearing
is scheduled and (3) the application fee of $170.
– After the order is issued – pay the amount specified
in the order on or before the date specified in the
order, to the landlord or the LTB.
18
Step 3:Preventing Eviction - Mediation





Who is a mediator
Mediation is voluntary
No order of LTB
Why mediation?
What can it cover?
–
–
can be used to try and work out a payment plan or
other solutions to resolve the issues in the
application or other issues
a mediated agreement can include termination of
the tenancy
19
STEP 3: Preventing Eviction– for TCHC
tenants



TCHC – Eviction Prevention Policy and
Eviction Prevention Policy Guidelines
Negotiate payment plan
Contact legal clinic
20
Step 4: Disputing the Application

L1 AND L2 APPLICATIONS
–
–
–
–
–
–
–
tenant must attend the hearing
written dispute not mandatory but optional
duty counsel at LTB
request adjournment to prepare case or obtain
legal counsel
Landlord must prove allegations
Tenant must prove defence
Section 83 arguments
21
Step 4: Disputing Continued
Arrears of Rent application – L1

Tenants must appear at the hearing prepared to prove that
the rent has been paid or provide a legitimate reason for why
it has not been paid such as the fact that the landlord is not
maintaining the building or the rental unit properly.

Tenants must prove that there are maintenance problems.

The LTB may order a reduction in rent for poor maintenance
that offsets or completely covers the amount of rent owed
depending on how serious the lack of maintenance is.

The LTB may refuse to order an eviction if the landlord
refused to make repairs and the tenant withheld rent to force
repairs to be made.
22
Step 4: Disputing Continued
Section 83 Arguments

Tenants can argue that even though there
are rent arrears, the tenant should not be
evicted because of compassionate grounds
including that the tenant:
a)
b)
c)
d)
lived in the unit for a long time;
has children so should not be moved;
suffers from physical or mental disabilities
(Human Rights issues); and/or
has a strong connection to community.
23
Step 4 – Disputing an L2 Application

Tenants must appear at the hearing prepared to
dispute the landlord’s allegations regarding damage,
overcrowding, illegal act, impaired safety,
interference with reasonable enjoyment,
misrepresentation of income or ceasing to qualify.

Tenants must provide evidence to support their
version of events or to contradict the landlord’s
version of events (police reports, witnesses to testify,
witness statements)
24
Step 4: Disputing the application Continued

L3 AND L4 APPLICATIONS
–
–
–
–
–
–
–
–
Motion to set aside an exparte order
Time limit – 10 day
Stay of execution of order in writing
Appearance of tenant
Mediation
Duty counsel at LTB
Disputing the Landlords allegations
Section 83 arguments
25
Step 4 – Disputing Continued
L3 Application – steps to disputing

L3 Application – Alleged Tenants notice to terminate
Motion to set aside an ex-parte order of eviction made on an L3
application must be made within 10 days of the receipt of the
order or request an extension of time. No fee.
The tenant must request the stay of the execution of the order.

Serve the Stay on the Sheriff

Serve the Landlord with the Notice of Hearing

Tenants must provide evidence that they did not give notice or
enter into an agreement with the landlord to terminate the
tenancy or that the notice was coerced.


26
Step 4 – Disputing Continued
L4 Application - Steps to disputing

L4 – When a tenant breaches a mediated settlement or consent
order previously negotiated at the Landlord and Tenant Board.
Motion to set aside an ex-parte order of eviction made on an L4
application must be made within 10 days of the receipt of the
order or need to also request an extension of time.
The tenant must request the stay of the execution of the order
Serve the Stay on the Sheriff.

Serve the Landlord with the Notice of Hearing.

Tenants must provide evidence that they did not breach the
terms of the agreement or consent order.



27
Step 5: The Hearing at the LTB

The LTB is required to review all the circumstances and
even if the landlord has proven its case, will refuse to grant
the eviction if it is fair to the parties.

The LTB cannot grant the eviction if the tenant can prove:

the landlord is in breach of its obligations

the reason for the application is that the tenant complained to
a government authority about the landlord’s violation of health,
safety or housing or maintenance standards

the reason for the application is that the tenant has attempted
to enforce his/her legal rights

the reason for the application is that the tenant is a member of
a tenant association or is attempting to organize one

the reason for the application is that the unit is occupied by
children and there is no overcrowding
28
Step5 –The Hearing at the LTB
Tenants proving their case






oral testimony of tenant;
oral or written testimony of witnesses;
Pictures/videos;
expert reports;
receipts and cancelled cheques; and/or
any written agreements or other documents
or papers that support the tenant’s claim.
29
Step 6: The Eviction Order





The adjudicator issues an order after the hearing.
Can be issued on the same day verbally followed by a brief written
order.
Parties will receive a written order in the mail from the LTB.
Parties can ask that the Adjudicator give detailed reasons for their
order.
The adjudicator may
–
–
–
–
–
–
–

Dismiss the application of the landlord
Allow the application of the landlord
Give time to the tenant to vacate the premises
Give time to the tenant to pay the arrears. (standard =11 days)
Refuse to grant eviction even if there were grounds of eviction
Order the landlord to do repairs
Pass any other order that the Tribunal feels fair and just in the
circumstances
Validity of Order – 6 months from the date of the Order.
30
Step 7 - Preventing eviction after order is
made – L1 applications (Arrears)
To prevent eviction the tenant can:
Before the order is enforceable – pay the amount
specified in the order on or before the date specified in
the order to the Landlord or to the LTB in trust.
After the order is enforceable – pay the amount
specified in the order, NSF charges if any, any additional
rent that may be owing before the sheriff enforces the
order plus the sheriff’s fees if the landlord has already
paid them. The tenant must obtain an order to void the
eviction order.
• This does not apply in case of mediated settlements
• Tenant can use this only once in their tenancy.
31
Step 7 - Preventing eviction after order is
made – L2 applications

To prevent eviction the tenant can, before the
order is enforceable, comply with the conditions
as stated, on or by the date specified, in the
order. For example:
–
–
–
–
.
Reduce the number of occupants in case of overcrowding
Pay the landlord the cost of repairing or repair the damage as
ordered.
Remove the pet causing allergies to the Landlord.
Pay the rent on the first of the month for the time period ordered.
32
Step 8: The Sheriff
- Enforcement of an Order

Once an eviction order is issued by the LTB, the landlord can
enforce the eviction by filing the Order with the Sheriff. This
means the Sheriff will come and change the locks.

The landlord must file the Order with the Sheriff while the order
is valid.

Tenants have 72 hours from the time the eviction order is
enforced (locks are changed) to reclaim their possessions.

The landlord must provide Tenants with access between 8:00
a.m. and 8:00 p.m.

Tenants can apply to the LTB if the landlord does not provide
access.
33
Step 9: Review/Appeal of the Order

If either the landlord or the tenant is unhappy with a decision
made by the LTB, they have 30 days to:

Review – ask the board to review the decision internally where
there is a serious error in law or material fact OR if the tenant was
not able to participate in the hearing ($50)

Appeal – go to court where there is an error in law only
CLIENTS SHOULD GET LEGAL ADVICE IMMEDIATELY. DO
NOT WAIT UNTIL THE LAST DATE TO GET ADVICE.
34
Quiz time – TRUE OR FALSE

Tenants cannot be evicted in the winter.

Tenants can be evicted because they have children.

Tenants can be evicted for damage to the unit because they caused it and refuse to repair it.

Landlords can evict a tenant for having pets in their unit.

Tenant must vacate the premises on the date mentioned on the Notice of Termination.

Tenant is not responsible for the noise and disturbance caused by their guest in their unit or in the
common areas of the building.

Once the LTB makes an order terminating the tenancy for Non-Payment of Rent the Tenant must
vacate the premises.

The Landlord can change the locks after the LTB makes an order for termination.

A tenant has 48 hrs to remove your belongings after the Sheriff has executed the order of the LTB.

A landlord and tenant can legally only enter into one mediated settlement.
35
Quiz time – Answer

Tenants cannot be evicted in the winter. - False

Tenants can be evicted because they have children. - False

Tenants can be evicted for damage to the unit because they caused it and refuse to repair it. - True

Landlords can always evict a tenant for having pets in their unit. - False

Tenant must vacate the premises on the date mentioned on the Notice of Termination. - False

Tenant is not responsible for the noise and disturbance caused by their guest in their unit or in the
common areas of the building. - False

Once the LTB makes an order terminating the tenancy for Non-Payment of Rent the Tenant must
vacate the premises.- False

The Landlord can change the locks after the LTB makes an order for termination. -False

A tenant has 48 hrs to remove belongings after the Sheriff has executed the order of the LTB. - False

A landlord and tenant can legally only enter into one mediated settlement. - False
36
Resource for tenants
Telephone Contact List

Investigation and Enforcement Unit
(Ministry of Municipal Affairs and Housing)
(416) 585-7214

Landlord and Tenant Board
1-888-377-8808

Tenants Hot Line (FMTA)
(416) 921-9494

City of Toronto Property Standards Department
311 (City of Toronto government)
37
Resources Continued
WEBSITE INFORMATION
 Landlord and Tenant Board –
www.ltb.gov.on.ca/

Property Standards, City of Toronto http://www.toronto.ca/apartmentstandards/home.htm

Advocacy Center for Toronto –

Federation of Metro Tenants Association – www.torontotenants.org/

Legal Aid Ontario for the Legal Clinic in your area http://legalaid.on.ca/en/
www.acto.on.ca/
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