Your Legal Rights is a project of CLEO and funded by the Law … Webinar... · THE “IN AND OUT”...

This webinar is brought to you by Your Legal Rights: a website of legal information for people in Ontario.

www.yourlegalrights.on.ca

Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

About our presenter…

Chris Woodall is a Community Legal Worker and Paralegal with Niagara North Community Legal Assistance (NNCLA), a legal clinic based in St. Catharines. Chris joined NNCLA after 25 years as ajoined NNCLA after 25 years as a newspaper editor and journalist.

Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

THE “IN AND OUT” OF

EVICTIONSYour rights as a Tenant

Presented by –Chris Woodall,Paralegal/Community Legal Worker

B ht t bBrought to you byNiagara North Community Legal Assistance

The Players:

Meet your ylandlord:

(as seen by You)

Meet yourself:Meet yourself:(as seen by the landlord)

Brought to you by Niagara North Community Legal Assistance

EVICTIONSWHO IS A TENANT?

C d b th R id ti l T i A t? YES NO

TENANT?

RTA YES = RTA NO =

Covered by the Residential Tenancies Act?: YES or NO

RTA, YES Regular tenantsBoarders

RTA, NO Live with LandlordCo-ops

“Motels/hotels”Social housing (partly)

pVacationing publicStudent residence

Care homes (partly)Cabins/mobile homes

Live on the farmOccupant


WHO CAN EVICT/CANCEL EVICTIONS

WHO CAN EVICT/CANCEL TENANCY?

Landlord Tenant

Both must provide proper noticesBoth: Lease/rental agreement = contract

Don’t hold back rent to punish landlord for fix-it

Don’t turn off heat, gas, water, electricity to punish

problemsTenant for lack of rent


NOT AN RTA TENANTEVICTIONS

TENANT

Remedy through C f ll

Evicted at any time

Remedy through Small Claims Court

Co-ops: follow co-op bylaws, processesCourt processes

oRemember: Occupant is not a TenantoRemember: Occupant is not a Tenant

oRemember: Social housing partly not RTA


EVICTIONS

YES an RTA TenantYES, an RTA Tenant

Landlord actions

Eviction ONLY through Landlord & Tenant BoardStarts with LTB Notice (the “red flag”)Starts with LTB Notice (the red flag )

Verbal “eviction” not any goodWritten “eviction” not any goody g

Landlord can’t change locks, move your stuff


f i iLegal reasons for eviction:

o Didn’t pay/late pay rento Disturb neighbourso Disturb neighbourso Illegal business (usually drug-related)o Landlord/buyer wants to live thereo Total renovation/destruction needs

Tenant out to complete workC i t th ( do Conversion to other use (condo, commercial)


“Popular” Notices“Popular” NoticesCommon to all:

N4 – non-payment of rent

Common to all:Check the termination date; Exact reasons only

p yLandlord can apply for eviction the day after termination dateCheck the amount demanded: correct?Got receipts?Talk to the landlord: plan to catch up?Talk to the landlord: plan to catch up?

N5 – misbehaviour, over-crowdingGeneral damage or negligenceGeneral damage or negligenceDisturb neighbours (more than once)Too many people (children not included) Tenant has 7 days to correct (first time only)C t d ti it id N tiCorrected activity voids Notice


Common to all:Common to all:Check termination date; Exact reasons only

N6 – illegal act or businessSpecific to drug activity, orMisrepresentation of Tenant incomeT i i i 10 dTermination in 10 daysLandlord can apply for hearing right awayLandlord doesn’t need drug charge or conviction to act

N7 – end tenancy earlySimilar to N5, butDamage must be wilfulDamage must be wilfulTenant in same building as Landlord, andBuilding has 3 or fewer unitsDisturbances affect Landlord directly


C t llCommon to all:Check termination date; Exact reasons only

N12 – landlord, buyer own useOr child/parent of Landlord/buyer to occupyAffidavit of proposed occupant saying whyT h ld d d f h iTenant should demand presence of person at hearingBad faith by “occupant” voids application

N13 i d li i l i /N13 – conversion, demolition, large repairs/renosLandlord needs building permit; needs vacant unitDetails of work, reasons neededTermination date = 120 days but 1 year if trailer parkTermination date = 120 days, but 1 year if trailer parkComplex is 5+ units = Landlord to pay 3 months rent, orprovide another unit suitable to TenantTrailer park = Landlord to pay 1 year rent or $3,000(BUT not if Landlord ordered by city to demolish/repair)


N dNow you are servedDecision time: stay or go

STAY = FIGHT

o FIX the PROBLEM

GO (maybe fight)

o Follow termination date on notice;o Ignore notice, force

LL to file at L&T, $170 fee to you if

o OR negotiate with LL when leaveo OR fight with Tenant application

(eg maintenance, harassment)$ yyou lose

o Gather evidenceo Call legal clinic for

(eg maintenance, harassment)

o Call legal clinic for advice


At the Landlord & Tenant Board

Options:

Tenant Duty Counsel – last-minute advice

Mediation or “last chance romance”– Board will support consents

OR …….


The HearingThe HearingN t “ t” fl ibilit l f lo Not a “court” = flexibility, less formal

o Open to the public, parties/witnesses required to affirm to tell the truth

o Applicant (Landlord) goes first, show evidence/witnesses-- chance for Tenant to ask Landlord questions

Respondent (Tenant) goes next show evidence/witnesseso Respondent (Tenant) goes next, show evidence/witnesses-- chance for Landlord to ask Tenant questions

o Board Member might step in to ask questions at any timeg p q y

o Parties summarize their positions

o Board Member may decide right away or latero Board Member may decide right away or later


Wh t’ t?What’s next?

Did the Tenant win?

Tenant not evicted, Or

Tenant requests termination at later date to assist with move out

Award of damages = Small Claims Court money chase


Wh t’ t?Did th T t l ?

What’s next?Did the Tenant lose?

Eviction Standard OrderTermination 10 days, or later with permission of

Board (s.83)

Pay up arrears before termination date = voids evictionBut must pay application fee, too

Pay up arrears before Sheriff shows up = voids evictionBut must pay Sheriff fee, toop y ,


Wh t b t t ff?What about your stuff?

Landlord can NOT seize Tenant stuff just because:Tenant owes rentLandlord has a dislike of Tenant

If Tenant “takes off”:Stuff abandoned =Landlord can sell toss out give awayLandlord can sell, toss out, give away


What about your stuff 2What about your stuff, 2If properly evicted through LTB, or agreed termination datep p y g g

Take everything with you, or abandon your stuff

If Sheriff comes knockingLocks changed, Tenant leaves asap, leaves stuffT t h 72 h t i k t ffTenant has 72 hours to pick up stuffLandlord must keep stuff safe, allow accessLandlord can throw out food, plants

Tenant may have other rights to recover stuff laterLandlord stored = pay storage fees to recoverLandlord stored pay storage fees to recoverLandlord sold stuff = can go toward arrears


E i t d b lifEvicted by … life

If the Tenant dies

Landlord can get rid of anything unsafe (food, plants)

Landlord must keep items safe for 30 days for estate recovery

After 30 days Landlord can sell or throw out itemsAfter 30 days, Landlord can sell or throw out items


EVICTIONS

HAPPY CASTLE HAPPY CASTLE HUNTING!HUNTING!

Brought to you byN N h C L ANiagara North Community Legal Assistance

This webinar was brought to you by Your Legal Rights: A website of legal informationYour Legal Rights: A website of legal information

for people in Ontario

For more information visit Your Legal Rights at www.yourlegalrights.on.ca

For more public legal information webinars visit:wwwyourlegalrights on ca/trainingwww.yourlegalrights.on.ca/training

Your Legal Rights is a project of CLEO and funded by the Law … Webinar... · THE “IN AND OUT”...

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