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 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 EVICTIONS Your rights as a Tenant Presented by Chris Woodall, Paralegal/Community Legal Worker B htt b Brought to you by Niagara North Community Legal Assistance
The Players: Meet your landlord: (as seen by You) Meet yourself: (as seen by the landlord)
WHO EVICTIONS IS A TENANT? Covered by the Residential Tenancies Act?: YES or NO RTA, YES = RTA, NO = Regular tenants Live with Landlord Boarders Co-ops Motels/hotels Vacationing public Social housing (partly) Student residence Care homes (partly) Live on the farm Cabins/mobile homes Occupant
EVICTIONS WHO CAN EVICT/CANCEL TENANCY? Landlord Tenant Both: Lease/rental agreement = contract Both must provide proper notices Don t turn off heat, gas, water, electricity to punish Tenant for lack of rent Don t hold back rent to punish landlord for fix-it problems
NOT AN RTA EVICTIONS TENANT Evicted at any time Remedy through Co-ops: C follow Small Claims co-op bylaws, Court processes oremember: Occupant is not a Tenant oremember: Social housing partly not RTA
EVICTIONS YES, an RTA Tenant Landlord actions Eviction ONLY through Landlord & Tenant Board Starts with LTB Notice (the red flag ) Verbal eviction not any good Written eviction not any good Landlord can t change locks, move your stuff
Legal reasons for eviction: i o Didn t pay/late pay rent o Disturb neighbours o Illegal business (usually drug-related) o Landlord/buyer wants to live there o Total renovation/destruction needs Tenant out to complete work o Conversion to other use (condo, commercial)
Popular Notices Common to all: Check the termination date; Exact reasons only N4 non-payment of rent Landlord can apply for eviction the day after termination date Check the amount demanded: correct? Got receipts? Talk to the landlord: plan to catch up? N5 misbehaviour, over-crowding General damage or negligence Disturb neighbours (more than once) Too many people (children not included) Tenant has 7 days to correct (first time only) Corrected activity it voids Notice
Common to all: Check termination date; Exact reasons only N6 illegal act or business Specific to drug activity, or Misrepresentation of Tenant income Termination i in 10 days Landlord can apply for hearing right away Landlord doesn t need drug charge or conviction to act N7 end tenancy early Similar to N5, but Damage must be wilful Tenant in same building as Landlord, and Building has 3 or fewer units Disturbances affect Landlord directly
Common to all: Check termination date; Exact reasons only N12 landlord, buyer own use Or child/parent of Landlord/buyer to occupy Affidavit of proposed occupant saying why Tenant should demand d presence of person at hearing Bad faith by occupant voids application N13 conversion, demolition, i large repairs/renos Landlord needs building permit; needs vacant unit Details of work, reasons needed Termination date = 120 days, but 1 year if trailer park Complex is 5+ units = Landlord to pay 3 months rent, or provide another unit suitable to Tenant Trailer park = Landlord to pay 1 year rent or $3,000 (BUT not if Landlord ordered by city to demolish/repair)
Now you are served Decision time: stay or go STAY = FIGHT GO (maybe fight) o FIX the PROBLEM o Ignore notice, force LL to file at L&T, $170 fee to you if you lose o Gather evidence o Call legal clinic for advice o Follow termination date on notice; o OR negotiate with LL when leave o OR fight with Tenant application (eg maintenance, harassment)
At the Landlord & Tenant Board Options: Tenant Duty Counsel last-minute advice Mediation or last chance romance Board will support consents OR.
The Hearing o 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 o 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 time o Parties summarize their positions o Board Member may decide right away or later
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
Did the Tenant lose? What s next? Eviction Standard Order Termination 10 days, or later with permission of Board (s.83) Pay up arrears before termination date = voids eviction But must pay application fee, too Pay up arrears before Sheriff shows up = voids eviction But must pay Sheriff fee, too
What about your stuff? Landlord can NOT seize Tenant stuff just because: Tenant owes rent Landlord has a dislike of Tenant If Tenant takes off : Stuff abandoned = Landlord can sell, toss out, give away
What about your stuff, 2 If properly p evicted through LTB, or agreed termination date Take everything with you, or abandon your stuff If Sheriff comes knocking Locks changed, Tenant leaves asap, leaves stuff Tenant has 72 hours to pick up stuff Landlord must keep stuff safe, allow access Landlord can throw out food, plants Tenant may have other rights to recover stuff later Landlord stored = pay storage fees to recover Landlord sold stuff = can go toward arrears
Evicted 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 items
EVICTIONS HAPPY CASTLE HUNTING! Brought to you by Niagara North Community Legal Assistance
This webinar was brought to you by Your 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: www.yourlegalrights.on.ca/training on