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 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 Brought to you by ht t b Niagara North Community Legal Assistance
The Players: Meet your y landlord: (as seen by You) Meet yourself: Meet yourself: (as seen by the landlord) Brought to you by Brought to u by N Niagara N agara North rth C Community L unity Legal A l Assistance stance
WHO IS A WHO IS A E VICTIONS TENANT? TENANT? TENANT? TENANT? Covered by the Residential Tenancies Act?: YES or NO C d b th R id ti l T i A t? YES NO RTA, YES RTA YES = RTA, NO RTA NO = � Regular tenants � Live with Landlord � Boarders � Co-ops p � “Motels/hotels” � Vacationing public � Social housing (partly) � Student residence � Care homes (partly) � Live on the farm � Cabins/mobile homes � Occupant Brought to Brought to you by u by N Niagara N agara North rth C Community L unity Legal A l Assistance stance
E VICTIONS WHO CAN EVICT/CANCEL WHO CAN EVICT/CANCEL WHO CAN EVICT/CANCEL WHO CAN EVICT/CANCEL TENANCY? TENANCY? Landlord Tenant Both: Lease/rental agreement = contract Both must provide proper notices Don’t hold back rent to Don’t turn off heat, gas, punish landlord for fix-it water, electricity to punish problems Tenant for lack of rent Brought to Brought to you by u by N Niagara N agara North rth C Community L unity Legal A l Assistance stance
NOT AN RTA NOT AN RTA E VICTIONS TENANT TENANT TENANT TENANT Evicted at any time � Remedy through � Remedy through � Co-ops: follow C f ll Small Claims co-op bylaws, Court Court processes processes o Remember: Occupant is not a Tenant o Remember: Occupant is not a Tenant o Remember: Social housing partly not RTA Brought to Brought to you by u by N Niagara N agara North rth C Community L unity Legal A l Assistance stance
E VICTIONS YES an RTA Tenant YES, an RTA Tenant Landlord actions � Eviction ONLY through Landlord & Tenant Board � Starts with LTB Notice (the “red flag”) � Starts with LTB Notice (the red flag ) � Verbal “eviction” not any good � Written “eviction” not any good y g � Landlord can’t change locks, move your stuff Brought to Brought to you by u by N Niagara N agara North rth C Community L unity Legal A l Assistance stance
Legal reasons for eviction: f i i o Didn’t pay/late pay rent o Disturb neighbours 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, C i t th ( d commercial) Br Brought t ought to yo you b by Niagara No Niagara Nort rth Communi h Community Legal ty Legal Assistanc Assistance
“Popular” Notices “Popular” Notices Common to all: Common to all: Check the termination date; Exact reasons only N4 – non-payment of rent p y 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? Talk to the landlord: plan to catch up? N5 – misbehaviour, over-crowding General damage or negligence General damage or negligence Disturb neighbours (more than once) Too many people (children not included) Tenant has 7 days to correct (first time only) C Corrected activity voids Notice t d ti it id N ti Br Brought t ought to yo you b by Niagara No Niagara North Co rth Community L mmunity Legal gal Assistance Assistance
Common to all: Common to all: Check termination date; Exact reasons only N6 – illegal act or business Specific to drug activity, or Misrepresentation of Tenant income T Termination in 10 days i i i 10 d 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 Damage must be wilful Tenant in same building as Landlord, and Building has 3 or fewer units Disturbances affect Landlord directly Br Brought t ought to yo you b by Niagara No Niagara North Co rth Community L mmunity Legal gal Assistance Assistance
C Common to all: t ll 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 T Tenant should demand presence of person at hearing h ld d d f h i Bad faith by “occupant” voids application N13 – conversion, demolition, large repairs/renos N13 i d li i l i / Landlord needs building permit; needs vacant unit Details of work, reasons needed Termination date = 120 days but 1 year if trailer park 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) Br Brought t ought to yo you b by Niagara No Niagara Nort rth Communi h Community Legal ty Legal Assistanc Assistance
N Now you are served d Decision time: stay or go STAY = FIGHT GO (maybe fight) o FIX the PROBLEM o Follow termination date on notice; o Ignore notice, force o OR negotiate with LL when leave LL to file at L&T, o OR fight with Tenant application $170 fee to you if $ y (eg maintenance, harassment) (eg maintenance, harassment) you lose o Gather evidence o Call legal clinic for o Call legal clinic for advice Br Brought t ought to yo you b by Niagara No Niagara North Co rth Community L mmunity Legal gal Assistance Assistance
At the Landlord & Tenant Board Options: Tenant Duty Counsel – last-minute advice Mediation or “last chance romance” – Board will support consents OR ……. Br Brought t ought to yo you b by Niagara No Niagara Nort rth Communi h Community Legal ty Legal Assistanc Assistance
The Hearing The Hearing o Not a “court” = flexibility, less formal N t “ t” fl ibilit l f l 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 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 g p q y o Parties summarize their positions o Board Member may decide right away or later o Board Member may decide right away or later Brought t Br ought to yo you b by Niagara No Niagara North Co rth Community L mmunity Legal gal Assistance Assistance
Wh t’ What’s next? t? 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 Brought t Br ought to yo you b by Niagara No Niagara Nort rth Communi h Community Legal ty Legal Assistanc Assistance
What’s next? Wh t’ t? Did th Did the Tenant lose? T t l ? 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 p y , Br Brought t ought to yo you b by Niagara No Niagara Nort rth Communi h Community Legal ty Legal Assistanc Assistance
Wh t b What about your stuff? t t ff? 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 Landlord can sell toss out give away Br Brought t ought to yo you b by Niagara No Niagara North Co rth Community L mmunity Legal gal Assistance Assistance
What about your stuff 2 What about your stuff, 2 If properly evicted through LTB, or agreed termination date p p y g g 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 T t h 72 h t i k t ff 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 stored pay storage fees to recover Landlord sold stuff = can go toward arrears Br Brought t ought to yo you b by Niagara No Niagara Nort rth Communi h Community Legal ty Legal Assistanc Assistance
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