This webinar is brought to you by Your Legal Rights: a website of - - PowerPoint PPT Presentation

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 ht t b Brought to you by 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 Brought to you by u by N Niagara N agara North rth C Community L unity Legal A l Assistance stance

EVICTIONS

WHO IS A WHO IS A TENANT? TENANT?

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

TENANT? TENANT?

RTA YES = RTA NO =

Covered by the Residential Tenancies Act?: YES or NO

RTA, YES

Regular tenants Boarders

RTA, NO

Live with Landlord Co-ops “Motels/hotels” Social housing (partly)

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Vacationing public Student residence Care homes (partly) Cabins/mobile homes Live on the farm Occupant

Brought to Brought to you by u by N Niagara N agara North rth C Community L unity Legal A l Assistance stance

WHO CAN EVICT/CANCEL WHO CAN EVICT/CANCEL

EVICTIONS

WHO CAN EVICT/CANCEL WHO CAN EVICT/CANCEL TENANCY? TENANCY?

Landlord Tenant

Both must provide proper notices Both: 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 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 TENANT TENANT

EVICTIONS

TENANT TENANT

Remedy through

C f ll

Evicted at any time

Remedy through

Small Claims Court

Co-ops: follow

co-op bylaws, processes Court processes

• Remember: Occupant is not a Tenant
• Remember: Occupant is not a Tenant
• 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

EVICTIONS

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

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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

f i i Legal reasons for eviction:

• Didn’t pay/late pay rent
• Disturb neighbours
• Disturb neighbours
• Illegal business (usually drug-related)
• Landlord/buyer wants to live there
• Total renovation/destruction needs

Tenant out to complete work C i t th ( d

• Conversion to other use (condo,

commercial)

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“Popular” Notices “Popular” Notices

Common to all:

N4 – non-payment of rent

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

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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 t d ti it id N ti Corrected activity voids Notice

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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 i i i 10 d Termination 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 Damage must be wilful Tenant in same building as Landlord, and Building has 3 or fewer units Disturbances affect Landlord directly

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C t ll 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 T h ld d d f h i Tenant should demand presence of person at hearing Bad faith by “occupant” voids application

N13 i d li i l i / N13 – conversion, demolition, 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 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)

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N d Now you are served

Decision time: stay or go

STAY = FIGHT

• FIX the PROBLEM

GO (maybe fight)

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

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

• OR negotiate with LL when leave
• OR fight with Tenant application

(eg maintenance, harassment) $ y you lose

• Gather evidence
• Call legal clinic for

(eg maintenance, harassment)

• Call legal clinic for

advice

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At the Landlord & Tenant Board

Options: Tenant Duty Counsel – last-minute advice Mediation or “last chance romance” – Board will support consents OR …….

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The Hearing The Hearing

N t “ t” fl ibilit l f l

• Not a “court” = flexibility, less formal
• Open to the public, parties/witnesses required to affirm to tell the truth
• Applicant (Landlord) goes first, show evidence/witnesses
• - chance for Tenant to ask Landlord questions

Respondent (Tenant) goes next show evidence/witnesses

• Respondent (Tenant) goes next, show evidence/witnesses
• - chance for Landlord to ask Tenant questions
• Board Member might step in to ask questions at any time

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• Parties summarize their positions
• Board Member may decide right away or later
• Board Member may decide right away or later

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Wh t’ t? What’s next?

Did the Tenant win?

Tenant not evicted, Or Tenant requests termination at later date to assist with move

• ut

Award of damages = Small Claims Court money chase

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Wh t’ t?

Did th T t l ?

What’s next?

Did the Tenant lose?

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 ,

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Wh t b t t ff? 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 Landlord can sell, toss out, give away

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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 T t h 72 h t i k t ff 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 stored pay storage fees to recover Landlord sold stuff = can go toward arrears

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E i t d b lif 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 After 30 days, Landlord can sell or throw out items

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EVICTIONS

HAPPY CASTLE HAPPY CASTLE HAPPY CASTLE HAPPY CASTLE HUNTING! HUNTING! HUNTING! HUNTING!

Brought to Brought to you b you by N N h N h C L A Niagara iagara Nort

• rth Community
• mmunity Legal

egal Assistance ssistance

This webinar was brought to you by Your Legal Rights: A website of legal information 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 www.yourlegalrights.on.ca/training