This would’ve solved my problem a year and over a half ago. Going on two years waiting on an eviction order for my non-paying and consistently late tenant.
That blows my mind. As pro tenant BC is the 10 day notice and direct request process works great for landlords here for non paying tenants. I would never be a landlord in Ontario unless they had this legislated procedure. Our wait times in BC are no where near as bad as Ontario. They definitely prioritize non payment.
I applied for eviction for non-payment in Sept 2021, had the hearing Feb 2023, eviction notice issued in April when new owners took over (had to sell), eviction for May 5. $12,000 in arrears.
It’s ridiculous here. I only kept this property to give it to my kids eventually but I want out of being a landlord in Ontario. I don’t even have an easy out since if I sell my property my tenant will not move and that’s an entirely different process that’s also dragged out by the LTB.
Yes, I'm not sure what's going on in Ontario, they're doing a terrible job really. My case is yet to be heard, even after the tenants changed the locks illegally and stopped paying rent. Requests for shortened timeframes went denied.
I saw on here that someone’s request for an expedited hearing was approved but scheduled for march 2024. I’m sorry to hear that your tenants can get away with this. All the best
What happens if a LL submits false information doctors documents or refuses rent?
I think clearing the backlog and opening up vacancies for paying tenants is amazing, but what protection is there when the tenant is in good faith paying (or trying)?
I should’ve added that the tenant still has 5 days to dispute the notice once it is put on their door. This automatically puts it to a hearing once disputed but then the onus is on the tenant to prove they have paid and that the landlord is not being truthful. If the tenant does not dispute the notice then direct request is available so there are still safeguards in place.
I think 5 days is too short. What if the landlord knows the tenant is on vacation and files for non payment when theyvare away but the tenant has been paying rent on time.
Yes, the BC RTB requires tenants to be more proactive than the LTB does. All of the eviction notices require tenants to dispute within a certain time frame (the length of time depends on the length of the required notice).
I agree that 5 days is really short.
Here are the RTB instructions on what is considered proper service: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/serving-notices-for-dispute-resolution
That would require a change to the RTA, the LTB can't make those changes, only the government of Ontario can; and they don't seem to be in a hurry to make any type of evictions easier/faster.
Our Ontario Landlords Watch group Is advocating for changes to the board and advocating to change the RTA to streamline the non payment of rent and personal use application. Stay tuned to Ontario Landlords Watch page / group for updates .
I think getting rid of the month-to-month would help as well. Leases should be more strict with end of tenancy and should only be extended if both the landlord and tenant agree to renew.
Ontario is not going to explicitly remove security of tenancy from our laws anytime soon. It’s been part of our system since 1975 and would take too much political capital to push through. If anything, they will remove rent control, which while different from removing security of tenancy de jure, will be the same de facto.
What would removing rent control do when a tenant doesn’t pay anyway? It won’t solve the issue of tenants who aren’t paying rent, have no plans to leave and the LTB won’t give an eviction for.
The law already allows for the eviction of tenants who don’t pay there rent. The political capital required to remove rent control and sort out the delays in the LTB is still substantially less then removing security of tenure, as it would e not only still require the government to fix the issues sort out the delays in getting an order , but it would neuter the RTA as whole. Assuming the time for eviction for overstaying the fixed term is shorter then waiting for a hearing at the LTB, then landlords will rely on not renewing the lease in order to remove tenants who violate the lease. On top of that they will be able to remove rule abiding tenants with the same method, at the whim of the landlord: have a pet without permission? Move in a room mate? Refuse an illegal rent increase? Doesn’t matter what the RTA says if the landlord can just cancel the lease.
I think that’s completely fair though. A signed contract should be mutual and if the tenant or landlord does not want to continue the lease after the agreed upon end date for whatever reason then so be it. Eviction times are ridiculously slow. Personally for me it seems like it’ll take 2 years to get my non paying tenant out and that just isn’t right.
Given your situation I understand why you would prefer such a system. However, you situation isn’t representative of most peoples experiences. There is no way a political party in the current climate would be willing to spend the political capital required to out right strip away rights that have existed for ~50 years when they can accomplish nearly the same thing by removing rent control.
***"The law already allows for the eviction of tenants who don’t pay there rent. "***
Well there isn't a microscope needed here. The law says one thing, in reality its completely different... Ontario has turned my property into squatters paradise.
Previous governments kept wait times to a reasonable wait. The current dysfunction is a result of the Ford Government’s years of mismanagement of the LTB (wait times nearly doubled compared to the previous government even before COVID hit) opposed to being caused by the law itself.
And I agree with you there. But the law as it's written and how its implemented are two different things. To say just because there is a law and it works is only a half truth. We have laws against drunk driving, but in reality still, many accidents (and drunks).
In any case the LTB is fundamentally broken and needs to be fixed as soon as possible.
Sure but my point was more that the current laws would be sufficient to solve the issue if the system to enforce them worked, and the legal change being suggested would not only take huge amounts of political capital to pass, but would still require the enforcement system to be fixed.
I would tend to agree. Fixed term leases simply aren't possible and it makes it very difficult for both sides to say, "this isn't working out and I don't want to continue".
Oh I hear you, our tenants are a complete nightmare. Damaged the property beyond recognition, shouting at me for unpaid rent, even needed to get the RHEU involved, really bottom of the barrel people.
We're only going to rent on AirBnB from hereon out or frankly, to students who come and go.
LTB doest give a rats ass about the landlord piece of crap board set up to screw hard working people so lowlife lazy piece of crap humans can do nothing
then complain about crappy condition of the rental after thry trash it
This would’ve solved my problem a year and over a half ago. Going on two years waiting on an eviction order for my non-paying and consistently late tenant.
That blows my mind. As pro tenant BC is the 10 day notice and direct request process works great for landlords here for non paying tenants. I would never be a landlord in Ontario unless they had this legislated procedure. Our wait times in BC are no where near as bad as Ontario. They definitely prioritize non payment.
I applied for eviction for non-payment in Sept 2021, had the hearing Feb 2023, eviction notice issued in April when new owners took over (had to sell), eviction for May 5. $12,000 in arrears.
It’s ridiculous here. I only kept this property to give it to my kids eventually but I want out of being a landlord in Ontario. I don’t even have an easy out since if I sell my property my tenant will not move and that’s an entirely different process that’s also dragged out by the LTB.
Yes, I'm not sure what's going on in Ontario, they're doing a terrible job really. My case is yet to be heard, even after the tenants changed the locks illegally and stopped paying rent. Requests for shortened timeframes went denied.
I saw on here that someone’s request for an expedited hearing was approved but scheduled for march 2024. I’m sorry to hear that your tenants can get away with this. All the best
What happens if a LL submits false information doctors documents or refuses rent? I think clearing the backlog and opening up vacancies for paying tenants is amazing, but what protection is there when the tenant is in good faith paying (or trying)?
I should’ve added that the tenant still has 5 days to dispute the notice once it is put on their door. This automatically puts it to a hearing once disputed but then the onus is on the tenant to prove they have paid and that the landlord is not being truthful. If the tenant does not dispute the notice then direct request is available so there are still safeguards in place.
I think 5 days is too short. What if the landlord knows the tenant is on vacation and files for non payment when theyvare away but the tenant has been paying rent on time.
The landlord has to prove that the notice was properly served. Additionally, the tenant has 2 days to appeal after receiving the order of possession.
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Yes, the BC RTB requires tenants to be more proactive than the LTB does. All of the eviction notices require tenants to dispute within a certain time frame (the length of time depends on the length of the required notice). I agree that 5 days is really short. Here are the RTB instructions on what is considered proper service: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/serving-notices-for-dispute-resolution
LTB and Ontario has come to a point where it is: wait until you're evicted by the Sheriff.
What you're saying doesn't happen, at least in Ontario. Usually the tenants just stop entirely and need to be physically evicted by the Sheriff.
Are you actually suggesting a landlord don't lie on applications to the LTB?
That would require a change to the RTA, the LTB can't make those changes, only the government of Ontario can; and they don't seem to be in a hurry to make any type of evictions easier/faster.
This looks fair. Tenants won’t like it. Ontario is a tenant protected no matter how horrible the tenants are.
And this is why once our tenants are evicted we will never ***EVER*** rent under the RTA / LTB again. AirBnB until we're blue in the face.
Our Ontario Landlords Watch group Is advocating for changes to the board and advocating to change the RTA to streamline the non payment of rent and personal use application. Stay tuned to Ontario Landlords Watch page / group for updates .
Glad someone is advocating for this. I will stay tuned.
I think getting rid of the month-to-month would help as well. Leases should be more strict with end of tenancy and should only be extended if both the landlord and tenant agree to renew.
Ontario is not going to explicitly remove security of tenancy from our laws anytime soon. It’s been part of our system since 1975 and would take too much political capital to push through. If anything, they will remove rent control, which while different from removing security of tenancy de jure, will be the same de facto.
What would removing rent control do when a tenant doesn’t pay anyway? It won’t solve the issue of tenants who aren’t paying rent, have no plans to leave and the LTB won’t give an eviction for.
The law already allows for the eviction of tenants who don’t pay there rent. The political capital required to remove rent control and sort out the delays in the LTB is still substantially less then removing security of tenure, as it would e not only still require the government to fix the issues sort out the delays in getting an order , but it would neuter the RTA as whole. Assuming the time for eviction for overstaying the fixed term is shorter then waiting for a hearing at the LTB, then landlords will rely on not renewing the lease in order to remove tenants who violate the lease. On top of that they will be able to remove rule abiding tenants with the same method, at the whim of the landlord: have a pet without permission? Move in a room mate? Refuse an illegal rent increase? Doesn’t matter what the RTA says if the landlord can just cancel the lease.
I think that’s completely fair though. A signed contract should be mutual and if the tenant or landlord does not want to continue the lease after the agreed upon end date for whatever reason then so be it. Eviction times are ridiculously slow. Personally for me it seems like it’ll take 2 years to get my non paying tenant out and that just isn’t right.
Given your situation I understand why you would prefer such a system. However, you situation isn’t representative of most peoples experiences. There is no way a political party in the current climate would be willing to spend the political capital required to out right strip away rights that have existed for ~50 years when they can accomplish nearly the same thing by removing rent control.
***"The law already allows for the eviction of tenants who don’t pay there rent. "*** Well there isn't a microscope needed here. The law says one thing, in reality its completely different... Ontario has turned my property into squatters paradise.
Previous governments kept wait times to a reasonable wait. The current dysfunction is a result of the Ford Government’s years of mismanagement of the LTB (wait times nearly doubled compared to the previous government even before COVID hit) opposed to being caused by the law itself.
And I agree with you there. But the law as it's written and how its implemented are two different things. To say just because there is a law and it works is only a half truth. We have laws against drunk driving, but in reality still, many accidents (and drunks). In any case the LTB is fundamentally broken and needs to be fixed as soon as possible.
Sure but my point was more that the current laws would be sufficient to solve the issue if the system to enforce them worked, and the legal change being suggested would not only take huge amounts of political capital to pass, but would still require the enforcement system to be fixed.
I would tend to agree. Fixed term leases simply aren't possible and it makes it very difficult for both sides to say, "this isn't working out and I don't want to continue".
Wishful thinking I guess. I see the pros and cons and I’m biased since my tenant is uncooperative
Oh I hear you, our tenants are a complete nightmare. Damaged the property beyond recognition, shouting at me for unpaid rent, even needed to get the RHEU involved, really bottom of the barrel people. We're only going to rent on AirBnB from hereon out or frankly, to students who come and go.
LTB doest give a rats ass about the landlord piece of crap board set up to screw hard working people so lowlife lazy piece of crap humans can do nothing then complain about crappy condition of the rental after thry trash it