It took us 5 years and 3 different Paralegals to get our house back. Relieved.
It was a long road with tenants who have currently filed 2 tenant applications against the landlord which will be heard in March 2025.
What did they do?
PUBLIC ORDER – Hearing Date August 19, 2021
PUBLIC ORDER – Hearing Date December 17, 2021
PUBLIC ORDER – Hearing Date April 24, 2024
PUBLIC ORDER – Hearing Date October 23, 2024
The first hearing order pertained to non-payment of rent. An agreed payment plan was established (N4 payment plan) to pay back rent over the next 12 month period at $1000/month. They were late every month during the pay back period.
On the morning of the second hearing they paid rent arrears prior to the hearing and the landlord’s Paralegal withdrew the application. They continued to pay late requiring the monthly N4 to be served.
The third hearing for persistently late payments resulted in an Order to pay on time.
The fourth hearing was a breach of the third Order and the landlord’s Paralegal kept saying you will just get another pay on time order! They fought back by removing the dishwasher after their “accidental flooding” of the lower unit 5 times. The AC & heat readings were documented almost daily with screenshots of the Ecobee thermostat system and sensor readings. Documentation was uploaded into the LTB portal of the tenants applications (T2 & T6) complaints (removal of dishwasher, challenging the plumber’s findings, tenant wanted the amenity dishwasher added back). Meanwhile the tenants were trying to disturb the other tenants in the back by yelling and screaming and by installing a room AC and driving utilities higher plus causing breakers to surge and flip.
We served annual rent increases, insulated and sound proofed between the floors to mitigate the constant complaints. N4 and N5 applications were submitted and owners say they were harassed constantly with false complaints. The tenant’s goal was to stay just within the boundaries by gaming the system, wearing them down and hoping the owners would give up and pay $10,000 cash for keys. They would not. There were constant complaints about the heat and the air conditioner and they would not let technicians in after complaining. Windows were kept open during the winter and the furnace eventually had to be replaced.
One of the heating contractors suggested the Ecobee thermostat, mounted on the locked furnace room and this was their opportunity to create records of what was actually happening in the home. This was a single family home without basement access.
Utilities are still owing which the landlord has not filed for at the LTB…yet.
There are a few resources that will help landlords facing non-payment of rent. Review the services offered by frontlobby.com and openroom.ca. It is important to motivate and create #changeofbehavior for those tenants who do not prioritize following the contract they signed and ensuring that they can keep a roof over their head for themselves and their children.
We are helping housing providers fight back. In addition to educational content such as documentation and webinars, we’re leading an effort to help landlords understand how they can initiate criminal prosecutions for fraud, Freedom of Information requests and how to enforce payment through Small Claims Court. If you are a landlord in need of help, we welcome you to join us for free.
