Jane (a pseudonym used at her request) is a senior citizen small owner landlord I interviewed on September 19, 2022. The distraught tone of her voice and frustrated inflection was apparent almost immediately. This tone was so familiar, I’d even heard myself talking this way. I could tell that she’s recited this depressing story many times and I was just one more. Often she’d take moments of pause to think of an answer and I could tell she’d be holding back emotions. Our “system” has failed yet another landlord and sometimes it seems unbearable.
Jane and her husband purchased their home as a potential retirement residence or future home for her family. This home sits in a beautiful and picturesque location in Ontario, but it’s 400 km away from her primary residence. Needless to say, it’s been a challenge to get to this property with any regularity – something she probably needs to do more often. Jane’s plan was for her son to live at the property until they were ready, but because of violent encounters keeping him away, her son must live in his truck. “Winter is coming,” Jane says. Indeed it is.
Previously SOLO reported on this, and thus far Jane has done everything right. Her eviction story began in early 2022 when the tenant clearly signaled a plan to move out. In fact, Jane supplied me with email evidence of the former tenant saying they were moving out as far back as February of 2022. This simple process of leaving a property, taking it over, living in it or re-renting has become impossible for Jane because the former tenant has chosen to terrorize her.
In accordance with the Residential Tenancy Act 42(1) the following are the rules behind when a unit is considered abandoned:
- The landlord followed the Act and sent a letter to the tenant and to the Landlord Tenant Board stating that the Landlord deemed the residential unit to be abandoned. The landlords also applied to the Board to obtain an order terminating the tenancy based on the abandonment of the rental unit, even though the RTA states an Eviction Order is not required.
- The landlord gave a notice to the tenant and to the Board stating that the landlord intends to dispose of the property if the tenant does not claim the property within 30 days of the notice being given.
- The unit is clearly abandoned.
Now, given absurd and unjustified LTB delays, Jane is unable to obtain the above first option. Her next recourse was to provide for the second option, and Jane provided that notice on April 14, 2022. There had been clear and extensive evidence of abandonment. In accordance with the provided notice, Jane and her son attended the property 30 days later with the unit clearly abandoned and nothing claimed. In fact, Jane arrived with police who also confirmed that the property was abandoned. So, the tenants are gone, time to rebuild, right?
Wrong, that’s when things got serious.
While cleaning out the house, several of the “tenants” relatives and friend returned and became violent. They may have been sitting and waiting for the landlord or someone local tipped them off. Signs of drug use were apparent. This assault is all outlined in our previous post and parts of it were recorded. The absurd thing is that when police attended, they warned Jane she could be charged with trespassing. No assault charges on this gang of thugs. No clear-headed understanding of the RTA. And most importantly, Jane was forced to leave her home abandoned. The police continue to incorrectly insist the former occupants have some right to “defend” their property (even though all evidence to the contrary). The police insist on seeing an eviction order given it’s not required and perhaps not understanding it’s an impossible up to 8-month process just to see a hearing.
More than that, these tenants seem to be on a mission to hold Jane’s home hostage and they’re succeeding.
It’s this murky wasteland of law enforcement interpretation and the Ontario Landlord Tenant Board’s powers that really hurt people. And, if you’re looking for real examples of how this massive gap causes personal injury – Jane is the perfect example. I’m sure other landlords have experienced this too; I know I have. Criminal activity is clearly taking place and it’s the prerogative of the police to press a charge, yet because it’s possible a “landlord” and a “tenant” could be in front of them, they pass that “buck” on to the Landlord Tenant Board. In Jane’s case, it’s a clear and wrong interpretation of the LTB’s abandonment rules. This isn’t a one-time occurrence either, this is multiple times.
Now, we’re not here to criticize law enforcement. Some have been very helpful. Jane, with conviction, makes note of a Constable Young and an Officer Koehler who went out of their way to be understanding and helpful. The clear issue here is that, first, police have little or no training on what to do when it comes to the RTA. Interpretations will vary wildly and when incorporated into situations where charges might be laid, the police will always fall back on what they know. Too many will just pass over the situation or leave out any follow-up actions. Secondly, the police have no legal powers or will to enforce matters such as tenant intimidation or violence – Criminal Code (R.S.C., 1985, c. C-46) 423 (1). The law needs to account for these greyer areas where an officer might think (oh, that’s an LTB issue), when she should be thinking (those are threats and intimidation, and it’s a crime).
If the LTB is not going to provide reasonable justice to landlords, police should be educated in the rules that push up against laws they enforce. This lack of knowledge has led to Jane, a person only looking to get her abandoned home back, to facing charges of auto theft. Her efforts to remove a clearly abandoned and dilapidated vehicle (to storage) lead to the wrong parties facing charges. So, in addition to the soul-destroying stress of potentially losing her home, Jane needed three to four weeks to overcome a theft charge.
The current environment of a broken Landlord Tenant Board in Ontario only exacerbates the multiple levels of injustice that allows Jane’s former tenants to terrorize her and her family. Jane has sent letters to Premier, Minister of Housing, MPP and even local media. Can you guess who actually took the time to respond? The local grass roots media. They published her story, so don’t shrug off local media, they may create action. We need to get these stories out there.
This rental property currently sits abandoned going into its seventh month. Damages are near $23,000 and growing.
Jane can’t go back to the house for fear of continued violence.
Jane’s house sits languishing and empty while she pays for a property she can’t use. The house sits attacked by the elements with no hydro. As Jane points out “An open invitation to new squatters.”
