A mentally and physically disabled woman assaulted in a group home can’t move back into her home because the tenant demands $24,500 in cash to vacate.
RE: LTB-XXXXXXX – N12 – Basement Apt rented in residential home. Tenant refuses to move out.
Tenant Eviction by way of an N12 was filed with the LTB over 14 months ago to provide residence for the home owner’s mentally disabled 27 year old daughter.
Tenancy is a month to month lease with 60 day termination notice agreed to by the tenant and landlord.
We have a mentally and physically disabled 27 year old daughter, Amber. Amber is also 70% deaf. Our family home in Hamilton includes a 1 bedroom 400 sq ft atp. It was designed to accommodate Amber and support her future independent needs. The day will come when we can no longer help her. I am a retired professional from the private sector and my husband is a retired veteran. The 1 bedroom unit is currently occupied by a tenant.
When Covid surfaced, Amber’s caregivers were not able to attend the house. We were forced to place her in an assisted living home (ALH). Developmental Services Ontario (DSO) assisted with the placement and her transition to an assisted living residence. The goal was to provide her with the opportunity to develop independent living life skills crucial to her future development growth.
Unfortunately her situation deteriorated during her stay. We had to remove Amber periodically from the ALH due to recurring incidences of lice and bedbugs, but the determining factor to remove her occurred when she was physically assaulted while at the residence. We were concerned about her safety and lapses in supervision at the ALH.
We filed an N12 with the LTB and noted Amber, a family member, as the intended occupant.
For the record, the ALH owner’s addressed the situation promptly and professionally. We’ve had many conversations with them and we understand the pressures they are under to accommodate urgent unscreened dire individuals who can compromise the residents safety.
For clarification, an N12 is an application used within the Landlord Tenant Board (LTB) giving the tenant Notice to End their Tenancy because the landlord, a purchaser or a family member requires the rental unit. The evidence and police confirmations of the physical abuse was submitted with our N12, LTB application.
When our N12 was filed and the tenant officially served, the tenant informed us that he wanted $24,500 to move out and refused to move out until he received a payout. We stopped negotiating with the tenant after he declined our counter offer of $7,000 in addition to our offer to pay all moving expenses. That’s when we filed an N12 with the LTB.
The tenant lives in a portion of the basement in our family home. My family and I live upstairs. As you can imagine, the situation is remarkably uncomfortable.
Since filing the N12 with the LTB, we have endured three adjournments which has delayed a resolution for over 14 months. Our motion is currently under delay again awaiting scheduling of a fourth hearing.
At our first hearing the adjudicator reviewed the evidence and determined our N12 application was urgent and labelled it as such. The 1st adjudicator recommended that the next hearing be expedited under the AODA (Accessibility for Ontarians with Disabilities ACT) since Amber, a family member, was the intended occupant.
The delay between the first and second hearing was inexcusable compounded by the fact that the adjudicator-#1 was removed from the file. We had to start all over again with a different adjudicator-#2 who, in our opinion, took deliberate steps to delay the resolution to force a third hearing. The same adjudicator-#2 used the same tactics at the third hearing to force a fourth hearing that is now pending. Since the date of this letter, Dec 11/24, it has been 8 weeks since hearing #3.
Throughout this process, our senior paralegal and I have diligently followed the LTB process including following up on our fourth expedited-urgent hearing by submitting a Request to Shorten time form. (RTS). That form was received by the LTB on Nov 3/24. We’ve made four follow-up attempts with the LTB since Nov 3, all marked URGENT. We have yet to receive a response.
NOTE: It was brought to the attention of adjudicator-#2 that the tenant has not lived in the unit since May 2024. Verified evidence was provided to the LTB that the tenant entered into a 12 month lease agreement on Sept 1, 2024 with InterRent for a larger residence in Burlington where he now resides. Adjudicator-#2 had no comment even though it was disclosed that the tenant now has 2 residences and has not lived in the N12-unit since May 2024.
What’s more troubling for us is the mindset of the tenant who resides in our house. It’s curious insofar as post-N12, the tenant was a great tenant for over three years. During that time, the tenant never complained about anything until we verbally requested the unit back. That is when things apparently changed for the tenant.
The non enforcement of our N12 is an unconscionable act by the LTB and a violation of Amber’s right to live in her own home as noted by adjudicator-#1, “Expedite Hearing under the AODA (Accessibility for Ontarians with Disabilities ACT), a family member is the intended occupant.”
An N12 application should not be subject to any delays unless there is documented, VERIFIED, proof of landlord impropriety. We feel that our N12 has been reviewed in a prejudicial environment prevalent within the LTB. In accordance with the N12 rules, there has been no landlord impropriety verified evidence combined with no explanation from LTB for the excessive delays.
What would you think if you were in my shoes? A mentally disabled person at risk, a family member denied access to her family home by LTB in favour of a dual income professional couple with two rental units.
The dubious conduct demonstrated by the tenant and his paralegal over the last 14 months in conjunction with what we perceive is a bias within the LTB, constitutes a disgraceful abuse of process which promotes the tenant’s intention to extort a payout from us. The tenant is a well educated corporate accountant in a managerial role with stable employment whose intention is to utilize the LTB to extort a cash payout for an apartment he has not lived in since May 2024.
It is absolutely irrational thinking that a simple N12 where all the conditions have been satisfied has been subject to a fourteen month delay and it is still yet to be concluded.
On what basis can an adjudicator jeopardize the mental health and physical safety of a mentally challenged adult in favour of a dual income professional couple who can afford and secure two residences?
We feel this deserves a detailed explanation of what could possibly circumvent this N12. It would appear that the LTB favours tenants regardless of the type of filing submitted by a landlord. We have read of numerous extended periods of non-payment of rent, vandalism to landlord’s property and even convicted felons who are tenants supported by the LTB.
Does the LTB actually support criminal activity like fraud (premeditated excessive periods of non payment of rent) extortion (refusal to vacate on a simple N12 to get a substantial monetary payout) and vandalism (destruction of landlord’s property). It would seem that the answer is Yes.
In our situation the LTB seems to be putting a price tag on our daughter’s mental health by not evicting this tenant on the merits of the filed N12.
Do I have to pay $24,500.00 to the tenant because the LTB refuses to enforce a verified N12?
We are angry, frustrated and dejected because of the blatant incompetence that we’ve experienced and in our opinion, a bias within the LTB. No explanation has been provided for these delays. This N12 was filed for Amber’s protection and well being. You tell us: “What else can we do as parents to secure our daughter’s future”?
We are looking for assistance to help us understand “What else can we do as parents to secure our daughter’s safe future”? Or be advised if other options are available at this point because we have lost our faith in the capability of the LTB to resolve landlord/tenant issues on a case by case basis.
Managing the stress and financial burden of this illogical situation is one thing. Having no control over your asset and your families lives, is another.
Can you advise what our options are, assuming we have any? At this point because we have lost our faith in the capability of the LTB to resolve landlord/tenant issues on a case by case basis.
Can the PROVINCE OF ONTARIO do anything to mediate the LTB?
Thank you for reading this. Any feedback will be appreciated.
Kind regards
[Name withheld due to court proceedings]
