Small Ownership Landlords of Ontario

Landlords Helping Landlords

Small Ownership Landlords of Ontario

Landlords Helping Landlords
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SOLO Landlord Story #14: Handcuffed by the LTB Process

Nov 9, 2020

N5/L2 application filed with Board

Feb 17, 2021

N5/N7/L2 application re-submitted with Board along with Expedited Hearing request. First application was apparently not processed by the Board (confirmation of submission was provided) and situation with tenant had since escalated

Feb 19, 2021

Member Endorsement

Expedited hearing granted on N5 and N7 application; hearing scheduled for Mar 30, 2021

Mar 30, 2021

Hearing – adjourned with assurance of priority status to reschedule and next hearing to take place within two weeks. (Tenant counsel had claimed not enough time to receive and review evidence, etc.)

April 14, 2021

Followed up with the Board as still no notice of hearing rescheduled. Received response back of hearing date for May 28, 2021

May 28, 2021

Hearing takes place – SIX HOURS LONG.

All other tenants/victims living in the building (it’s a triplex) and subject to the offending tenant’s behaviour and abuse also attended, and contributed as witnesses and with victim impact statements. This living environment is so impactful that they remained present at the hearing for the entire six hours.

June 16, 2021

Contacted by email every board member I could get ahold of, the Attorney General, local MPP. My tenants, and myself, need relief. Where is the order?

June 22, 2021

Fellow landlords. We finally have our eviction order. Non-conditional, with no section 83 relief aside from it not being an expedited order. She’s got until July 31 to vacate.

It’s been a lot to contend with, but my other tenants have had to live with it. Every day. An aggressive, mentally abusive lady who’s been enabled to bully her way around the system and get away with it. Paid for with our tax dollars.

Eviction was the last resort, all attempts made to remedy this issue before taking legal action. But she finally met someone who wasn’t going to take her shit. Special mention to my legal counsel Steven Smith. 

N5/N7 and L2 applications are not to be taken lightly. Knowledgeable legal counsel is needed.

Had I been unrepresented throughout this process the risk of fatal errors is too high and my counsel had case law knowledge in addition to legal expertise to handle this. The cost of a failed application would have been much greater – although I may save some champagne for when I get my invoice for services.

The end is in sight. The reign of terror is almost over. Counting down the days, officially. I take my responsibility of care for my tenants and their living accommodations very seriously. 3 young women and 2 children dealing with this. For months. And I was handcuffed by the LTB process. The offending tenant knew it too.

It was a true testament of how untenable the situation had become in that the Vice Chair issued a non-conditional eviction order with the only section 83 consideration being to give her until the end of July.

How did this process truly serve any of these tenants? When the system enables bad behavior to such an extent, it fails to protects those it claims to. Herein lies the problem – for all of us.

M.D


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