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Tenants Abusing a Biased System and Landlords Have No Voice

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A tenant-biased, broken system. The current state of Ontario’s Landlord  and Tenant Board (LTB), according to small landlord Qaisra Kazmi.

Kazmi and her husband own a property in Bowmanville, Ontario. In March of 2020, the couple rented their property to tenants who passed all screening measures. When COVID-19 shut down the province, Kazmi was flexible and understanding of the extreme circumstances. Rent was not paid on the agreed upon date, but was paid at some point during the month.

In November of 2020 the payments stopped and Kazmi has not received a payment since. At this point, Kazmi is owed close to 18 thousand dollars in back pay. As well, a broken stove, damaged water heater and a leaking refrigerator have all come out of Kazmi’s pocket to replace and repair since the tenants have moved into the property.

Kazmi immediately called the LTB  and tried to make arrangements with the tenants.

Payment plans were discussed without success. Notice to End a Tenancy Early for Non-Payment of Rent (N4) and Notice to End your Tenancy (N5) forms were filed with LTB. The forms were returned to Kazmi because of a “fatal error” and not processed further. Kazmi corrected the error in the paperwork and re-submitted. The forms were returned once again.

Once the forms were processed, Kazmi waited nine months for a hearing date. She hired a paralegal and prepared for the trial that was set to take place in July 2021. The LTB called two days prior and informed Kazmi the hearing was based on the wrong documentation.

Kazmi’s Husband called the LTB to try and solve the problem with the documents, and was told they had to wait and see.

Exhausted with the back and forth, Kazmi and her paralegal drafted an agreement with the tenant to re-negotiate terms and arrange a move-out date. Kazmi forgave five thousand dollars off the tenant’s statement and both parties agreed and signed the contract.

At this point Kazmi’s tenant has agreed to move out at the end of September. In the new agreement, the tenant agreed they would pay their rent on time and continue to pay back Kazmi after they have left the property for the rent that is still outstanding. The rent for July 2021 has not been paid.

Kazmi and her husband are emotionally, physically and financially exhausted from their tenant situation. After this tenant has left their property Kazmi said that she is not likely to rent the property again. The LTB was no help to her during this time, said Kazmi and she is terrified of being put in this position again.

By: Alexa Ford alexaford@solo.ca

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