This redacted letter is coming from a Solo landlord who was trying to exercise her rights in the case of an abandoned unit.
She is pleading with the provincial police to enforce the law to protect her against alleged intimidation from tenants who are in arrears and gave their residential address as places other than the subject property.
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Attention: Local Resolution Officer for the Ontario Provincial Police
I am seeking clarification as to the actions taken by the officers attending to an incident on [redacted] April [redacted], 2022 at [redacted].
The persons involved were [redacted] (myself), [redacted] and two other females not known to me.
[redacted] were the tenants who rented the house. There is no relationship with the other persons. I am the property owner and I was at the house and property along with my son [redacted].
We were there to remove garbage, clean the house and the garage, and to begin to make repairs to the damage caused by the tenants. I was acting within the authority given under the Residential Tenancy Act and especially the Landlord and Tenant Board. When I tried to explain that to the attending officers, I was told that I and my son were trespassing and we had to leave.
I also had to give the “tenants” the keys to the locks I had just changed.
I believe that I was denied my rights as a property owner and landlord.
I am aware that the OPP does not enforce the Residential Tenancy Act. I would like the officers to be aware of the Act so that they can respond to these types of incidents in the proper manner.
I propose that the resolution be that the keys to the house and garage be surrendered by the former tenants or failing that, that I be able to change the locks once more.
I also propose that a No Trespass Order upon the property be given to the former tenants and the persons that accompanied them.
I also propose that I be allowed to carry out the removal of garbage and the relocating of the tenants’ items to storage.
I am herein stating the facts that led to our presence on the property and to the confrontation brought on by the people who had inhabited the residence.
Legislative Authority
As per the Residential Tenancy Act:
Abandonment is a unilateral act by the tenant to relinquish their tenancy and give up possession of the rental unit without properly giving notice of the termination to the
landlord.
Evidence of Abandonment: Landlord and Tenant Board Brochure
If there is rent due, there must still be substantial evidence of abandonment before the landlord can re-rent the unit or deal with the tenant’s property that is remaining in the unit.
There are rental arrears for January, February, March, April and May to date.
There are circumstances where the evidence is clear.
- For example, the tenant may tell the landlord or the superintendent that they are moving out. This was evident in the email of [redacted] from the tenants.
- The tenant may be seen in the process of moving out of the building. This was reported by the neighbors who had a conversation with [redacted] and was told that they would be out by March 15th
- and later the door of the unit is found open. When I attended the unit in February and again in March, 2022, the door to the house and garage were unlocked and there were no persons in the area nor any evidence of vehicle tracks in the snow in the driveway.
- showing that all furniture and personal effects were removed. I have photos taken in Feb and March that the residence and garage were empty of furniture and personal effects. This was also verified by the Municipal Bylaw Enforcement Officer and OPP Constable [redacted]
- A neighbor has reported that they saw the tenant moving. This was reported by the neighbours who saw a moving van parked in the driveway and being loaded.
- And the tenant advised the landlord that they intended to leave. Again, this was stated in an email response from the tenants in February 2022. I also received a call from an OPP constable that day to advise me that the tenants wanted to charge me with harassment. During that phone call, the tenants advised the officer that they were moving out but did not give him a date as to when.
Provided there is no evidence to the contrary, this evidence would support a finding that the tenant has abandoned the rental unit. In such circumstances, the landlord may be justified in considering the unit to be abandoned.
Once the landlord has determined that the unit has been abandoned, they can take permitted actions granted under the Residential Tenancy Act:
If the unit has been abandoned, in accordance with subsection 42(1), the landlord may dispose of any of the tenant’s property found in the unit provided that ….
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 landlord may immediately dispose of anything unsafe or unhygienic and, after 30 days following the issuance of the order or the giving of the notice, may dispose of any other tenant belongings. If a tenant does claim the belongings within the 30 day period, they must pay the landlord any arrears of rent and any reasonable costs of moving, storing and securing the property.
Actions Taken:
April [redacted], 2022 – I took 4 truck loads of garbage and any other unsafe or unhygienic items to the landfill site. There remained a few more loads that I would attend to the following weekend. 10 hours were spent cleaning the front sunroom and another 4 hours were needed to clean the fridge.
Incident Report:
April [redacted], 2022 – My son and I attended the property to remove the remaining piles of garbage and to start the cleaning up of the house and garage.
We noted that there was a stockpile of tenant items in one of the outbuildings.
At approximately 13:40, my son asked me if I knew of anyone with a white vehicle as there was a car that had pulled into the start of the circular driveway. I did not.
The car continued up the driveway and to the house. A young man got out of the passenger side and said that he was [redacted] and that he was here to get a load. [redacted] identified himself as the son of [redacted] and he was accompanied by a female companion.
I told [redacted] that nothing was leaving this property until I was paid rent and any other outstanding fees. [redacted]said that that was between his mom and me. I said “yes, it is” and I asked [redacted] to leave the property. [Redacted} said that his mother was coming soon and “we will see what happens then.”
[redacted] got into the car and the female companion drove to the roadside where they waited. While waiting, [redacted] got out and took photos of my truck and my son who was cleaning the
garage floor.
I called the OPP for assistance as I was fearful that there would be a violent confrontation, based on the reports I had received from Real Estate Agents and Contractors who had attended the premises while the tenants resided there. I asked to speak to Constable [redacted] and was told that there was no such officer with the [redacted] OPP. I managed to speak to another officer and expressed my concerns. I was advised to call back if things escalated.
Soon a [redacted] car drove up near the garage and house, and [redacted] in the white car drove up the other side of the driveway, completely blocking any exit for my truck.
[redacted] and another female got out of the [redacted] , while [redacted] and the other female got out of the [redacted vehicle] .
I heard a male voice (which I later identified as [redacted] ) yelling at my son. I went to the back door to see what the yelling was about and I saw my son being held by three men who then threw my son through the garage door opening and onto the refuse pile.
Within seconds I was being yelled at by [redacted] , being told to get out and that this was their place. My son began recording the incident. I was cornered at first but managed to retreat to another room to call 911.
During the time that we were waiting for police assistance, [redacted] were constantly yelling, threatening harm, and becoming violent to the point where my son had put himself between them and me. The video recording will support these statements.
Upon arrival of the officers, [redacted] gave her residential address as being somewhere in [redacted] while [redacted] stated he was living in [redacted] . [redacted] had also yelled out that they moved out because she was in quarantine for Covid. This to me is an admission that the tenants had moved out. The police officers did not see it this way.
I tried to explain to the officer that I was acting within the rights and obligations of the landlord but I was told that unless I had something in writing, the police officers would not recognize those rights.
I again stated that under the Residential Tenancy Act, an eviction order is not required where abandonment is clearly evident and that in fact, I had the right to remove the garbage and change the locks and move[redacted] to storage. I presented the officers with the information from the Landlord Tenant Board, the Residential Tenancy Act and copies of the letters I had sent to the tenant and the Landlord Tenant Board.
I was informed by an officer that my son and I were trespassing and we were asked to leave.
My son and I were told that no assault or uttering threat charges would be made against [redacted] or [redacted] since they had the right to defend the premises that they believe they were entitled to reside in.
It was requested of me that I give [redacted] a key to the locks that had been changed. The police provided security while we packed up our supplies into the trailer and truck and left the premises.
In summary, I am seeking a resolution such that I am allowed to exercise my rights as a property owner and landlord, as permitted under the Residential Tenancy Act, without interference or the threat of violence from [redacted].
I am not looking for an apology from any of the officers as I verily believe that they are not well versed in the Residential Tenancy Act and conducted their actions in accordance with “the colour of the law” as one officer consistently repeated while he was explaining the decisions made and actions taken by the police officers.
Respectfully,
[redacted]
DoB [redacted]
Phone [redacted]
