the 'in and out' of evictions
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Recorded on June 13, 2012 - Getting evicted from a home is never pleasant. This webinar, intended for community workers, gives information on how to advise clients who are dealing with eviction. The webinar looks at who is a tenant, what tenants face when they receive an eviction notice, and the role of the Landlord and Tenant Board. Watch this webinar at: http://yourlegalrights.on.ca/webinar/and-out-evictionsTRANSCRIPT
This webinar is brought to you by Your Legal Rights: a website of legal information for people in Ontario.
www.yourlegalrights.on.ca
Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.
Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.
About our presenter…
Chris Woodall is a Community Legal Worker and Paralegal with Niagara North Community Legal Assistance (NNCLA), a legal clinic based in St. Catharines. Chris joined NNCLA after 25 years as a newspaper editor and journalist.
The “in and out” of
EVICTIONSYour rights as a Tenant
Brought to you byNiagara North Community Legal Assistance
Presented by – Chris Woodall,Paralegal/Community Legal Worker
The Players:
Meet your landlord:
(as seen by You)
Meet yourself: (as seen by the landlord)
Brought to you by Niagara North Community Legal Assistance
EVICTIONS
RTA, YES = Regular tenants Boarders “Motels/hotels” Social housing (partly) Care homes (partly) Cabins/mobile homes
RTA, NO = Live with Landlord Co-ops Vacationing public Student residence Live on the farm Occupant
Covered by the Residential Tenancies Act?: YES or NO
Brought to you by Niagara North Community Legal Assistance
Who is a Tenant?
Who can evict/cancel tenancy?
Landlord
Both must provide proper notices
Don’t hold back rent to punish landlord for fix-it problems
Both: Lease/rental agreement = contract
Brought to you by Niagara North Community Legal Assistance
EVICTIONS
Tenant
Don’t turn off heat, gas, water, electricity to punish Tenant for lack of rent
NOT an RTA Tenant
Remedy through Small Claims Court
Co-ops: follow co-op bylaws, processes
Evicted at any time
Brought to you by Niagara North Community Legal Assistance
EVICTIONS
oRemember: Occupant is not a Tenant
oRemember: Social housing partly not RTA
EVICTIONS
Brought to you by Niagara North Community Legal Assistance
YES, an RTA Tenant
Eviction ONLY through Landlord & Tenant Board
Starts with LTB Notice (the “red flag”) Verbal “eviction” not any good Written “eviction” not any good Landlord can’t change locks, move your stuff
Landlord actions
Legal reasons for eviction:
o Didn’t pay/late pay rento Disturb neighbourso Illegal business (usually drug-
related)o Landlord/buyer wants to live
thereo Total renovation/destruction
needs Tenant out to complete work
o Conversion to other use (condo, commercial)Brought to you by Niagara North Community
Legal Assistance
“Popular” Notices
N4 – non-payment of rentLandlord can apply for eviction the day after termination
dateCheck the amount demanded: correct?Got receipts?Talk to the landlord: plan to catch up?
N5 – misbehaviour, over-crowding
General damage or negligenceDisturb neighbours (more than once)Too many people (children not included) Tenant has 7 days to correct (first time
only)Corrected activity voids Notice
Common to all:Check the termination date; Exact reasons only
Brought to you by Niagara North Community Legal Assistance
N6 – illegal act or businessSpecific to drug activity, orMisrepresentation of Tenant incomeTermination in 10 daysLandlord can apply for hearing right awayLandlord doesn’t need drug charge or conviction to act
N7 – end tenancy earlySimilar to N5, butDamage must be wilfulTenant in same building as Landlord,
andBuilding has 3 or fewer unitsDisturbances affect Landlord directly
Common to all:Check termination date; Exact reasons only
Brought to you by Niagara North Community Legal Assistance
N12 – landlord, buyer own useOr child/parent of Landlord/buyer to occupyAffidavit of proposed occupant saying whyTenant should demand presence of person at hearingBad faith by “occupant” voids application
N13 – conversion, demolition, large repairs/renosLandlord needs building permit; needs vacant unitDetails of work, reasons neededTermination date = 120 days, but 1 year if trailer parkComplex is 5+ units = Landlord to pay 3 months rent, orprovide another unit suitable to TenantTrailer park = Landlord to pay 1 year rent or $3,000(BUT not if Landlord ordered by city to demolish/repair)
Common to all:Check termination date; Exact reasons only
Brought to you by Niagara North Community Legal Assistance
Now you are servedDecision time: stay or go
STAY = FIGHT
oFIX the PROBLEMoIgnore notice, force LL to file at L&T, $170 fee to you if you loseoGather evidenceoCall legal clinic for advice
GO (maybe fight)
oFollow termination date on notice;oOR negotiate with LL when leaveoOR fight with Tenant application (eg maintenance, harassment)
Brought to you by Niagara North Community Legal Assistance
At the Landlord & Tenant Board
Options:
Tenant Duty Counsel – last-minute advice
Mediation or “last chance romance”– Board will support consents
OR …….
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The Hearingo Not a “court” = flexibility, less formal
o Open to the public, parties/witnesses required to affirm to tell the truth
o Applicant (Landlord) goes first, show evidence/witnesses-- chance for Tenant to ask Landlord questions
o Respondent (Tenant) goes next, show evidence/witnesses-- chance for Landlord to ask Tenant questions
o Board Member might step in to ask questions at any time
o Parties summarize their positions
o Board Member may decide right away or laterBrought to you by Niagara North Community Legal Assistance
What’s next?
Did the Tenant win?
Tenant not evicted, Or
Tenant requests termination at later date to assist with move out
Award of damages = Small Claims Court money chase
Brought to you by Niagara North Community Legal Assistance
Did the Tenant lose?
Eviction Standard OrderTermination 10 days, or later with
permission of Board (s.83)
Pay up arrears before termination date = voids eviction
But must pay application fee, too
Pay up arrears before Sheriff shows up = voids eviction
But must pay Sheriff fee, too
What’s next?
Brought to you by Niagara North Community Legal Assistance
What about your stuff?
Landlord can NOT seize Tenant stuff just because:Tenant owes rentLandlord has a dislike of Tenant
If Tenant “takes off”:Stuff abandoned =Landlord can sell, toss out, give away
Brought to you by Niagara North Community Legal Assistance
What about your stuff, 2If properly evicted through LTB, or agreed termination date
Take everything with you, or abandon your stuff
If Sheriff comes knockingLocks changed, Tenant leaves asap, leaves
stuffTenant has 72 hours to pick up stuffLandlord must keep stuff safe, allow accessLandlord can throw out food, plants
Tenant may have other rights to recover stuff laterLandlord stored = pay storage fees to recoverLandlord sold stuff = can go toward arrears
Brought to you by Niagara North Community Legal Assistance
Evicted by … life
If the Tenant dies
Landlord can get rid of anything unsafe (food, plants)
Landlord must keep items safe for 30 days for estate recovery
After 30 days, Landlord can sell or throw out items
Brought to you by Niagara North Community Legal Assistance
HAPPY CASTLE HUNTING!
Brought to you byNiagara North Community Legal
Assistance
EVICTIONS
This webinar was brought to you by Your Legal Rights: A website of legal information
for people in Ontario
For more information visit Your Legal Rights at www.yourlegalrights.on.ca
For more public legal information webinars visit:www.yourlegalrights.on.ca/training