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

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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

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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

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EVICTIONS

oRemember: Occupant is not a Tenant

oRemember: Social housing partly not RTA

EVICTIONS

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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

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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

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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

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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)

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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

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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?

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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

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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

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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

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