Understanding Evictions: Your Rights as a Tenant

1. 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.

2. 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. Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

3. The “in and out” ofEVICTIONS Presented by – Chris Woodall, Paralegal/Community Legal Worker Your rights as a Tenant Brought to you by Niagara North Community Legal Assistance

4. 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

5. Evictions Who is a Tenant? Covered by the Residential Tenancies Act?: YES or NO 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 Brought to you by Niagara North Community Legal Assistance

6. Evictions Who can evict/cancel tenancy? Landlord Tenant Both: Lease/rental agreement = contract Both must provide proper notices Don’t hold back rent to punish landlord for fix-it problems Don’t turn off heat, gas, water, electricity to punish Tenant for lack of rent Brought to you by Niagara North Community Legal Assistance

7. Evictions NOT an RTA Tenant • Remedy through Small Claims Court • Co-ops: follow co-op bylaws, processes Evicted at any time • Remember: Occupant is not a Tenant • Remember: Social housing partly not RTA Brought to you by Niagara North Community Legal Assistance

8. Evictions 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 Brought to you by Niagara North Community Legal Assistance

9. Legal reasons for eviction: • Didn’t pay/late pay rent • Disturb neighbours • Illegal business (usually drug-related) • Landlord/buyer wants to live there • Total renovation/destruction needs Tenant out to complete work • Conversion to other use (condo, commercial) Brought to you by Niagara North Community Legal Assistance

10. “Popular” Notices Common to all: Check the termination date; Exact reasons only N4 – non-payment of rent Landlord can apply for eviction the day after termination date Check the amount demanded: correct? Got receipts? Talk to the landlord: plan to catch up? N5 – misbehaviour, over-crowding General damage or negligence Disturb neighbours (more than once) Too many people (children not included) Tenant has 7 days to correct (first time only) Corrected activity voids Notice Brought to you by Niagara North Community Legal Assistance

11. Common to all: Check termination date; Exact reasons only N6 – illegal act or business Specific to drug activity, or Misrepresentation of Tenant income Termination in 10 days Landlord can apply for hearing right away Landlord doesn’t need drug charge or conviction to act N7 – end tenancy early Similar to N5, but Damage must be wilful Tenant in same building as Landlord, and Building has 3 or fewer units Disturbances affect Landlord directly Brought to you by Niagara North Community Legal Assistance

12. Common to all: Check termination date; Exact reasons only N12 – landlord, buyer own use Or child/parent of Landlord/buyer to occupy Affidavit of proposed occupant saying why Tenant should demand presence of person at hearing Bad faith by “occupant” voids application N13 – conversion, demolition, large repairs/renos Landlord needs building permit; needs vacant unit Details of work, reasons needed Termination date = 120 days, but 1 year if trailer park Complex is 5+ units = Landlord to pay 3 months rent, or provide another unit suitable to Tenant Trailer park = Landlord to pay 1 year rent or $3,000 (BUT not if Landlord ordered by city to demolish/repair) Brought to you by Niagara North Community Legal Assistance

13. Now you are served Decision time: stay or go • STAY = FIGHT • FIX the PROBLEM • Ignore notice, force LL to file at L&T, $170 fee to you if you lose • Gather evidence • Call legal clinic for advice • GO (maybe fight) • Follow termination date on notice; • OR negotiate with LL when leave • OR fight with Tenant application • (eg maintenance, harassment) Brought to you by Niagara North Community Legal Assistance

14. At the Landlord & Tenant Board Options: Tenant Duty Counsel – last-minute advice Mediation or “last chance romance” – Board will support consents OR ……. Brought to you by Niagara North Community Legal Assistance

15. The Hearing • Not a “court” = flexibility, less formal • Open to the public, parties/witnesses required to affirm to tell the truth • Applicant (Landlord) goes first, show evidence/witnesses • -- chance for Tenant to ask Landlord questions • Respondent (Tenant) goes next, show evidence/witnesses • -- chance for Landlord to ask Tenant questions • Board Member might step in to ask questions at any time • Parties summarize their positions • Board Member may decide right away or later Brought to you by Niagara North Community Legal Assistance

16. 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

17. What’s next? Did the Tenant lose? Eviction Standard Order Termination 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 Brought to you by Niagara North Community Legal Assistance

18. What about your stuff? Landlord can NOT seize Tenant stuff just because: Tenant owes rent Landlord 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

19. What about your stuff, 2 If properly evicted through LTB, or agreed termination date Take everything with you, or abandon your stuff If Sheriff comes knocking Locks changed, Tenant leaves asap, leaves stuff Tenant has 72 hours to pick up stuff Landlord must keep stuff safe, allow access Landlord can throw out food, plants Tenant may have other rights to recover stuff later Landlord stored = pay storage fees to recover Landlord sold stuff = can go toward arrears Brought to you by Niagara North Community Legal Assistance

20. 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

21. Evictions HAPPY CASTLE HUNTING! Brought to you by Niagara North Community Legal Assistance

22. 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