What is Bill 184?
Bill 184 is comprised of at least in part changes to the Residential Tenancies Act, the law governing relations between residential landlords and tenants in Ontario. Prior to the Bill’s passage, many tenant groups protested and warned us all that thousands of tenants will be evicted without a hearing. In fact, nothing much at that end has changed, other than allowing landlords and tenants to make private arrangements outside the Landlord and Tenant Board that can be enforced in the same way as if they attended mediation on Hearing Day.
Can a Tenant be Evicted Without a Hearing Under this New Law?
First, we need to discuss facts about the existing Act before Bill 184 came into place. As someone that has represented hundreds of parties before the Board over the years of its existence, the Act always had an option for what is called an ‘ex parte’ hearing. The Landlord and Tenant go to a Hearing but, before the hearing they sort out their issues with the help of a Mediator. After they arrive at an agreement, they attend before the Adjudicator and ask for a consent order. A Consent Order is what makes the agreement enforceable and less likely to be overturned on review. Read more… “Evictions Under Bill 184: Are They Really Easier?”
The Province of Ontario called a state of emergency on March 16, 2020. A staged lock-down of the Province’s normal activities of business was called to contain the COVID-19 virus. Among other tribunals, the Landlord and Tenant Board closed its doors to many of its services. However, the Board still conducts telephone hearings and accepts new Applications.
The enforcement of evictions through the Sheriff is suspended. The activities of the Board appear to be ground to a halt.
How This Impacts Landlords
As soon as the pandemic began and our economy began to shut down, many tenants across Ontario lost their jobs. It was evident that many would be unable to pay their rent in April 2020. A tenant movement across the province encouraged people to “keep their rent”, while our economy shut down. Many small landlords have called our office for help. Read more… “Navigating the Complexities of Landlord and Tenant Law in the Times of Pandemic”
Landlord and Tenant Disputes
Our office receives calls from Tenants who are bewildered after getting an eviction notice when they never got a Hearing at the Landlord and Tenant Board. They ask me if it is legal to do this. My answer to this as always, is “it depends”.
I will often ask the Tenant if anything had taken place between them and the Landlord recently. Was there a Board appearance, a mediation, or did they sign an agreement to terminate (N11)? We have been told by Tenants that their Landlords put them to duress to sign a form to say they will move by a particular date. Many Tenants are not aware of what these Forms are. When I ask them if they signed any forms, they often say, “Yes, I did. Did I do something wrong?”.
No. As a Tenant, you did nothing wrong. You probably did not know what you were signing. Many Tenants have not planned to move from their rental units before their Landlords came in to get them to sign. One concern is if the Tenant does not in fact leave by the date set in the form, they can be evicted. There will be no Hearing. There will be no opportunity to present their side of the story to the Board. Read more… “TENANTS – A NEW EVICTION TRICK BY SOME LANDLORDS”
What Often Happens at Hearings
I sit as an observer at the Landlord and Tenant Board. I often do this when waiting for one of our firm’s cases.
Today’s hearing blocks were for matters of arrears of rent. On rent arrears days, landlords often try to do ‘self-help’. That is, I see many of them struggle, getting frustrated with the process and hurriedly filling out forms. Despite their best efforts, the hearing officer often turns them away. Many things can go wrong in an application process. When this happens, a landlord can be denied their eviction and lose even more money.
Most adjudicators are well meaning and attempt to ensure that parties before them get heard. Today, the adjudicator at the Board spent most of his time explaining to the landlords what they did wrong. He advised them how to correct it and why it is necessary to do things in a certain way. I found him to be kind and gentle in his approach, although those appearing before him likely felt on edge. His main point is that some errors can be fatal. Read more… “Avoid Costly Errors at Your Next Eviction Hearing”
How the Standard Lease came to be….
The New Standard Lease, a solution in search of a problem, came into being April 30, 2018. For most folk in the industry, Landlords and Tenants alike, this was not an issue. It wasn’t a pressing issue, it just wasn’t an issue at all. Industry players and pundits alike were take aback by the introduction of a new industry wide lease.
That is because any lease or tenancy is, and was, subject to the Residential Tenancies Act (RTA) and the rules therein. In practical terms, every tenancy within the RTA was subject to the same rules, regardless of the language in the individual lease agreements. The RTA is the one ring that rules them all.
So why a new lease? Are there any benefits to this new lease? Doesn’t it resolve issues that weren’t previously addressed? And, most importantly, how can Landlords and Tenants use it to assist themselves? Read more… “The New Standard Lease for Residential Tenancies- Additional Terms for use”
Sample Additional Terms for potential use in Section 15 of the Standard Lease, Residential Landlord and Tenant issues in Ontario
PLEASE NOTE – legal disclaimer, these are sample clauses designed to demonstrate the types of clauses that can be used to upgrade and personalize the Standard Lease. The sample clauses do not and are not meant to capture every possibility or to be an exhaustive list. The sample clauses are not intended for use by any party and not designed for any particular situation or any landlord or tenant. No liability can attach to the author for any use of these clauses.
Read more… “Resource – Sample Additional Clauses for the Standard Lease for Landlords and Tenants”