This webinar is brought to you by
Your Legal Rights: a website of legal
information for people in Ontario.
www.yourlegalri...
Your Legal Rights is a project of CLEO and funded by the Law Foundation of
Ontario.
About our presenter…
Chris Woodall is ...
The “in and ouT” of
eViCTionS
Your rights as a Tenant
Brought to you by
Niagara North Community Legal Assistance
Presented...
The Players:
Meet your
landlord:
(as seen by You)
Meet yourself:
(as seen by the landlord)
Brought to you by Niagara North...
EVICTIONS
RTA, YES =
 Regular tenants
 Boarders
 “Motels/hotels”
 Social housing (partly)
 Care homes (partly)
 Cabi...
Who Can
eViCT/CanCel
TenanCy?
Landlord
Both must provide proper notices
Don’t hold back rent to
punish landlord for fix-it...
NOT aN RTa
TeNaNT
Remedy
through Small
Claims Court
Co-ops: follow
co-op bylaws,
processes
Evicted at any time
Brought t...
EVICTIONS
Brought to you by Niagara North Community Legal Assistance
YES, an RTA Tenant
 Eviction ONLY through Landlord &...
Legal reasons for eviction:
o Didn’t pay/late pay rent
o Disturb neighbours
o Illegal business (usually drug-
related)
o L...
“Popular” Notices
N4 – non-payment of rent
Landlord can apply for eviction the day after termination date
Check the amount...
N6 – illegal act or business
Specific to drug activity, or
Misrepresentation of Tenant income
Termination in 10 days
Landl...
N12 – landlord, buyer own use
Or child/parent of Landlord/buyer to occupy
Affidavit of proposed occupant saying why
Tenant...
Now you are served
Decision time: stay or go
STAY = FIGHT
oFIX the PROBLEM
oIgnore notice, force
LL to file at L&T,
$170 f...
At the Landlord & Tenant Board
Options:
Tenant Duty Counsel – last-minute advice
Mediation or “last chance romance”
– Boar...
The Hearing
o Not a “court” = flexibility, less formal
o Open to the public, parties/witnesses required to affirm to tell ...
What’s next?
Did the Tenant win?
Tenant not evicted, Or
Tenant requests termination at later date to assist with
move out
...
Did the Tenant lose?
Eviction Standard Order
Termination 10 days, or later with permission of
Board (s.83)
Pay up arrears ...
What about your stuff?
Landlord can NOT seize Tenant stuff just because:
Tenant owes rent
Landlord has a dislike of Tenant...
What about your stuff, 2
If properly evicted through LTB, or agreed termination
date
Take everything with you, or abandon ...
Evicted by … life
If the Tenant dies
Landlord can get rid of anything unsafe (food, plants)
Landlord must keep items safe ...
HAPPY CASTLE
HUNTING!
Brought to you by
Niagara 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 inform...
Upcoming SlideShare
Loading in …5
×

The 'In and Out' of Evictions

1,066 views

Published on

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-evictions

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
1,066
On SlideShare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
2
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

The 'In and Out' of Evictions

  1. 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. 2. 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.
  3. 3. The “in and ouT” of eViCTionS Your rights as a Tenant Brought to you by Niagara North Community Legal Assistance Presented by – Chris Woodall, Paralegal/Community Legal Worker
  4. 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. 5. 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?
  6. 6. 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
  7. 7. 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
  8. 8. 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
  9. 9. Legal reasons for eviction: o Didn’t pay/late pay rent o Disturb neighbours o Illegal business (usually drug- related) o Landlord/buyer wants to live there o 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
  10. 10. “Popular” Notices 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 Common to all: Check the termination date; Exact reasons only Brought to you by Niagara North Community Legal Assistance
  11. 11. 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 Common to all: Check termination date; Exact reasons only Brought to you by Niagara North Community Legal Assistance
  12. 12. 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) Common to all: Check termination date; Exact reasons only Brought to you by Niagara North Community Legal Assistance
  13. 13. Now you are served Decision time: stay or go STAY = FIGHT oFIX the PROBLEM oIgnore notice, force LL to file at L&T, $170 fee to you if you lose oGather evidence oCall legal clinic for advice GO (maybe fight) oFollow termination date on notice; oOR negotiate with LL when leave oOR fight with Tenant application (eg maintenance, harassment) Brought to you by Niagara North Community Legal
  14. 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. 15. The Hearing o 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 later Brought to you by Niagara North Community Legal Assistance
  16. 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. 17. 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 What’s next? Brought to you by Niagara North Community Legal Assistance
  18. 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
  19. 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 arrearsBrought to you by Niagara North Community Legal
  20. 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. 21. HAPPY CASTLE HUNTING! Brought to you by Niagara North Community Legal Assistance EVICTIONS
  22. 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

×