LANDLORD AND TENANT BOARD

Residential Tenancies Act

 

Landlord

  • Applications for eviction due to rent arrears, non-payment of rent and persistently late rent payments;
  • Collection of owed rent payments;
  • N12 evictions for landlord or purchaser occupation;
  • N13 evictions for extensive renovations;
  • Rent increase, and applications for above-guideline rent increase;
  • Applications for eviction due to damage, interference, harassment, illegal acts, and overcrowding;
  • Applications for eviction for owner occupation (or family of owner);
  • Evicting a tenant for purchaser occupation (in real estate situations);
  • Tenant refusing entry for any reason (including real estate tours);
  • Tenant changing locks;
  • Unauthorized sublet or assignment;
  • Voluntary termination of the tenancy (Cash for Keys);
  • Review of an order by the LTB;
  • and many other situations facing landlords.

Tenant

  • Defence against eviction for any reason;
  • Defence against illegal rent increases;
  • Defence against illegal lease provisions and charges;
  • “No Pets” clauses;
  • Landlord restrictions on visitors;
  • Lease agreements not using the Ontario Standard Lease
  • Landlords charging more for a spouse, partner or child;
  • Landlord harassment;
  • Landlord not maintaining the outdoor and common areas;
  • Landlord failure to maintain and repair the rental unit;
  • Landlord failure to maintain, repair and replace appliances;
  • Infestation of pests, rats, insects, etc;
  • Subletting and assignment of the lease;
  • Ending the tenancy early;
  • Harassment, interference, abuse and improper conduct by the landlord;
  • and many more situations.

Dela Cruz Legal Services is proud to provide legal services to clients who are having an issue with either their landlord or their tenant.

We prepare and serve all necessary forms required to address your issue, follow up after any deadlines and, if necessary, represent you before the Landlord and Tenant Board.

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LTB CRITISMs

In May 2023, the Ontario Ombudsman released a scathing report about the backlog of hearings and up to two year delays for pseudo legal hearings at the Ontario Landlord Tenant Board.  “Tens of thousands of Ontarians have been denied fast, fair access to justice and suffered hardship because of “excruciatingly long” delays at the Landlord and Tenant Board,” stated Ombudsman Paul Dubé. The Ontario Landlord Tenant Board has also faced repeat accusations of favoring the interests of Landlords over those of Tenants. Digitization of hearings and other LTB proceedings has failed to alleviate backlog under the scandal-fuelled provincial leadership of Doug Ford, as evictions across Ontario reach historically high numbers and landlords and tenants still wait multiple months for hearings as of early 2024.

Other LTB criticisms:

1. Delayed Resolution: One common criticism is the significant backlog and delays in resolving disputes. Tenants and landlords may face prolonged waiting times for hearings, impacting their ability to address issues promptly.

2. Enforcement Challenges: Critics argue that the Board lacks sufficient enforcement powers, making it difficult to ensure compliance with its rulings. This limitation may diminish the effectiveness of the Board’s decisions and undermine the deterrent effect.

3. Perceived Bias: Some tenants feel that the Board tends to favor landlords, asserting that the balance in decision-making may be tilted against renters. This perception can erode trust in the fairness of the Board’s proceedings.

4. Complex Procedures: The legal processes involved in the Board’s hearings can be intricate and challenging for individuals without legal backgrounds to navigate. This complexity may disadvantage tenants, particularly those who cannot afford legal representation.

5. Limited Remedies: Critics argue that the remedies provided by the Board may be insufficient for certain issues faced by tenants. For example, the monetary compensation awarded may not always reflect the extent of a tenant’s inconvenience or hardship.

6. Inadequate Tenant Protection: Some argue that the Board’s procedures may not adequately protect tenants’ rights, leaving them vulnerable to unfair eviction practices or unaddressed maintenance concerns.

7. Insufficient Resources: The Board may face resource constraints, impacting its ability to efficiently handle a large number of cases. This limitation can contribute to delays and hinder the Board’s overall effectiveness.

8. Communication Challenges: Critics note that communication between the Board and parties involved may be unclear or insufficient, leading to misunderstandings and frustration for both landlords and tenants.

9. Limited Mediation Services: While the Board offers mediation services, critics contend that there is a need for expanded and more accessible mediation options to resolve disputes before they escalate to formal hearings.

10. Rent Control Concerns: Some argue that the Board’s approach to rent control and allowable rent increases may not adequately protect tenants from steep hikes, especially in high-demand housing markets.

These criticisms highlight various aspects of the Ontario Landlord and Tenant Board that have been subject to scrutiny, contributing to ongoing discussions about potential improvements and reforms.

www.Ombudsman.on retrieved on 2021-05-20 https://www.ombudsman.on.ca/resources/news/in-the-news/2023/%E2%80%98excruciating-delays%E2%80%99-at-ontario%E2%80%99s-landlord-and-tenant-board-ombudsman-report-(global-news), retrieved on 2021-05-20

www.Global News.ca retrieved on 2024-01-12 https://www.cbc.ca/news/canada/london/broken-system-favours-tenants-says-ontario-landlords-watch-1.5389170(global-news), retrieved on 2024-01-12