Landlord and Tenant Board June 7, 2021
Attn: Karen Restoule, Associate Chair
Lynn Dicaire, Registrar
RE: Hearing Dates
This letter is to express concern over the scheduled hearing dates and who determines the hearing to be emergency or what can wait. Below is a recent scenario of events and case numbers that need to be explained and are wrong on so many levels. Case 1 – The tenant was served an N4 for non-payment, followed by an N5 for numerous complaints of behaviour and disturbing others in the building. These notices were filed with the LTB by our paralegal. The tenant felt threatened to be evicted, so she retaliated with a T2, hoping to avoid the correction of behavior and to blame the property manager/landlord for noncompliance of requests. The claims in the T2 are ridiculous, ie. Claim – Property manager refused to give me her last name. Truth – letters were place in her mailbox with this information asking her to correct behavior and advising to remove her items in her shared yard, prior to serving N5. Property management company and property manager’s name clearly stated. Claim – Property manager removed $3000 worth of my child’s toys in the yard. Truth – several letters were sent and text messages advising it was a shared yard, and she had to remove items and keep them in her unit. The items were a rusted swing set which she sold, a sandbox that she moved to her
balcony and some other old broken toys which she removed. We didn’t touch anything of hers on yard clean up. The claim – Property manager won’t let us have a garden. Truth- It is the landord’s right to refuse this, many times the tenant garden is neglected and attracts mice and bugs, which creates a whole new problem. Claim – Property manager has locked me out of building. Truth – tenant requested a lock on the main door of the building because she claimed to have been robbed twice. We installed a key pad and gave her the code. She won’t lock the main door and continues to leave it unlocked after she requested to have it installed. Claim –
property manager will not allow me access to areas in the building. Truth- there are no common areas that are accessible to tenant’s in the building. Furnace and utility room are not for tenant’s use and she wants to use them to store her items. She has a storage locker but her washer remains in the hallway after weeks and several requests to remove it for fire safety reasons. This tenant filed her complaint on May 21, 2021 and received a hearing date on July 6, 2021. How is this possible? Landlords have been suffering for over a year on non-payments. Waiting for hearing dates that tenants owe thousands of dollars, damages and unethical behaviour. Yet a multiple of lies and a tenant complaint is expedited to a hearing in less than 2 months.
For months I have participated in the LTB online zoom meetings for landlords and people of interest in the industry. If we are trying to correct matters and expedite hearings then we must have a system that is fair to all and not one sided in favour of tenants. Case 1 – N4s that were filed since December with no hearing dates set. The landlords have been bleeding all this time with no end in site. Landlord requests to expedite need to be seriously considered and awarded with a tenant owing more than $5000. The tenant made a choice not to pay their rent monthly and even with a payment plan the tenant will never intend to pay that much back to the landlord. All of this needs to be considered when you are reviewing hearings for expedition.
Tenant was served N4 in December 2020 and it was filed in LTB. Tenant now owes over $10,000 in past due rent. Hearing is June 17 th , 2021. How is the tenant ever going to pay this amount. This should have been expedited at no more than $5000. By the time she is evicted if it is granted this tenant will owe $11,600. Plus costs to the landlord. This case should have been expedited. Case 2 – Tenant owes $5900.00 in past due rent. We have visited the property many times. Garbage piled up and smells, broken front window that tenant admitted a drug user broke, broken front door. We posted a 24 hr. notice to enter on 3 different occasions and the tenant has
barricaded the door. The neighbors have complained of drug trafficking at all hours of the night and the tenants are addicts. CAS took the children. We issued an N4 and and N5 and filed both with the LTB as well as a request to expedite hearing based on damages and we received no answer. This property continues to be destroyed and continues to wreak havoc on the neighbours. Case 3 – An N12 was served March 1, 2021 for the tenant to vacate April 30,2021 due to a sale of the property. The tenant expressed he would not leave. New owner has been paying mortgage with no rent and all the utility bills, tenant is paying nothing to live there. The paralegal filed the N12 in April. After the vacate date the new owner requested an expedited hearing because he had given notice on his rental and was now living in his car since April 30 th . The LTB responded with a date of July 5 th . This hearing took over 2 months on an expedition and someone homeless living in their car. However, when the tenant files and based on tenant’s untrue allegations on her T2 she received a hearing date of less than 2 months. Where is this fair and right?
These are some of the reasons that landlords are frustrated with the LTB and continue to complain that the system doesn’t work. The province should pay the subsidy directly to the landlord and not allow the tenants to change it. This would solve so many problems on both ends. The LTB cannot continue to tell landlords to speak to the politicians. At some point the LTB must take responsibility to expedite what is truly important and get these unethical tenants dealt with in a much more timely manner for the benefit of everyone involved.