SMALL LANDLORD, BIG PROBLEMS
SIDESTEPPING THE CURRENT LTB DELAYS Advice for landlords caught in the eviction process BY
DAVID LYMAN, DICKIE & LYMAN, LAWYERS LLP
T
he Landlord and Tenant Board (LTB) has re-opened—at least for now—which means Ontario landlords can apply for eviction orders. A landlord may need eviction orders to give vacant possession on the closing of a property sale, to ensure that a tenant who lives there pays their rent, or to stop a tenant from interfering with the reasonable enjoyment of other tenants or neighbours.
But what is the current time delay at the LTB? The current time delay for an ordinary application for termination, filed today, could be months. In other words, landlords might be waiting six or eight months before a hearing. That is dramatically slower than the processing times in all other English-speaking provinces, and twice as slow as the processing time in Quebec. For some, that could be much too long to obtain possession to close a sale, or to wait while not receiving any rent. If the problem stems from noisy or unruly behaviour, months could feel like an eternity for neighbouring tenants or homeowners.
WHAT CAN LANDLORDS IN THIS SITUATION DO?
In some cases, landlords can improve their position by making a deal with the problem tenant. If that tenant complies with the deal, then the landlord will have vacant possession to close a sale for owner occupation, or to rent to a new tenant who can pay the rent without disturbing the neighbours.
WHAT IF THE TENANT DOES NOT RESPECT THE DEAL? ARE YOU THEN STUCK WITH THE SAME SIX OR EIGHTMONTH DELAY TO GET A HEARING?
If you have made the deal correctly, the answer is no. Otherwise, here are two potential situations:
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FAIR EXCHANGE | SEPTEMBER/OCTOBER 2020
