Tuesday, August 4, 2020

New Tenant Eviction Rules Cleared up for you


Landlords VS Tenants 




Harry Fine is a paralegal who works for both landlords and tenants and was a former adjudicator at the LTB, from 2001 to 2005. In a blog Fine wrote on the Act, he details the process for an ex parte eviction. The landlord must first serve the tenant a Form N4 Notice to End a Tenancy Early for Non-payment of Rent, file a Form L1 Application to Evict a Tenant for Non-payment of Rent with the LTB, fill out another LTB form, which becomes the repayment agreement, with the tenant and then wait to receive the consent order from the board on that agreement. If the tenant breaches the agreement, the landlord can then file an L4 application for eviction and does not have to serve notice to the tenant, nor have a hearing with the LTB. The tenant has 10 days to file a set aside motion, to appear before the LTB to address the breach. The tenant can also file a request to review the eviction order until 30 days post-eviction order.

“It is a change that may result in some evictions. But not every eviction is an unfair eviction and most of them for rent are warranted. And tenants have had their way with landlords since 2007 [with the passage of the Residential Tenancies Act]. And so there's some small return to balance,” Fine told Law Times.

https://www.lawtimesnews.com/practice-areas/real-estate/new-legislation-allows-for-eviction-orders-without-landlord-and-tenant-board-hearing/331954


The law seems rather clear.   There is an opportunity for the tenant to remain in the property with a negotiated documented settlement to repay the MISSED past Due Rent.   If there is a default (missed payment) on the settlement then the LANDLORD can apply for an order for Eviction.

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