tag:blogger.com,1999:blog-6703393754400182307.post146595319097783336..comments2024-03-23T06:26:04.205-04:00Comments on Ontario Landlord and Tenant Law: Schizophrenia, Mental Health problems, Landlord and Tenant EvictionsMichael K. E. Thielehttp://www.blogger.com/profile/10247495615982921581noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-6703393754400182307.post-5780329221988464582019-07-28T09:04:29.834-04:002019-07-28T09:04:29.834-04:00
The duty to accommodate a person with a disabilit...<br />The duty to accommodate a person with a disability to the point of undue hardship does not mean that the landlord and the neighbours just have to accept the problematic behaviour. The duty to accommodate is not a licence for the disabled person to act as they wish. It is this reality that often leads to a termination and eviction at the LTB. If the tenant then does not have the resources to find other housing or access services or get into a shelter then it is indeed possible that they end up homeless. The situation can be quite dire and no one working in the system (adjudicators, lawyers, landlords, Board staff, mediators, etc.) believes the outcome to be satisfactory. The LTB process when it comes to dealing with persons lacking capacity is quite poor. Capacity is presumed even when it is clear that there are serious concerns. Aside from adjournments, etc., to try and create a fair proceeding, the LTB ultimately has no power to appoint a guardian and if no one steps forward they end up dealing with the person as presumptively capable. Right or wrong, this is what happens.<br /><br />I hope that this has been helpful to you and good luck in dealing with this very difficult situation.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-61171195196323032542019-07-28T09:04:20.998-04:002019-07-28T09:04:20.998-04:00Hi:
Thank you for your email. Your heartbreakin...Hi: <br />Thank you for your email. Your heartbreaking and tragic story is, unfortunately, not all that uncommon. You seem to be bearing the weight of this problem as you don't mention siblings or other family who could intervene and help. With that being the case, you ultimately will recognize that you can do only so much and that while your mother may be ill she retains her autonomy until such time as she is determined to lack capacity and in need of a guardian to make decisions etc.. There is a process for that. It involves a Court application. I'd recommend starting with the schizophrenia society and their resources (https://www.schizophrenia.on.ca/Get-Help/Services/Families) and then also look to the Public Guardian and Trustee ( https://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/guardinvestigation.html) . The links here you will need to cut and paste into your browser. <br /><br />There are, of course, a lot of resources, books, brochures, that speak to living with a mental health problem, dealing with family with mental health problems, etc., but finding a strategic road map to "action" and dealing later with the emotional elements can be difficult. As you clearly recognize, your mother's landlord and her neighbours are not going to be tolerant much longer and eviction will occur if something isn't done.<br /><br />As the PGT website (link above) indicates, that office isn't in a position to respond to urgent situations. Their investigation and work takes time. You have the ability to also seek court intervention (guardianship application), but the expense is significant and you will need to retain counsel to make this happen. The first step, I imagine, would be an Order requiring your mother to undergo a capacity assessment. In situations of urgency (immediate harm, self harm), the police can be called and your mother could be detained and hospitalized (against her will). Police forces in major urban centres have teams for mental health crisis events. It is worth a visit to your local police station to ask for help and see what resources they have.<br /><br />That is the best I can suggest in the context of this forum. If you have the resources, please do find an experienced lawyer who can assist. The subject area is Guardianship Applications, Substitute Decisions Act, Consent and Capacity, when searching for counsel.<br /><br />With respect to the Landlord and Tenant Board. The landlord may apply to evict your mother for any behaviours arising out of her disability. If those behaviours are grounds for termination (substantial interference, illegal act, impaired safety, etc.), then she could indeed be evicted. A landlord has a duty to accommodate a person with a disability to the point of undue hardship. Assuming a connection between the alleged behaviours and the schizophrenia the landlord will be expected to put some accommodation into place that allows your mother to continue her tenancy (if possible). In practical terms this is very difficult. Unless the person with the disability is able to cooperate and express their needs clearly, or the person's family is involved and creating a structure that allows a landlord to assist, the likely outcome is eviction. It is exceptionally difficult for a landlord to provide support to a person with mental health problems where that person isn't cooperating and there is no family. Things a landlord can do is to try to involve community supports, reach out to mental health crisis services, and see if there are tiggers or things happening in the building that if changed would eliminate the problem. But beyond that, it can be impossible to solve the issues.<br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-20065623065360359922019-07-26T11:15:26.201-04:002019-07-26T11:15:26.201-04:00Hi Michael, thank you so much for all this informa...Hi Michael, thank you so much for all this information. It's so difficult to know where to start when dealing with this kind of thing.<br /><br />My mother suffers from schizophrenia (as far as I can surmise, given that I was kept in the dark by my parents). She currently resides on her own and has recently behaved violently with her neighbours, and the frequency/severity of her violent acts is increasing. <br /><br />As far as I know, she has no social worker or any kind of care or support other than myself who she vehemently denies as her daughter. I keep in touch with her landlady, and pay her rent.<br /><br />Her landlord and other tenants are afraid of her and have pressed charges. In the event that she is evicted, what are the options for her? I don't believe she can rent another apartment as she is clearly unwell. What steps are available to me, to force her to get help, see a doctor,or take medication? She will never do it willingly. Can she be left homeless? Am I able to place her into a nursing home as a last resort if she will never willingly agree to be taken or even agree to see a doctor to be assessed?<br /><br />Thank you for your time and effort.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-57146083665174466292018-12-06T08:35:43.996-05:002018-12-06T08:35:43.996-05:00Hi: This is trickier than it might seem and the a...Hi: This is trickier than it might seem and the answer--in the abstract and theoretical--is easier to accept than it is to actually live your experience. The neighbour you have has a disability (as you indicate). Asking the landlord to warn other tenants that they might not want to move in because of a disabled tenant next door is highly problematic and I think--likely contravenes the Human Rights Code in almost every incidence that I can imagine. Hence the warning you wanted is likely a warning the landlord could not give. Of course, the warning you wanted also does not help the landlord get rental income so that is likely also a reason why nothing was said.<br /><br />That being said, I can imagine a circumstance where everyone acting in good faith and there being no discrimination that a landlord would say to a prospective tenant that there is a neighbour with disabilities that is being accommodated and under the Human Rights Code even other tenant's have a duty to accommodate. Would this work in practice?<br /><br />Ultimately, the landlord has a duty to provide you with quiet enjoyment. The obligation is not absolute for every moment of your tenancy. Simply, the landlord must take action to deal with disturbances and problems in the rental complex. If the landlord does this then the landlord has fulfilled its obligation to you even if you suffer some disturbance for a while.<br /><br />Withholding rent, and saying what you've said to the landlord is understandable but I think you might end up on the wrong side of an Order if this went to the Board. Deciding to unilaterally move out will not terminate your lease obligations and if the landlord chooses it can pursue you for lost rent etc.. <br /><br />Michael K. E. Thiele<br />www.otttawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-18479241402999249012018-09-02T23:50:16.529-04:002018-09-02T23:50:16.529-04:00Hi. I moved to a new apartment 6 weeks ago. From d...Hi. I moved to a new apartment 6 weeks ago. From day first I noticed that the tenant living below us has a mental issue since he was shouting, screaming and cursing loudly no matter what time of the day. We even experienced waking up at 2 am or 5 am because he started shouting. This is very inconvenient. But what mostly makes me upset is that the rental people did not tell me this issue before so that I could have the choice to move in or not. They told me they had an agreement with the tenant to move out but then they refused. So they are going to court on September 4. Do you expect them to be evicted after this court since they already had an agreement meaning that the rental and tenant have been working on the issue but no luck yet? Also, if the court does not issue the eviction order, what can I do as a tenant who was not told about this issue before signing the lease? I just threaten them that I won't be paying the rent till the issue is resolved or I will move out. Thank you in advance.<br />P.S: He is shouting right now at 11:50 pm and the way he does that really makes me nervous. I even started having nightmare that someone is breaking into my apartment and wants to hurt me!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-42098964357754388592015-11-22T13:57:27.687-05:002015-11-22T13:57:27.687-05:00Hi: Suffering from health problems is not general...Hi: Suffering from health problems is not generally a basis for termination of a tenancy under the Residential Tenancies Act. It is not clear to me, from your question, whether your significant other wishes to terminate the lease as well. If you are able to speak with your S/O advise her that you are wanting to move out and that she should find a roommate or someone to replace you. If she too wants to move out then together you can try to find someone to assign the balance of the lease to. <br /><br />Trying to balance living circumstances with healthful relationships can be difficult. There are situations of domestic violence, mental health, bullying, and other problems that make continued occupancy or fulfillment of the terms of a lease very difficult for a tenant. The hardship caused in fulfilling the lease may be entirely disproportionate to the actual consequences of simply terminating the tenancy and moving out. While I certainly maintain the position that contractual arrangements should be honoured and leases should be dealt with in accordance with the law, one can't forget that the law also provides a set of rules and obligations for what happens when a tenant unilaterally terminates a lease in the midst of a fixed term or even on a month to month. Sometimes life's circumstances are such that you need to take certain steps and bear the consequences of those steps. When those consequences are less onerous or burdensome than fulfilling the contractual relationship then it is worth considering breaching.<br /><br />I don't know what you mean when you say "more and more unhealthy" but I am going to assume that what you are describing is quite serious. In that context you do have options and help can be found to solve your problem. I highly recommend that you go and speak with a lawyer and put all the details on the table that will allow the lawyer to help you determine what your reasonable range of options are in the circumstances.<br /><br />Good luck<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.com Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-81020802277396758272015-11-17T08:32:08.086-05:002015-11-17T08:32:08.086-05:00Hello, I currently live with my significant other ...Hello, I currently live with my significant other and am attending university. Yet for months now I've been finding it harder and harder to cope with my own mental health and anxiety issues along with our relationship. We are locked into a one year lease but I have been finding living with her more and more unhealthy. Is this grounds for breaking my lease and moving out without providing 60 days notice? Or am I locked into the one year term for good essentially?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-87863628683283468942015-07-15T09:15:45.772-04:002015-07-15T09:15:45.772-04:00HI: Unfortunately the question you are asking has...HI: Unfortunately the question you are asking has a few different answers with a lot of "it depends". The most important factor is whether you have a single tenancy with the landlord or whether there are multiple tenancies within the one rental unit. It is possible for both to exist. If there are multiple tenancies within the rental unit then it is possible for your roommate to replace herself in the unit by subletting or assigning. If there is only one tenancy then this is not really possible.<br /><br />The issue becomes, if there is a single tenancy, whether your roommate can terminate the entire tenancy (of all of you). Given that she wants to move, and presuming a single tenancy, how can she deal with her legal obligation in relation to the lease. What she is doing is very odd as one would expect consultation and agreement amongst the co-tenants. However, it "works" if everyone is satisfied in proceeding this way.<br /><br />With respect to notice from your roommate. Unless you have a roommate agreement, there is no legal notice period required to be given amongst co-tenants. The 60 notice that you are referring to is the minimum notice that tenants must give to a landlord to terminate a lease.<br /><br />Good luck<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-48378677211418630382015-07-13T15:56:53.506-04:002015-07-13T15:56:53.506-04:00Hi. My roommate has decided to move out at the end...Hi. My roommate has decided to move out at the end of the month and just told us today, she also informed us she has found someone to take over her lease and has already got the paperwork. Can she force this person in our home without our consent? And can she leave still leave without giving us 60 days notice?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-3974127979930780262015-03-11T15:59:58.140-04:002015-03-11T15:59:58.140-04:00This comment has been removed by a blog administrator.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-50408371217060652112014-10-21T14:39:28.130-04:002014-10-21T14:39:28.130-04:00Hi Kirsten:
Please review this section from the O...Hi Kirsten:<br /><br />Please review this section from the Ontario Human Rights Code:<br /><br />(2) Every person who occupies accommodation has a right to freedom from harassment by the landlord or agent of the landlord or by an occupant of the same building because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance. R.S.O. 1990, c. H.19, s. 2 (2); 1999, c. 6, s. 28 (3); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (3); 2012, c. 7, s. 2 (2).<br /><br />Once you have reviewed this section, I think you will see that what you are thinking about amounts to a direct violation of the Ontario Human Rights Code. <br /><br />That being said, take a look at this link http://www.ohrc.on.ca/en/policy-preventing-discrimination-based-mental-health-disabilities-and-addictions-summary-fact-sheet . It is from the Ontario Human Rights Commission website. There are a number of resources on the site that help explain your obligation as a landlord in making rental decisions. Simply rejecting a person because they have schizophrenia is not ever going to be acceptable.<br /><br />Please do take a look at the Human Rights Commission materials. They provide a nuanced view of the various circumstances surrounding a landlord's obligation in the rental process.<br /><br />Michael K. E. ThieleMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-71984902440764644602014-10-21T13:19:01.358-04:002014-10-21T13:19:01.358-04:00I have a house with two units (main floor and base...I have a house with two units (main floor and basement). The main floor is rented to a single mother with three young children. We are seeking a tenant for the basement, and someone with schizophrenia has applied. I have had personal experiences with someone with schizophrenia who went off their meds and put my children in danger, so I am very nervous about renting to this individual who has applied. Am I obligated to rent to him in spite of my concerns for the safety of the family upstairs?Kirstennoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-13313240437575915142014-05-18T07:08:51.392-04:002014-05-18T07:08:51.392-04:00Hi Denis: The thing to do is to document the prob...Hi Denis: The thing to do is to document the problems that you have (who, what, where, why, when, how) and send emails to your landlord complaining and asking him/her/it to take action. When nothing happens fill out an application to the Landlord and Tenant Board in Form T2--you can ask for a rent abatement, etc.. <br /><br />Your desired approach--refusing to pay rent--is not an "officially sanctioned" method of proceeding under the RTA. Some adjudicators get little testy about this self help remedy. There is some interesting case law about when a tenant is entitled to withhold rent but that's an academic debate. in my experience withholding the rent is a problem for many tenants because they end up spending the money and ultimately they are at risk of eviction when the Board orders them to pay it. However, if you have the self control to save it or the income to easily pay it then withholding the rent can get a lot of attention quite quickly. The landlord will likely become obsessed about your non-payment, serve you with an N4 (Notice of Termination for Non-Payment of Rent) and when you still don't pay file an L1 Application to the Board to Terminate and Evict you for Non-Payment of Rent which will add an additional $170 to your bill (application fee to the Board). While the landlord is doing this you should write repeatedly and clearly to him/her/it that you are not paying rent while they refuse to deal with the disturbing tenant. Provide the same details and information again, and again, and again to the Landlord. When your non-payment of rent case gets to hearing you are permitted to argue for a rent abatement or any other kind of remedy because of the situation with your neighbour (just like the T2 application I suggested above you file) except you do not have to file an application to argue the issues. You do need to have solid evidence though to prove your case. If your case is well founded, the Board will grant you a remedy of some sort and also grant the landlord a remedy for the non-payment of rent (presumably a reduced amount of rent owing due to your win). Regardless of how it shakes out, you will always have the opportunity to pay the rent owing plus the $170 and maintain your tenancy. Termination and eviction can be avoided by paying--though for many people in your position it will feel like you're playing with fire. Also, there are enough adjudicators who will take the opportunity to chastise you for this self help remedy.<br /><br />Why withhold rent then? Because it gets attention from the landlord and if you say very loudly and clearly why you are doing it and that you will defend the application on the basis of non-action to your complaints and that you will seek a significant rent abatement, fine, order that the landlord address your concerns, then perhaps the landlord will think twice about simply proceeding against you for non-payment of rent. In short, it brings all of the issues to a head. That being said, withholding rent is frowned upon.<br /><br />Best of luck<br /><br />Michael K. E ThieleMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-31775544743097504302014-05-18T02:06:45.579-04:002014-05-18T02:06:45.579-04:00I am a tenant living above a tenant with mental he...I am a tenant living above a tenant with mental health issues. For the past 6 months I have had to put up with loud noises at night and people coming into my place have been harassed at the door. But in the past month she has been banging on wall and yelling all night long, I have gone into work over 10 times with no sleep. The landlord wont do anything and neither will the cops. As a tenant what are my rights? Can I refuse to pay rent?Anonymoushttps://www.blogger.com/profile/02366231551583416092noreply@blogger.com