Steps to be taken in case of emergency issues (HEALTH AND SAFETY)
The Ontario Landlord and Tenant Board has issued a directive and created a motions process to allow the scheduling of eviction proceedings where there are serious issues arising in the context of "health and safety".
You can find the forms to ask for an urgent hearing on the LTB website, they are reproduced below. Please note the exceptional nature of the motion and how the burden to prove the need for an urgent hearing is very very high. The instructions form specifies the criteria.
One should also make note that the hearing process at the LTB will not get you an enforceable eviction Order (even if fully successful). If you do get an Order terminating and evicting a tenant that Order is effectively unenforceable until you bring a motion/application to a Superior Court Judge as the enforcement process is through the Court Enforcement Office. Whether that motion will result in immediate enforcement or not is not entirely clear to me at the moment. Some of the Divisional Court decisions in recent days seem to suggest that the enforceability will only arise when the Sheriff starts enforcing again. That being said, I wonder if given the Health and Safety nature of the Orders that the Court might not order/request the Sheriff to enforce the order notwithstanding the standstill on evictions (and then whether the sheriff would act with such a direction is another question).
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Hello
ReplyDeleteSorry to comment here, I couldn't figure out how to comment on an older blog post, I just have a question about "damage" being claimed by my landlord.
I gave a $250 deposit when I moved in 4 years ago (not realizing at the time that this was illegal) and the landlord is refusing to repay it. The claims are that the facing on of the kitchen cupboards is bubbling out (it's a very cheap cupboard that was placed directly above the sink, so the issue was caused by steam from hot water being used in the sink), something about the bathroom cupboard (I took pictures and video, I have no idea what damage she's talking about) as well as paint being scuffed and scraped off in two areas - where my bedframe was against the wall, and wear one of the chairs in my dining area scraped against the wall.
My uncle is a landlord and when I sent him the pictures and videos I took, he said all of it would, in his opinion, qualify as just wear and tear to be expected after nearly 4 years living in a place. What is my recourse to get my money back, especially with everything going on? Am I going to be stuck waiting months to take this to the Landlord Tenant Board? Am I going to be stuck going to Small Claims Court? Thanks for your help
Hi: The "damage" you are describing certainly sounds like ordinary wear and tear that the landlord is not entitled to charge you for. That being said, it is advisable for you to keep evidence of the condition of the premises and the quality of the finishings in the unit. Pictures and video are great. If you can be sure to take zoomed in AND zoomed out photos that is most helpful. If you can find name brands, models, etc., that would help identify the age of the items that too is helpful. I recommend keeping this evidence "safe" for at least two years after the end of your tenancy so that IF the landlord starts a claim against you then you have a defence.
DeleteIn your question you don't say whether you are still living in the unit or not. If you are still living there then the easiest way to get the money is to simply deduct it from the rent. You are recovering an illegal charge---which is what a damage deposit is (note that this is different than a last month's rent deposit which is legal).
If you are no longer in possession and are just looking for repayment of the damage deposit then the best you'll be able to do is apply to the LTB. It will take time--for sure. But in the face of an unwilling landlord you will need an Order and the LTB is the correct venue for this kind of claim.
Good luck
Michael K. E. Thiele