Saturday, January 30, 2010
Tennants Association Evict the Landlord???
http://www.ontariotenants.ca/law/law.phtml
To have any rights you must first know what your rights are and then to stand up for those rights. It is a lot easier for tenants as a group to get information on their rights and share it, than for each individual to try to get that information separately. It is your legal right to be a member of a tenants' association and to organize one in your building. The landlord's company can face a fine of up to $100,000 under the Residential Tenancies Act, Section 238 if they harass you for being a member of an association, or interfere with you trying to organize one. Individuals such as the superintendent can face fines under this section as high as $25,000. If this happens you will want to contact the government's Investigation
and Enforcement Unit.
Here at 1010 Dundas St we have a tennants association with a lawyer. Will our tennants association and our lawyer be considering a multi tennant application to the landlord tennant tribunal to pay our rent in to the tribunal? We can also file with the landlord tennant tribunal a request to shorten the time for a hearing and they WILL definitely look favorable upon such an application with the notice from the Electrical Safety Authority. The investigational enforcement unit has received this notice from the Electrical Safety Authority and have recommended a multi tennant application of a T2 and T6 to the landlord tennant tribunal.
The landlord can evict you for the following grounds:
Nonpayment of rent on the day it is due. The landlord can give you a Notice of Termination, but it can not take effect until the 14th day after the notice is given, (or only 7 days if you pay your rent on a daily or weekly basis). This notice must include the fact that this termination can be avoided by paying the amount due before the date it is to take effect.
If you are a tenant in subsidized or public housing and provide false information on your income or the incomes of those living with you, or changes to those incomes as per Section 60;
If you do illegal acts or allow someone to do illegal acts on the grounds or anywhere in the building. Section 61 says this is the case if you commit such act. It does not state that it is necessary for you or the other person(s) to have been found guilty in a criminal court, so if this follows the protocols of the previous law then it is likely it only has to be proven to the satisfaction of an adjudicator of the Landlord and Tenant Board;
Section 62 on damage says if you, other residents of your unit or your guests wilfully or negligently causes undue damage to your apartment, the building or property you can be evicted. The notice of termination of your lease must state how you can remedy the situation and thereby prevent the eviction; Section 63 may also apply;
If you, other residents of your unit or your guest "substantially interferes" with the reasonable enjoyment of the building for other tenants as per Section 64 or in the case of a building with 3 units or less where the landlord also resides under Section 65;
If you, other residents of your unit or your guest impair the safety of any person in the residential complex as per Section 66;
If the number of persons occupying the rental unit on a continuing basis results in a contravention of health, safety or housing standards required by law, under Section 67, on overcrowding;
Animals can be a reason for eviction if the Landlord and Tenant Board is convinced that the tenant is keeping an animal and that the animal(s) is substantially interfering with the reasonable enjoyment of the premises, causes allergic reactions, or is inherently dangerous to safety.
There are other grounds for eviction, such as if the landlord personally needs the apartment to live in, if they are demolishing the building, converting the building (such as to a condominium) or doing such major repairs or renovations that they need your unit vacated. As unscrupulous landlords could falsely use these other situations as an excuse for eviction, contact your legal advisor or legal clinic immediately, and if you are certain they are in violation of the law the Investigation and Enforcement Unit, at 416-585-7214, or outside of the 416 calling area, toll free at 1-888-772-9277. See Sections 72 through 75 in Part V of the Residential Tenancies Act and it might be an idea to read all of this part of
the Act
If I do a criminal or illegal act the landlord has the right to evict me. WHO HAS THE RIGHT TO EVICT THE LANDLORD for committing their illegal acts and general negligence? If I interfere with the reasonable enjoyment of the property, the landlord has the right to evict me. WHO HAS THE RIGHT TO EVICT THE LANDLORD for interfering with the reasonable enjoyment of our homes without fear of losing power and heat as without power, our furnaces will not heat our homes. If I impair the safety of any person in the residential complex, the landlord has the right to evict me. WHO HAS THE RIGHT TO EVICT THE LANDLORD for impairing the safety of everyone who lives at 1010 Dundas?
Some landlords may ask tenants to sign an agreement for an increase in rent to replace faulty refrigerators or stoves. Remember that if your apartment came with these appliances, it is the landlord's responsibility to make sure you have working ones; the landlord does not have to provide you with new appliances, only working ones. So don't offer to pay extra for what is the landlord's responsibility to provide!
If the landlord has the responsibility to provide working appliances, should one not be able to infer that the landlord also has to supply SAFE and continuous supply of power to our homes?
If the landlord or their employee(s) are harassing or threatening me, what should I do?
A19: You should immediately contact the Investigation and Enforcement Unit (IEU) of the Ministry of Municipal Affairs and Housing (it is separate from the Landlord and Tenant Board) at 1-888-772-9277 or 416-585-7214, your lawyer or community legal clinic.
Please find attached a notice of intent from 2074359 Ontario Inc and also a notice from the Electrical Safety Authority. Both notices seem harassing and threatening to the residents of 1010 Dundas and as such are being sent into the Investigation and Enforcement Unit of the Ministry of Municipal Affairs and Housing. Please realize that we are dealing with elderly, emotionally mentally and physically impaired residents within the trailer park at 1010 Dundas.
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Way to go! Good to inform people of their rights and to ask these questions...questions that definitely need to be asked. Now if only you could get someone in charge to answer them. Bravo for keeping a complete file of paperwork going back and forth so anyone can follow from the start what has been happening to the residents of the trailer park.I am rooting for all of you and will be following this battle with much interest.
ReplyDeleteIt has just been discovered today that 2074359 Ontario Ltd is a non-operating corporation as listed within the Ontario Gazette in April 2009 the corporation was dissolved March 31, 2009. I will be curious what the Landlord and Tenant board has to say about whether or not I should be paying rent to a corporation that has been dissolved.
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