British Expats - Greedy landlords

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Greedy landlords

Hi, I understand I may need to speak to a lawyer but I thought I should do some information finding for myself first.

My family and I rented a house for $1,900 per month from June 2018 until the 30th of June 2019. The landlord visited and informed us that his daughter would be moving in following the birth of her baby in June. We understood this and without qualms, found another place but the rent is significantly higher, $2200 per month.

We moved on the 30th of June only to be told by a former Neigbour that they observed different people coming to view the property barely a week after we left. By the 18th of July a new family had moved in and again our old Neigbour informed us about it. His description of the family did not match the daughter of the landlord so we knew we had been scammed.

Today I went for myself to see and speak to the new occupants who informed that the house was not advertised online but by word of mouth. The rent they are currently paying is $2,200 per month. This leads me to believe the landlord intended to raise the rent by more than the percentage advised therefore he asked us to move to get new tenants who will pay higher.

Now my questions:
1) does anyone have experience of the landlord and tenant board of Ontario? Iâ€™m planning to complain about the landlords actions.

2) I do not have any paper evidence of the landlord asking us to move due to his family member moving in but I have an email where I asked for our deposit back due to the above eviction reason. There is no documented response from the landlord as he responded by calling as opposed to responding to emails or texts .............no evidence trail

I feel so emotional about this For a number of reasons. The stress of house hunting, going to a new school, making new friends etc. The emotional impact on us and having to pay rent higher than budgeted is all too much. It is the trickery involved in the process that also gets me upset. I feel like our intelligence..... ignorance in this case was played on

i would appreciate anyoneâ€™s expertise or experience on this matter please

Re: Greedy landlords

Get more info: http://www.sjto.gov.on.ca/documents/...ncy%20(EN).pdf

He should have given you notice in writing with the reason (under the Residential Tenancy act of Ontario - see above link)
Form N12 - Notice to Terminate the Tenancy at t he End of t he Term for Landlordâ€™ s or Purchaserâ€™s Own Use (note the compensation he should have offered you)

You will need to file: (opens in new tab, no download) http://www.sjto.gov.on.ca/documents/...uctions/T5.pdf
More info on how to fill out the form on the website: http://www.sjto.gov.on.ca/ltb/

Good luck :)

Re: Greedy landlords

Hi @ Siouxie, thanks Iâ€™m aware! But Iâ€™m just wondering if anyone has experienced something similar and is able to give advise on what helped their case etc

Re: Greedy landlords

I'm fairly certain you have some sort of case and should be due some sort of compensation.

Unfortunately this crap occurs in Ontario all the time and if a landlord asks you to move out they are usually bullshitting to try and get more rent because they are capped by rent control.

You need to always be cynical of your Landlord's motives in Ontario and pushing for what you can get at each opportunity. Take this time to brush up on the law and your rights as a tenant. You've learned a lesson and reminded the rest of us that we should be vigilant at all times.

Best of luck with the process. I think you're probably entitled to several months rent and moving costs.

Re: Greedy landlords

According to the Rental Fairness Act, 2017 (Legislation to amend the Residential Tenancies Act, 2006), if the landlord advertises, re-rents or demolishes/converts the unit within one year, she or he will be considered to have acted in bad faith unless they can prove otherwise, and could face a fine of up to $25,000

Interesting article: https://www.theglobeandmail.com/cana...g-tenants-out/

Re: Greedy landlords

You should definitely go to the Landlord and Tenant Board. I have attached the relevant sections from a document concerning Landlords requesting Tenants to move and the process that should be followed. I think the only aspect where you might have trouble is proving the bad faith bit - if, for example he truly believed that his daughter was going to move in and then there was a change in circumstances after you moved out then he could demonstrate that he gave notice in good faith. From what you said though that does not seem to have been the case. Looking at the compensation that you could be entitled to its definitely worth having the conversation with LTB. He should have used a specific form to notify you, if he didn't that is more on him than you though.

You mention getting your deposit back - I assume you mean the last month's rent here not an additional security deposit (which he is not permitted to hold in Ontario). You were entitled to that last month free if he asks you to leave for personal or family member occupancy.

Landlord gave notice in bad faith

A former tenant may file an application with the LTB under section 57 if the former tenant believes that:

the landlord gave a notice to a tenant under sections 48,49 or 50 in bad faith; and
the tenant moves out of the unit as a result of the landlord's notice or an application to the Board or an order by the Board based on such a notice; and
no person specified under the appropriate subsection has occupied the unit within a reasonable time after the tenant vacated the rental unit, or the landlord did not demolish, convert or repair or renovate the rental unit within a reasonable time after the tenant vacated the rental unit.

The LTB holds a hearing to consider the former tenant's application and all parties have an opportunity to attend and provide relevant evidence and submissions. It is the tenant, as the applicant, who must prove all three elements of the test set out above.

Remedies the LTB may award

If the tenant proves all three elements of the test set out above, the LTB may order the landlord to pay:

a specified sum to the tenant for all or any portion of any increased rent that the former tenant has incurred or will incur for a one-year period after vacating the rental unit;
reasonable out-of-pocket moving, storage and other like expenses that the former tenant has incurred or will incur;
an order for abatement of rent;
an administrative fine not exceeding the greater of $25,000 and the monetary jurisdiction of the Small Claims Court; or,
any other order that the LTB considers appropriate.