Tenant advocates in Toronto are noticing an increase in the number of landlords issuing eviction notices to tenants for non-payment of rent, even when the rent has been fully paid. Groups like ACORN and the Advocacy Centre for Tenants Ontario (ACTO) have reported a rise in baseless eviction applications, although specific statistics were not provided.
According to lawyer Marc Goldgrub, who represents multiple tenants, there is a call for the Landlord and Tenant Board in Ontario to take action against landlords who submit frivolous eviction claims. Goldgrub emphasized the lack of repercussions for landlords in such cases, causing financial strain and distress for tenants.
Goldgrub suggested that landlords resort to filing unwarranted claims in hopes that tenants will either skip their hearing at the LTB or be deterred by the legal complexities and costs associated with contesting eviction applications. This tactic takes advantage of a provincial rule that limits annual rent increases to 2.5 percent for most cases, but allows landlords to raise rent as they wish if a tenant leaves voluntarily.
Director of legal services for ACTO, Douglas Kwan, highlighted a loophole in the system that some landlords exploit by serving tenants with groundless termination notices, aiming to pressure them into vacating their units. This strategy, which Kwan described as increasingly common, targets tenants who might surrender due to the stress and uncertainty surrounding the eviction process.
The situation was exemplified by Sara Basso, a long-term resident of a building near Yonge and Wellesley streets, who faced an unjust eviction notice alleging rent arrears she had actually paid. Basso’s eviction application was withdrawn after evidence proved the baseless nature of the claim, following a challenging and costly legal battle.
Both Goldgrub and Kwan advocated for consequences for landlords misusing the eviction process, emphasizing the detrimental impact on tenants. They pointed out the authority of the LTB to impose fines up to $35,000 per application, a measure seldom enforced. The shift to virtual LTB hearings during the pandemic was noted to have exacerbated the issue, making it harder to distinguish between valid and vexatious claims.
In response, landlord groups refuted claims of widespread abuse, underscoring the importance of landlords adhering to regulations to maintain their credibility. While acknowledging potential isolated incidents, they downplayed the prevalence of such practices and emphasized the necessity of transparent communication to resolve disputes.
The debate over imposing stricter penalties on landlords was met with resistance from some, who argued that the current system’s administrative fees effectively address misconduct. They contended that a crackdown on landlords was unnecessary, suggesting that the focus should also be on ensuring tenants uphold honesty in legal proceedings.
