Tenant advocates in Toronto are reporting an increase in instances where landlords are issuing eviction notices to tenants for non-payment of rent, even when the rent has been fully paid. Organizations such as ACORN and the Advocacy Centre for Tenants Ontario (ACTO) have observed a rise in baseless eviction applications, although specific figures have not been disclosed.
According to lawyer Marc Goldgrub, who represents multiple tenants, there is a call for Ontario’s Landlord and Tenant Board to take action against landlords who file unwarranted claims. Goldgrub highlighted the lack of consequences for landlords who subject tenants to unnecessary stress and financial burdens, emphasizing the need for accountability.
The motive behind landlords filing frivolous claims, as stated by Goldgrub, is to exploit a provincial regulation that allows them to set rent prices freely if a tenant vacates voluntarily. This loophole incentivizes landlords to serve false termination notices, hoping that tenants will either not attend hearings or be deterred by legal costs.
Douglas Kwan, the director of legal services for ACTO, pointed out that this loophole provides landlords with an opportunity to pressure tenants into leaving, enabling them to re-rent units at higher rates. Kwan emphasized a growing trend of such practices and called for action to address the issue.
Sara Basso, a long-term resident of a low-rise building in Gloucester Street, shared her experience of receiving a meritless eviction application earlier this year. Despite the landlord’s claims of rent arrears, the case was dismissed by the LTB after evidence showed no rent increase notifications and confirmed rent payments by Basso.
Goldgrub and Kwan advocate for penalties against landlords abusing the system, citing the significant impact on tenants facing such situations. They highlighted the need for stricter enforcement of fines by the LTB to deter misconduct and protect tenants’ rights.
While some landlord groups deny widespread misuse of the eviction process, concerns persist among tenant advocates regarding the exploitation of regulations for personal gains. The debate underscores the importance of ensuring fair treatment for tenants and holding landlords accountable for their actions.