Description

Landlord provided N12 on May 1st 2019 with an eviction date of August 31sy 2019.
This was the same day a news article came out in the Globe and Mail detailing the loophole landlords use to evict a tenant using an N12.
He stated he wanted his daughter to move into the apartment I have been renting for over 18 years. I lived there before he owned the place and it's been filled with black mould and mildew for years that he has refused to properly clean and remediate.

Hearing was held on August 22nd, and to date (Jan 21st, 2020). LL provided an affidavit from his daughter and she also took the stand. She stated she only needed a place with a bed and would like to move in as soon as possible. It was stated his in-laws were moving into their home with him, his wife and other son and they were taking over two bedrooms because 1 has cancer and the other dementia. They live in a very large Georgian style home with at least 4 bedrooms.
I argued all the maintenance issues, the Rodent and mould problems and showed the Property Standards reports and pictures. Electrical needed to be done so that tenants didn't have to use extension cords to plug things into in order to offset the load, but the LL stated during the hearing that it would be easier to do the electrical with a vacant unit.
I had also asked, that if they couldn't stop the eviction at the very least I be provided with more time I was having an exceptionally hard time finding a new place to live and didn't want to be homeless. The Adjudicator outright asked me how long I felt it would take me to find a new place to live. I told her, even with being on the Social Housing Urgent Crisis wait list, it could take me up to 1 year to find a new place.

No decision or order has been made and the file is still active. I found a new place to live at the end of Nov. 2019 and moved on Jan. 2nd, despite giving a move out date of Jan. 15th, 2020 because the LL did not adhere to the request to not bother me until that time.

Update:  Adjudicator's Orders Received dated August 4th, 2020.

Despite showing the news article and lots of evidence in regards to the state of the unit and having Property Standards Orders for the LL to fix items, the Adjudicator deemed that these were not significant enough under section 83(3) to prevent my eviction, since it appeared as if he was doing the repairs and she deemed it regular maintenance.
However, I was given more time to find a new place to live given my physical disability, the fact I'm an ODSP recipient and because the area has been in a housing crisis. All of which I was able to show and prove with listings and responses back from other LLs who noted they were receiving over 100 responses to their ads.  I have a feeling, had it not been for Covid, this would have been received sometime in late March or April 2020, but I had already moved by that date.

I filed my own T6/T2 for those maintenance issues and interfering with reasonable enjoyment of unit. That hearing was suppose to be on Nov 7th, but time ran out for that day and it was rescheduled for Feb 21st. It was settled. The Adjudicator was a mean one and basically came across in such a way to force us to settle it, even though I didn't want to.

When I moved out, I ensured I had witnesses to my cleaning and additional issues that came up, and basically to show that the LL could not state that the property was not left in a clean condition. I took video of this too.

Because the LL started bothering my for the keys prior to the Jan 15th move out date, I was unable to arrange to take my old sofa out of the apartment. So, I gave the LL a Large item garbage pick up tag for it, in case he can't sell it or doesn't want it for his "daughter". I also ensured all other large items were tagged for pick up and that was caught on video so he can't say I didn't.

Update: My new residence lives in an area that is on the same bus route as Cedar street. I've been keeping an eye on the progress of the "repairs" since I moved out.  As of the end of November, his daughter has not moved into the apartment, the electrical has not been completed, and neither has the foundation by the looks of it. All other items on that list he was given that needed to be done have also not been done. In fact, the unit is sitting in an unlivable state as the electrical has been removed and outlets have empty boxes. The LL has also taken steps to make it so the tenant will pay for hydro in the future by adding 3 new hydro meters.

Additionally, the tenant in Unit#3 moved out not long after I did. That unit is also sitting unrented. I don't know why he moved.

I paid $528/month rent that was utilities inclusive when I received my N12 notice. I had lived there for 18.5 years.
When this LL is finished with his repairs, he can rent this same unit out now for at least $950 plus utilities.
If you rent from him, ensure you are giving him written notices of maintenance issue and make sure you put down a date that you expect them to be fixed by, otherwise you will run into the same issues I have had.
Also, the pipes freeze yearly when the temps fall below -18 degrees outside and the winds come from the north east.

N12 Type
  • Personal Use
Did the Tenant Contest the N12?
  • Yes
Did the Tenant Leave?
  • LTB Ordered Eviction
Eviction Date
  • 2020-01-02
Location

82 Cedar Street, Belleville, Ontario, Canada

Contact previous tenants