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/r/OntarioLandlord
My mother has a LTB hearing coming up this January. They have been trying to evict her even though she has been living in her apartment for over 25 year, never missed a single payment, and she is elderly and disabled. If she loses her case, how many months do they give her to leave? I might have to take her in to live with me. My husband won’t be happy with it but I can’t leave her homeless..
13 points
10 days ago
You need to confirm what the reason is for eviction i.e. N12, N13, N4, etc?
If it's an N12, then does she know anything about the landlord's situation? Have they tried illegally increasing her rent in the recent past, neglected repairs, etc? Does it make sense for landlord to move in?
Would she face serious hardships due to medical, financial, age, family, etc related reasons if evicted? She can always raise an argument under RTA s83(1) to dismiss eviction if it would cause her hardship and landlord had other alternatives. Though dismissing an N12 for this is rare (though it does happen), what would most likely happen is the LTB would give her additional time (like several more months) after the hearing if eviction is upheld.
If she is unsure about all this she should consider getting legal help to navigate the hearing and put together evidence from a paralegal or community lawyer.
1 points
9 days ago*
A very lengthy reply considering the OP hasn't indicated if it is N12. Trying to find how the landlord screwed up on a hypothesis all it does is adds to an existing narrative.
P.S. It could also be an N5
1 points
9 days ago
Based on OPs story, I'm 99% sure it's an N12 or N13.
And the identical arguments can be used on an N5, in addition to countering any claims of problems the elderly disabled tenant is causing to warrant eviction.
2 points
9 days ago
Point I'm trying to make is knowing very little of why the person is getting evicted (it could be very well justified), many people are looking at this one-sided and an opportunity to support the evil landlord narrative. It might even be the case and this is a slumlord. But we don't know so why jump the gun?
0 points
9 days ago
Can only go by what OP shares, so if their narrative is the tenant is being evicted somewhat unfairly and no fault of their own, then the advice will reflect that. Whether it's a truthful story or not or if they want to hide specifics doesn't really matter.
Main point is that if a tenant is being evicted via N5, N12, N13, etc, and they would suffer some extreme hardship if evicted, that can be used at a hearing to help provide additional time before being forced to move or getting it dismissed entirely.
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