Tenant advocates in Toronto have noticed an uptick in cases where landlords are serving eviction notices to tenants for alleged 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 reported an increase in unwarranted eviction applications, although specific figures 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 file baseless claims. Goldgrub highlighted the lack of repercussions for landlords who subject tenants to unnecessary stress and financial burdens through these actions, emphasizing the significant costs incurred by tenants in defending themselves.
The rationale behind landlords filing unjustified claims, as suggested by Goldgrub, is to exploit a provincial loophole that allows for rent increases beyond the annual limit if a tenant vacates voluntarily. This loophole is seen as a tactic for landlords to pressure tenants into leaving, enabling them to set rents at higher rates.
Douglas Kwan, the director of legal services at ACTO, echoed concerns about landlords abusing this loophole, emphasizing the trend of serving groundless termination notices to tenants in hopes of compelling them to vacate, ultimately enabling landlords to dictate rental rates freely.
Individuals like Sara Basso have experienced firsthand the distress caused by meritless eviction attempts. Basso recounted a situation where she was falsely accused of rent arrears, only for the landlord to retract the eviction application following evidence presented by Goldgrub proving her payments were up-to-date.
Goldgrub and Kwan have advocated for penalties against landlords misusing the eviction process, pointing out the inadequacy of the current system in holding landlords accountable for their actions. They emphasized the disparity in consequences faced by tenants versus landlords in such cases.
Despite these concerns, some landlord groups refute claims of widespread misuse of the eviction process. Representatives from organizations like Rental Housing Canada and the Federation of Rental-Housing Providers of Ontario maintain that professional landlords adhere to regulations and prioritize open communication with tenants.
While the issue of landlords abusing eviction procedures persists, calls for stricter penalties and enforcement mechanisms remain contentious within the rental housing sector. The effectiveness of existing administrative fees in deterring wrongful behavior is a point of debate, with divergent opinions on the need for a crackdown on landlords engaging in unethical practices.