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Upcoming Tribunal Hearing - Questions 

Posts: 1

Posted On: 9/26/2014
Posts: 1
HI all,

I have a hearing on the 2nd of October (next week).
Just to mention , reside in province of Ontario .
The back-story which I believe is very crucial in our circumstance.
Our landlord was my husband’s employer for 18 years. For the past 9 years my husband’s employer has also been our landlord with two rental units. The first property he sold and purchased the current property which we are renting.
This past winter the employer of my husband left my husband high and dry with no employment and we had no income to pay rent. Our son (19) was receiving social assistance and it was managed where the landlord would receive almost half of the rent directly. In the months I was eligible for ODSP financial support, they sent direct payments to landlord as well. We owe money for the in between months.
Throughout the winter when this was all happening my husband spoke with the landlord/his employer and made reference to the rent to which the landlord stated “I didn’t ask for it, don’t worry”.
During last winter, between months of October to March/April, we had an average of 3-5 weeks of heat (which is included in rent). Thankfully family and friends were able to help us so we got a couple heaters to stay warm as we have an infant in our home too. The landlord was quite aware as we made many efforts to contact him saying we have no heat. We stopped as we got the heaters.
Now, my husband has found other work (in mid May), and we were looking to move but the costs of rent nowadays is a bit crazy.
Fast forward to August 25th/26th and our landlord drops by and says “I didn’t want anybody else coming but I have to give 60 days notice”. Two days later, I filed with Landlord and Tenant Tribunal about maintenance issues with our landlord primarily focusing on no heat. There is mold. There are other issues too all documented with photos and SOME of the emails and texts we sent asking for these things to be fixed.
On the 30th of August, while we were out, our landlord dropped off a N12 form which was filled out by his mother (the sometimes co-landlord). She in the N12 form says her son (our landlord, my husband’s former employer) is going to be moving in here.
I have no way of proving or disproving but the fact is ; This house, in basement, there is a cosy 2 bedroom with own kitchen etc that he has used for furniture etc but never actually slept or used. Secondly, he has another property where he usually sleeps. Thirdly, he has a home he shares with his wife too. So the n12 seems a little bogus but I have no way of proving this…
I have some letters from people (our local pastor, our doctor, friends) who witnessed our circumstance last winter with no heat. I contacted the fuel company (oil heating) to see if they would verify their phone conversations with our landlord . (Basically they contacted him saying no heat and there is baby here and he did not agree to bring heat).
This past weekend, he entered the premises (he has done this before too) without notice (24 hours) to quickly go down to his cosy 2 bedroom… for literally, a minute.
This past week he had delivered by fuel company a FULL tank full of oil which is very odd for him as years prior, he would bring “jerry cans” so we cannot help but question if he is aware of the severity of the fact we went last winter without heat …. Although admittedly year before we went without heat periodically but we did not care too much as we did not have a baby in household.
There is more to this all (our whole relationship with him being landlord and us being tenants and his inadequacy as a landlord), but I am just providing a small bit of it all.

1) Do I bring up on the 2nd of October his other accommodations and the fact I think the N12 form is a little bogus?
2) Should I request additional time as I came across an article by Ottawa lawyer who in article suggested this can be done, asking for extension as my daughter (17) is entering “melt down” mode knowing we may HAVE to move out mid semester and she is on her final 5 credits to receive high school diploma?
3) I have asked for rent abatement… when filling the forms out it was there, and a friend suggested I should so I did – Now they will claim they have no money, but I know (again, no proof) this family (mother and son duo) is all about the money… so how would I deal with this?
4) The fact he has entered the house (not a separate entrance and his cosy 2 bedroom is basically storage for him) – should I bring this up and the fact we did not receive 24 hours notice? His entry point is backdoor near our kitchen
5) Would anybody have any idea/speculations why the landlord would not claim rent owing as he was not receiving FULL rent monthly and instead went with N12 form?
Posts: 4081

Posted On: 10/1/2014
Posts: 4081
Hello Starburst,

Thanks for sharing your situation with us. I understand that this process is very difficult.

1 & 2) Is your hearing with the Landlord and Tenant Board because you are challenging the eviction notice (N12 form) or because of your heating issues? If you could clarify, it would help us provide more appropriate resources and information.

3) You may want to get legal assistance to help you answer this question, if you have not done so already. If you qualify for Duty Counsel, you can get their help at the Landlord and Tenant Board if you arrive at least 30 mintues before your hearing. You may also be able to get help from a legal clinic or The Advocacy Centre for Tenants Ontario (ACTO).

4) It is illegal for your landlord to enter your home without notice, except for certain situations.
You may want to get legal help and read this information from the Landlord and Tenant Board has information about hearings. It may help you decide whether to raise the issue of illegal entry during your hearing, and at which point during the procedure you may want to do so.

5) We cannot speculate why, but some of our users may want to share their own situations.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

Your Settlement.Org Team