A London, Ont., family bought this triplex. Some tenants refuse to leave, but that's not unusual
Even though tenants received N12 notice to vacate, they're within rights to stay for now, paralegal says
As the backlog of cases at Ontario's Landlord and Tenant Board continues to grow, so does the friction between landlords and tenants.
This summer, two sisters and their husbands purchased a triplex in London, Ont., with plans to convert it into two units so the two families could live under one roof on Baker Street in Old South. But three men who live in one of the two-bedroom units say they're not moving out until the Landlord and Tenant Board (LTB) orders them to, and they're within their legal rights to do so.
They're supposed to be gone.- James Lyndon, first-time homeowner, of the tenants
"We have not been able to find another place to rent," said tenant Chris MacPhail, who, along with his two roommates, was served an N12 notice this fall with a termination date of Nov. 30.
An N12 is a form a landlord is required to issue to tenants under Ontario's Residential and Tenancies Act when they intend to have either themselves or a relative move into a rental unit.
"I'm looking at a place every other day," said MacPhail. Before they received the N12, he and his roommates paid $1,000 a month for their two-bedroom unit, well below market value.
Contractor and first-time homeowner James Lyndon was hopeful all the tenants at 453 Baker St. would move out, as promised verbally during the sale by the previous owner.
Lyndon is keeping the lights on in the unit and heated for the three men, although Lyndon said he refuses to call them tenants as he waits for the tribunal to give his case a hearing date.
Lyndon has been renovating the house, just not inside the unit that is occupied.
The three roommates tried to pay rent for December, but Lyndon said he is not taking money from them.
"They're supposed to be gone."
Both MacPhail and Lyndon said the police have been at the house multiple times in recent days as the two sides clashed when Lyndon's crew began emptying out the basement into a garbage bin. They've also argued over heating and electricity, they said.
Five of the units' 10 outlets are operational, said Lyndon.
"We are doing what is established by the law," said Lyndon's sister-in-law and co-homeowner Irma Meteluch. "Whether it is efficient or not, we are following."
Meteluch and her husband sold their home of 12 years to get in on the Baker Street deal and didn't anticipate the current problems. The couple is renting a place while they wait to move into their new home.
"Unfortunately I cannot help these people," said Meteluch. "I am not of the financial wealth to cover the rent ... on top of a mortgage."
She wants the LTB to expedite cases where an N12 is involved, "since the person that purchased the property intends to live in it."
What are tenant's rights after receiving an N12?
The tenants are within their rights to stay in the unit until their case is heard before the tribunal, and that's clear on the N12 notice, said longtime paralegal Harry Fine.
"I'm shocked at how many landlords don't read it and they think somehow the tenants are trespassers after that date," said Fine.
However, Fine admitted, the wait times to get a hearing were never supposed to take the current five months. That timeframe can balloon if the LTB isn't satisfied with the landlord's application.
In a tight rental market, for a tenant, it makes sense to stay in a unit even after being served an N12 notice, said Fine.
"For a tenant that's lived some place for five years to then move out, it's not a lateral move anymore," he said. "They're going to have to pay 50 per cent more in rent and they say, 'My gosh. I'm not leaving until the board tells me I have to.'"
The LTB system is broken, said Fine. Even though the number of adjudicators is at an all-time high due to the COVID-19 pandemic, Fine said a backlog of cases is slowing everything down.
Plus new cases are always being added to the pile, said Fine.
"It's a self-perpetuating thing. If I can delay my eviction, I might as well not pay, and then that crowds up the system more.
"I have terrible sympathy for tenants who can't find a place that's affordable," said Fine. "But I have terrible sympathy for owners who thought that they had some control over their house and their own destiny.
"I think it's a terrible situation for everyone."
A spokesperson for Ontario Tribunals said the LTB has been working throughout pandemic to provide "timely and efficient dispute resolution services," by giving applicants the option to submit a Request to Shorten Time form and launching a new online case management system called the Tribunals Ontario Portal.
"Depending on the application type, new matters on average are now scheduled within three to four months," said the spokesperson.
"We don't want to be here anymore than this guy wants us to be here," said MacPhail.
"He bought a house with people in it, during a pandemic, during a housing crisis, during all the other things that are going on right now," he said.
"He should have been prepared for this."
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