Thread by @areacode416

Here's a rental eviction story a friend of mine is letting me share, from the N12 notice (family member) to the recently concluded LTB hearing. So grab a ☕️, sit back 🪑, and read this 🧵 to see the outcome. /1

July 2020 - "I texted him at 9:30am asking about cockroaches I had seen in the apartment in the last few weeks.. he replied a few hours later asking me if the type and let me know his mom would be moving in.. all in the same message with the 🙏at the end. Next day sent N12." /2

He'd lived there 9 YEARS.

"I had a feeling it was bullshit but really what could I do with no proof.. I was tempted to stay and wait for it to get tied up in the LTB, some part of me believed it was possible he was being truthful."

I bet so many tenants feel this same way. /3

Sep 2020 - Moved out

Nov 2020 - His girlfriend saw a sign and they called (and recorded the convo). It was the same upper floor apartment, for $500 more. "Had another friend text the number for pictures to confirm once again the same unit." /4

"At the time I felt like fighting it and staying indefinitely, never knowing when I would have to leave and when my hearing date would be and how soon an eviction could be forced after a hearing, I just thought it sounded like more stress and maybe he was telling the truth." /5

Aug 2021 - Submitted the LTB Form T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith

Forms can be found here, and it costs $53 to file. /6
tribunalsontario.ca/ltb/forms/

He was unsure if he should get legal help, and asked for "The difference in rent, some suffering from stress, possible rent abatement as the cockroach problem was never even touched by the landlord, moving expenses, application fee."

All sound reasonable to me. /7

And he checked off the optional box where you can request a fine to the landlord. ☑️

It took 8 months from submission to the hearing date. /8

April 2022 - hearing date

He presented a 20 page PDF of evidence (roach photos, texts with landlord, ads, etc.). "The landlord was unable to rebut any of it sufficiently." /9

Jul 2022 - hearing decision

"Today I received the hearing results and I am happy to say they decided he owes me 12 months difference in rent, moving costs, an application fee, compensation for pain and suffering as well as a fine to the LTB for blatant disregard of the act." /10

The penalties the landlord is on the hook for?

"$8400 in rent difference, about $700 in moving costs, and $2000 in pain and suffering. The LTB ordered a $1000 fine also, which seems somewhat insignificant." /11

💯AGREED on the insignificant. As my friend put it, "The $25,000 - $50,000 penalties they speak of in these bills is largely theatre."

How much more blatant a case do you need to get a fine over $1,000? Seems like a slap on the wrist to me. /12

I think bad landlords are playing the odds bc only a small fraction of tenants will go through the time and hassle to take it this far. And the extra rent this guy's getting pays it off in < 2 years. /13

My friend heard that "The majority of T5 LTB orders are $5,000-$10,000 and they usually will not fine the landlord beyond the difference in rent and moving costs." So if $10K is your worst case scenario, the expected earnings say "Go for it, shady landlord." /14

That's not the end of it. "Actually collecting will be a different story and that part of the journey has just begun." The landlord just emailed him suggesting he pays it down $200/mo (while he's getting $500/mo more for the unit) That pace would take 4-5 years.🙄/15

Anyway, power to my friend for actually going through with the hassles and holding this guy accountable. 💪

But until the LTB starts being WAY more punitive in the fines this is a great example of why we sadly see so many bad faith N12 & N13 evictions. 🙁 /16