London, Ont., landlord fears over $26K lost forever in long wait for tenant eviction hearing
CBC
A landlord in London, Ont., says she and her husband have lost thousands of dollars due to delays in getting a Landlord and Tenant Board (LTB) hearing to evict a tenant who was given notice to leave months ago so her daughter could move in to care for her.
"Whatever this system is with the LTB, it's broken. It's like they don't care that we're losing our income and rental income because of a medical issue," said Sue Holme.
Holme said she and her husband have lost a collective $16,000 in income, as well as $9,200 in unpaid rent she fears she'll never recover and paralegal costs.
Holme said the problems began in June 2023 when she gave the tenant an N12 to leave the main floor of her east London triplex by the end of September, and he hasn't paid rent since October. N12s are issued when a landlord or a family member will be moving into an occupied rental unit. LTB rules require at least 60 days' notice be given to a tenant given notice to move out.
Since she gave her tenant the N12, Holme, who lives in the lower floor of the triplex with her husband, has been trying to expedite an eviction hearing so the unit could be vacant before her double knee surgery. The plan was for her daughter to move into the unit and be her full-time caregiver.
Holme said she was told in December that an LTB hearing will be held this July and the tenant, who she says owes her $9,200 in rent, recently gave a move-out date of end of this month.
She believes the reason her hearing is taking this long is the LTB didn't acknowledge receiving orders from her paralegal — including documentation from Holme's surgeon — to expedite the process.
"So because they refused to acknowledge the form for my daughter to move in at all, my husband had to take three weeks off work to take care of me," said Holme, who underwent surgery last month. "I am a self-employed contract worker so I don't get paid if I don't work.
"With the tenant not paying the rent, I've also lost mine and my husband's salary simply because they're not acknowledging that I had surgery. It's caused me a lot of stress and grief."
Holme said the tenant was paying partial rent for six months before October, but he completely stopped paying when she served him the N12 to vacate by Sept. 30.
As well as giving 60 days' notice, the landlord must compensate the tenant for one month's rent, which Holme said would have come from any rent money owed to her.
CBC News has seen the documents Holme and her paralegal submitted to the LTB.
The tenant hasn't responded to requests for comment to the tenant.
CBC News also sent an email to the LTB requesting answers to various questions about Holme's case, including what their criteria is to speed up the hearing process. LTB said it will provide a response sometime Wednesday.
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