October 24, 2019

Interrupting Evictions: Comparing Provincial Landlord-Tenant Eviction Forms and Policies for Ground-Level and Government Interventions

In homelessness services we are often at the receiving end of individuals experiencing an eviction. Between March 2018 till March 2019 the Old Brewery Mission’s men services’ intake data from HIFIS indicated over 50% of individuals were evicted from their previous dwelling. Our understanding of eviction often still frames the issue and blame around the individual experiencing the eviction: we think about a person’s individual problems that lead them to being homeless rather than thinking about what legal tools could have prevented it. This works suggests a legal understanding of eviction to better support individuals experiencing it.

This research was focused on landlord-tenant policies in Quebec, Ontario and British Columbia. Through comparing policies across three provinces we can understand: A) how to make better use of these policies locally to prevent eviction, and B) what policies exist elsewhere, and in turn, what are the best eviction policies to advocate for with provincial governments. To create this comparative analysis thirteen tenant and homelessness advocates were interviewed in 2017 on their ground-level experiences with these policies. The results lead to the identification of four distinct eviction policy types across provinces: non-payment of rent/complaints, rent increases, renovictions/demovictions and repossession.

• Non-payment of rent/complaint: Non-payment of rent/complaint, is the most common way we think of someone being legally evicted from their home. Unable to pay the rent or conform to the rules of the building, the individual is formally evicted from their apartment. Previous understandings of eviction are often limited to this particular definition, particularly because it’s the only form of eviction that is sometimes administratively recorded in housing tribunals.

  • British Columbia: 
    • Short on rent? = tenant has a ten day notice to get out
    • A landlord can issue a one months notice if the tenant poses issues (i.e. is being destructive, regularly pays rent late, is a nuisance to other tenants)
  • Ontario: 
    • Rent is late? = tenant has 14 days to pay up. After this point = landlord can file with Landlord Tenant Board.
    • A landlord can evict the tenant for frequent late payments at the end of a lease
    • Notices and terms for eviction for damage or hinderance against the peaceful enjoyment of the dwelling= landlord must issue a notice minimum 20 days in advance of eviction date
  • Quebec: 
    • Landlords can file as of the second if rent is late, if the rent arrives before the hearing the tenant can stay
    • Frequent late payments are grounds for eviction
    • Any claim against the peaceful enjoyment of the dwelling can be grounds for eviction

 

• Rent Increases: Likely the most common form of displacement, tenant advocates spoke at length about the effect of rent increases on tenants. As self-evident as it may seem, when a tenant cannot afford the rent increase they must move out of their apartment.

British Columbia stands out as having a particularly important problem with fixed term leases. As advocates reported, many landlords employ fixed-term leases on tenants to bypass regular rent control laws. By not having a permanent lease, the tenant is forced to renegotiate the rent at the end of the short-term lease; if the landlord demands an increase in rent that the tenant cannot pay, they are indirectly evicted. 

  • British Columbia: 
    • Fixed term leases
    • Fixed annual increase rate (2.5% in 2019)
    • Above guideline increases: pre-approved amounts set by residential tenancy branch
  • Ontario: 
    • Fixed annual increase rate (2.5% in 2019)
    • Above guideline increases: pre-approved amounts set by landlord-tenant board
  • Quebec: 
    • Relative annual rent increase (based on taxes, renovations, etc.) that the tenant can contest
    • Tenant must know/be empowered to contest an amount

 

• Renovictions/Demovictions: Advocates in all three locations indicated issues with renovictions and demovictions. Renoviction is when a landlord evicts the tenant through renovations. This can be through displacing the tenant to perform the renovations, or after the tenant cannot afford the rent increase that follows the renovations.

A demoviction is when a tenant is displaced as a result of their home being demolished. In the case of BC advocates highlighted an issue with speculation and demovictions: when a municipality increases building density through zoning to accommodate a greater number of units, older low and medium density buildings begin to be purchased under speculation. When building density increases many of these units are demolished for higher density constructions; often for more luxury units. Tenants, as a result, are evicted. 

  • British Columbia: 
    • Four month notice for landlord use of property
    • Compensation: one months rent
    • No oversight of scale of renovations
    • Demovictions through speculation
  • Ontario: 
    • Two month notice for landlord use of property
    • Compensation: one months rent
    • Displacement generally occurs following the renovations when the rent is increased dramatically
  • Quebec: 
    • Tenants have the right to occupy their dwelling following a displacement for renovations (tenant must know this)
    • Tenant needs to absorb rent increase relative to renovation costs in the next lease year

 

• Repossession: Simply put, repossession is when a landlord decides to move themselves or their family member into an apartment occupied by a tenant. The tenant, by default, must move out of the unit. In all three provinces studied advocates highlighted problems with ‘bad faith’ repossessions. This is where landlords claim to be repossessing units for themselves but in fact are evicting the tenant to offer the unit to a higher-paying tenant.

  • British Columbia: 
    • Landlords can repossess with 2 months left to the lease 
    • Compensation: one month’s rent (tenant must contest within 15 days of receiving notice)
    • Tenant gets two months compensation if they find it was in ‘bad faith’
  • Ontario: 
    • Landlords can repossess with 60 days left to the lease and a simple affidavit from a family member saying they’re moving in
    • Compensation: one month’s rent
    • Tenant gets no fixed compensation if they find it was in ‘bad faith’
  • Quebec: 
    • A landlord informs a tenant that they plan to move into the unit six months before the end of the lease; tenant technically does nothing to contest
    • Compensation: what the RDL decides (generally moving costs)
    • Burden of proof & legal action on the tenant

 

Prevention & Policy Lessons

  • Identify contestation methods: Don’t assume that it’s a lost cause or that it’s inherently your client’s fault that they are being evicted. Listen to the full story and get help to identify the legal nuances in their situation. On a policy level, a contested eviction is a recognized one.
  • Encourage a paper trail: No matter where you go the burden of proof is generally on the tenant. Encourage your clients to have a paper trail and help them organize their paperwork; this will help their legitimacy in court.
  • Argue for tenants rights: Understanding local eviction causes and mechanisms makes it easier to understand what could make them better. Arguing for better and clearer rights is helping prevent evictions.
  • Inform your clients: Taking the time to understand policies and the pitfalls associated with them is important for your clients. Even if someone has been evicted explaining the process to them can prevent it from happening again.
Disclaimer
The analysis and interpretations contained in these blog posts are those of the individual contributors and do not necessarily represent the views of the Canadian Observatory on Homelessness.