Tenant likely to be served with eviction notice if back-rent isn’t paid

A: CERB was to allow people forced out of work to buy groceries, pay their rent and meet their other needs. After a little confusion at the beginning, government leaders have uniformly said this: Tenants who can pay their rent should pay their rent, while landlords should be patient with tenants who struggle to pay their rent while trying to get back on their feet.

The eviction closure had two parts. The Ontario Superior Court suspended the enforcement of residential eviction orders until the end of July. Enforcement of an eviction order happens after the LTB has considered the facts of a case and made a decision, which often includes a termination and eviction order. However, for rent arrears, the order invariably includes a term that the tenant can pay and stay.

The LTB also suspended most eviction applications while Ontario was in a State of Emergency. As of Aug. 1, the LTB started to issue eviction orders from earlier hearings (sometimes hearings held in February or March). The LTB has also started scheduling new eviction hearings.

When CERB ends, three avenues are open to you. You can potentially get a job. You may qualify for EI (even if you couldn’t before because of the nature of your work). Or you may be able to get the new financial support the City of Ottawa is rolling out to help people who “fall through the cracks” in the new EI system.

To see if they are eligible for this new benefit, anyone on Ontario Works or Ontario Disability Support Plan should call their caseworker. Other people in need in Ottawa should call 311, select language, then press 4 for Social Services, and 3 to speak with an agent.

Even though you have paid no rent since March, you can save your tenancy by paying the arrears of rent. If you do not pay, you should expect that your landlord will get an order against you for payment of the back-rent, as well as for eviction. That will hang over your credit rating and could haunt you for many years. Besides that, you will have a difficult time getting a decent reference to help rent a new unit.

Recent changes to the Residential Tenancies Act require landlords to attempt to negotiate a repayment plan if they are to apply for an eviction order. A landlord does not have to accept a refusal to pay arrears of rent and the current rent. Most tenants have done their part, and you need to do your part too. In turn, landlords need to be patient with tenants who are doing their best to pay but need time to catch up on rent arrears.