According to Rentals. ca, rental prices in Canada have increased by 22% in the past two years. And those long-term tenants are limited by the Ontario government's rent increase limit, with a maximum annual increase of 2.5%. Many housing experts say this has led tenants to defend their units even more fiercely when facing eviction. Landlords are facing enormous financial pressure, with a surge of 85% in cases of eviction of tenants on the grounds of self occupation since 2020.
Chris Kostav and Shari Keyes are two long-term tenants. In the hot real estate market of Toronto, two tenants paid rent far below market value in a low rise building in East York.
Now, their landlord wants them to move out. According to the eviction notice, the landlord plans to move their family into these two apartments.
Retired electrician Kostav said, 'I think the only reason he asked me to leave was because he could charge higher rent, and he has lived in this single room unit for nearly 20 years.'.
The landlord has submitted two N12 eviction applications to the Ontario Landlord and Tenant Commission, namely for personal use eviction, stating that he needs to move his daughter into one unit and his parents into another unit.
Kostav and Keyes do not trust their landlord. They have all hired lawyers and fought back at the landlord and tenant committees.
In an email sent to CBC, their landlord Sofiene Bousselmi denied that the eviction was malicious and stated that it was indeed necessary to move her family in.
According to Rentals. ca, rental prices in Canada have increased by 22% in the past two years. Many housing experts say that this has led tenants to fight harder to defend their units when facing eviction.
Against the backdrop of the national housing crisis, Kostav and Keyes have become embroiled in a growing battle between landlords claiming to reclaim their rental properties and an increasing number of tenants refusing to move out.
For Kostav, the battle is still ongoing, and his next hearing at the Landlord and Tenant Committee is expected in early August. For Keyes, the Ontario Landlord and Tenant Commission ruled earlier this month that the landlord acted improperly in her eviction application and allowed her to temporarily stay in her unit.
For 56 year old Keyes, giving up her apartment means that her daughter and granddaughter may have to permanently leave Toronto, and may even be homeless.
Keyes said that rent is high everywhere now, and we know we cannot afford other places. We must fight because we have always been concerned about the possibility of homelessness.
As national rents continue to hit new highs - rising 22% in two years, according to Rentals. ca data, the national average rent for a one bedroom apartment is $1929- some Ontario tenants who have received N12 eviction notices say they have nowhere to go and will do their best to stay.
Tracking malicious expulsion
In other parts of the country, self use eviction also seems to be increasing.
The British Columbia government has just launched an online portal to help combat malicious eviction by landlords claiming to need their units.
Due to delays from the landlord and tenant committee, the dispute between Keyes and her landlord lasted for nearly two years. She said that this had a huge impact on her, her daughter, and granddaughter because they were worried about the future, living in boxes filled with boxes, and worried that they might have to leave.
Kostav's studio apartment rent is 600 yuan per month, but he said that based on the nearby rent increase, he believes the landlord wants to double or even triple the rent.
Image source: CTV
66 year old Kostav said, 'Where do I want to live?'? Maybe I want to live on the streets or be homeless. I cannot afford to pay higher rent with my pension now. That's all.
Rose Marie, the vice president of the landlord advocacy organization, talked about the increase in self use eviction and stated that this is mainly due to rising interest rates.
According to data from the Landlord and Tenant Council, self use eviction applications - which can be used when landlords or family members need to move into a unit - have increased by 85% in Ontario since 2020, from 3445 in that year to 6376 in 2023.
The committee's data also shows that T5 applications - which tenants wish to question for self use eviction - have increased fourfold from 2020 to 2023.
In 2020, there were a total of 331 T5 applications. In 2023, this number will rise to 1335. In the first four months of 2024, there have been 504 applications.
The fines imposed by the landlord and tenant committee for malicious eviction in 2023 are twice as many as in 2022, with 23 fines in 2023 compared to 11 in the previous year.
Experts say that self use eviction has always been the simplest method for landlords to make tenants move out. In the past, landlords may not even need to submit an application to the committee - they only need to inform tenants' family members that they want to move in.
Mortgage loan interest rates rise
Some small landlords and landlord advocates argue that landlords need their properties, often due to rising interest rates.
RoseMarie, Vice President of SOLO, a landlord advocacy organization, said that if you need to pay 800 yuan per month for your rental property and your main residential mortgage needs to be renewed, you must pay an additional 600 or 800 yuan, which you cannot afford. And you cannot pass on the increased costs of that month to the tenants. So who will pay?
Landlord Jessica Huang said during a protest at Queen's Park in Toronto that her tenant refused to move out after receiving a notice of N12 self use eviction, which caused her financial difficulties. She said, 'I'm a single mother and I can't afford this. I have to move back to my house.'.
The problem she faces, as Marie said, is that once the mortgage interest rate rises, she can no longer afford to rent out a house. Now, she needs to move into her own house, but she can't.
Marie said, 'I have never heard tenant advocates talk about these math problems, never.'.
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