In the quiet suburban streets of Brampton, Ontario, an unsettling drama unfolded as landlord Rajan Kanwar found himself in a nightmarish situation that no property owner ever wants to experience.
It all began in December 2021 when Kanwar decided to rent out his beautiful four-bedroom house on Scotchmere Crescent for $4,500 a month. At first, things seemed perfect. The tenant moved in, and rent payments arrived promptly, along with utilities.
However, what appeared to be a harmonious landlord-tenant relationship soon took a dark turn. Over time, rent payments became sporadic, and utility bills began to pile up unpaid. Kanwar, a working IT manager, had to dip into his own pockets to cover the outstanding expenses.
The situation reached a breaking point in May 2023 when the tenant approached Kanwar with a heart-wrenching confession: he could no longer afford to live in the house. Consequently, rent payments dwindled to a trickle, if they came at all. Kanwar was now left to bear the weight of not one, but two mortgages: the $9,500 monthly mortgage on his rental property and a $7,500-per-month mortgage on his own family home.
In a desperate bid to resolve the issue, Kanwar pursued two applications with the Ontario Landlord and Tenant Board (LTB). The first, known as an N11, sought an eviction order on the grounds that the tenant had agreed to vacate the premises voluntarily. The LTB ruled in favor of Kanwar, setting a departure date for February 2024. However, this was not the first time the tenant had purportedly agreed to leave, only to backtrack later.
The second application, an N4, was filed on the basis of non-payment of rent. Despite seven months having passed since its submission, the LTB had yet to hear this case. The tenant’s legal representative added to the delays by presenting a staggering 400 pages of documents at the hearing, overwhelming the adjudicator. As a result, there was no set date for the hearing, and the prospect of rent reimbursement remained uncertain.
Meanwhile, Kanwar’s frustration and financial strain continued to mount. He was shelling out $17,000 each month to cover two mortgages, while his rental property remained unproductive. The emotional toll on him was immeasurable.
The LTB’s backlog of cases, which had grown to 53,000 in May 2023 from 35,000 in March 2021, was exacerbating the crisis. Landlords across Ontario were experiencing similar frustrations, waiting months for their cases to be heard. The LTB claimed to have made improvements to its systems following a scathing investigation by the province’s ombudsman, but the issues persisted.
As Kanwar grappled with the mounting financial burden, Elaine Page, a paralegal specializing in landlord-tenant matters, offered advice to landlords in similar predicaments. She suggested trying to communicate with delinquent tenants to find a resolution and emphasized the importance of seeking legal advice to navigate the complex legal landscape.
Despite his anguish, Kanwar held onto hope, hoping that the LTB would ultimately order the repayment of the unpaid rent. However, as Page cautioned, the chances of recovering the money were slim to none.
As the sun set over Scotchmere Crescent in Brampton, the battle between landlord and tenant continued. Kanwar’s quest for justice and the recovery of his losses remained uncertain, underscoring the challenges that landlords face in Ontario’s ever-evolving rental landscape.