Ongoing Bed Bug Issue - Trying to Evict - Please Assist

[tylerpearson]

Hello everyone,




I have a tenant with known mental health issues that was assumed in a multi-family purchase a few months ago. Since acquiring the building there has been continues issues with bed bugs in a number of units. We`ve had a number of the units treated on many different occasions however we have not been able to gain much traction in the battle. The root cause of the problem according to Orkin is stemming from the tenant with the known mental health issue who simply refuses to prepare his suite prior to treatment. As a result, the treatment is not able to be completed properly and the problem continues to persist. We recently filed an N5 application with the LTB to have the tenant evicted but I`m wondering if anyone has any experience with this and is able to shed some light on how we can best prepare ourselves for the eventual hearing?





Finally, everything to date has been well documented and I`ve tried repeatedly to find him some form of social service/assistance that can perhaps help him prepare his unit prior to treatment but it has all fallen on deaf ears.





Thanks in advance for your feedback!

 

[stlandlords]

I don't mean to scare you but you face some real potential issues at the Board with this situation.



In Ontario you have a legal "duty to accommodate." You wrote your tenant has a known mental health issue. This means your tenant is one of the 'protected' groups under the Ontario Human Rights Commission rules for landlords.



Do you know if your tenant has a legal aid lawyer to help him/her?



If you need more help email me at [email protected] as I've been through a very similar situation. I'm not trying to sell you anything, only I don't want any tenants learning my tactics on a public forum.

 

[dplummer]

I've used the Terminator from Landlord Legal. April is great! www.landlordlegal.com 705-812-2267

She works only for Landlords & knows all tenant issues.



Doug

 

[stlandlords]

All tenants receive free legal aid. Nice marketing slogan though. You fell for it.



Yes, there are legal representatives out there who will do the job for you for approx. $1000 if you shop around.



If you are going to be in the business long term in Ontario you need to make learning the RTA and LTB and being able to represent yourself as part of your investment strategy.

 

[invst4profit]

If you are not experienced at the LTB it is best to hire someone such as April the first time. I have been many times and have training in such situations but it can be frustrating for first time landlords.

You need to be extremely well prepared with the facts and supporting letters from the exterminator company to support your case.

I strongly suggest you do not mention anything about your tenants mental disability and if his legal aid rep tries to use it demand they show medical proof. Deny any knowledge, argue he is self sufficient otherwise his problems will work against you.



The most likely outcome is your tenant will get a conditional reprieve allowing him one more chance to prepare his place for treatment. The upside is that this is simply part of the accepted process and as such you will simply serve the tenant with another eviction notice when he does not live up to the conditions of the board.

Follow the process and stay on his case until he is evicted.

Is you tenant recieve ODSP ?

Don't forget to ask the board to order he pay your filing fee ($170) each time as well.

 

[housingrental]

Hi Tyler



You should proceed with path suggested in posts above but also work to solve the problem a different way as the legal route will be a slow and costly process. Of note re posts above, I'd recommend you pay the services fees for a paralegal or lawyer on this.



Have you tried a heat solution and/or an assessment from a different company?