With Canada91Ƶs already-hot rental market expected to come under even more pressure in 2023, experts say tenants should guard against 91Ƶrenoviction91Ƶ by educating themselves about their rights.
The term renoviction is used to describe a situation when a landlord cites the need for major renovations as the reason behind an eviction. While most Canadian jurisdictions have rules in place to protect tenants 91Ƶ such as limiting the types of repairs that justify requiring renters to move out, or specifying how much notice a landlord must give 91Ƶ tenant advocates say the practice still happens regularly.
For example, a recent report from Ontario91Ƶs Advocacy Centre for Tenants (ACTO) found there has been a 294 per cent increase in landlord applications to evict tenants for renovations or conversions at the province91Ƶs Landlord and Tenant Board since 2015-16.
Douglas Kwan, ACTO91Ƶs director of advocacy and legal services, said he91Ƶs also seeing an increase in 91Ƶown-use evictions,91Ƶ where a landlord claims to need to take a unit back so they or a family member can move in.
Both of these practices, Kwan said, are sometimes used by landlords to get rid of existing tenants so they can rent apartments to new tenants at a much higher rate.
91ƵWe91Ƶre seeing all types of situations in which landlords are seeking to end the tenancy to take advantage of the market,91Ƶ Kwan said.
91ƵThese instances are increasing.91Ƶ
According to a November report from Rentals.ca, average rents in Canada have increased 10.5 per cent in 2022, compared to the pre-pandemic average from November 2019.
In the most expensive markets of Vancouver and Toronto, rents have increased by approximately 24 per cent in the last 12 months alone, according to the same report.
The Canada Mortgage and Housing Corp. warned earlier this fall that it anticipates increased pressure on rental markets in 2023, as rising interest rates put home ownership out of reach for more Canadians.
That could mean more people will find themselves in a similar situation to Jonathan Roth, a Vancouver resident who found himself facing an eviction notice in May of this year, for an apartment he had lived in since 2017.
91ƵIt was rough,91Ƶ said Roth, who said the building he lived in was bought by new owners, who one month later indicated they wanted everyone out for renovations.
Roth said he was fortunate in that the landlords offered everyone six months91Ƶ worth of rent to get out within 30 days. (Under B.C. law, landlords must offer renovicted tenants one month91Ƶs worth of rent.)
91ƵI think they just wanted us out without any headaches,91Ƶ he said.
91ƵJust doing a Google search, it looks like apartments in that building are now going for $2,700 a month, which is about $1,000 more than what I was paying.91Ƶ
Kayla Andrade, founder of Ontario Landlords Watch 91Ƶ a group that advocates on behalf of the province91Ƶs small landlords 91Ƶ denies that renovictions are happening in significant numbers.
However, she said she believes rent control policies in provinces like Ontario are reducing the overall housing stock, and indirectly leading to some evictions.
91ƵLandlords are seeing all of their expenses increase, and they have no way to increase the rent,91Ƶ Andrade said.
91ƵSome landlords are just leaving the industry completely, and taking the units back. So we are seeing some own-use evictions.91Ƶ
In most jurisdictions, landlords need the permission of the Landlord and Tenant Board before they can evict tenants for the purpose of renovations.
But many tenants may not know that, and may move out as soon as a landlord asks them to.
91ƵI think a lot of tenants just walk away, because fighting it is too hard,91Ƶ said Lesli Boldt, who was evicted in 2018 from the Vancouver apartment she91Ƶd lived in for more than a decade.
Boldt, who ran for city council in 2022 in part because of that experience, said she wasn91Ƶt able to prove that what had happened in her case was a renoviction, since her landlord told her a family member needed the unit.
91ƵWhat I do know is I lost my home of 13 years,91Ƶ she said.
91ƵSo I would advise people to find out what your rights are before you91Ƶre evicted 91Ƶ Be very clear what kind of rental agreement you91Ƶre signing, and document your communications with your landlord.91Ƶ
Kwan said there are things tenants can do to protect themselves, the most important of which is knowing the rules in the city and province you live in.
91ƵIf you receive a letter or notice that your landlord intends to evict you, obtain legal advice,91Ƶ Kwan said.
91ƵMake sure you have the right information before you take that next step, because sometimes that notice is not in compliance with the law, and that landlord may have no right to evict you.91Ƶ
Tenants can also work proactively to build a good relationship with their current landlord, Kwan said, by being clean, courteous, and paying rent on time.
However, from Kwan91Ƶs perspective, renovictions, own-use evictions, and other similar landlord practices are unlikely to go away until governments do more to address Canada91Ƶs affordable housing crisis.
91ƵThere is not enough supply of rental housing in Ontario, just like everywhere else,91Ƶ Kwan said.
91ƵWhat tenants really need right now is for governments to commit funds to provide true affordable housing.91Ƶ
91ƵAmanda Stephenson, The Canadian Press