Do Ontario Rent Laws Promote Evictions ?

Many suggest that the economy is at fault for Ontario`s ever increasing burden landlord and tenant disputes and tenants not paying rent. Working in some very difficult economies however shows a different side. Perhaps the problem lies elsewhere ?

In Tampa, Florida the economy is far worse than Ontario. Even so dealing with tenants and rent payments is far easier. The difference lies in the policy:

In Florida late fees are allowed. Tenants pay their rent on time to avoid the additional charge. In Ontario late fees are illegal. Post dated cheques are likewise illegal as are pre-authorized payments.

Florida requires only a 3 day notice demanding the rent before the landlord can apply for eviction. The time necessary to process an eviction in the Courts is less than a month. It is therefore a last resort employed only when absolutely necessary. In Ontario the only lawful way to collect overdue rent is through a government process that takes months. Landlord have to rush to start the legal process just to hold a place in line.

Tenants who want to dispute an eviction in Florida have to pay the rent owing to the Court. Prior to 1997 we had the same system in Ontario and the whole of Toronto was handled by one Judge who was often done by noon. Today Ontario tenants can come to the Board and explain why they have not paid. As a result there are 5-6 Courtrooms running all day long listening to the explanations.

It is not about Floridians being more responsible as the situation is reversed in the case of mortgages. The mortgage enforcement Courts in Florida are just as backed up as our tenancy Courts here. So while Floridians pay their rents there is a huge problem with Floridians not paying mortgages.

There is an irony in the leniency of the Ontario system in that it tends to encourage persons to owe rent by taking away any immediate consequence. In doing so it occurs that the system may well be promoting evictions as well as preventing them.