TORONTO: KEEP YOUR RENT (April 1)
Posted on: March 20, 2020 /
KEEP YOUR RENT – TORONTO (Facebook organizing group)
Some of us have run out of money or don’t have much left. Some of us may have barely enough and are hoping things don’t get worse. Some of us may be okay right now and are telling ourselves things will work out. But none of us knows for sure. What we do know is people are getting sick. People are losing their jobs or are having their hours cut. We know schools are closed. We know lines at grocery stores are long. We know we should try to prepare. We know we need to be responsible. We know some people feel scared. We know some people feel alone. We know people need help now, and more will soon.
And we all know rent is due.
We should keep our rent. Our landlords will be fine. We may not be. No tenant should feel forced to hand over so much money when faced with so much uncertainty. You should keep your rent. Whatever you have, hang on to it. Once you give it to your landlord, it’s gone. You won’t have it for food or for medicine. You won’t have it for you, your family, your friends, your neighbours, or your co-workers – no-one. Your landlord will have it. It will go in their bank account and it will secure their investments. While you and everyone you care about stares down the barrel of insecurity.
Sure, it’s against the rules. The rules say that when the calendar says the 1st, the landlord gets paid. Not this time. We’re keeping our rent. We will not be forced to go without because those with so much say we should. We know what we should do. We should support each other, we should defend each other, and we should provide for each other.
So that’s what we will do. We will keep our rent.
KEEPING YOUR RENT: WHAT YOU NEED TO KNOW (FAQ)
Why keep my
rent?
You may need it.
COVID-19 may be a long-term public health crisis. The number of people who have
lost their jobs continues to grow. The pandemic is already making life harder
for the majority of us, and we can’t afford to assume it is going away anytime
soon.
There is strength in
numbers. Thousands of us deciding to keep our rent gives us the resources to
better provide for the health and well-being of our families and communities.
Social distancing helps stop the spread of COVID-19. It doesn’t stop us from
taking the collective action of keeping our rent.
Aren’t there no more
evictions?
On March 19, in
response to COVID-19, the Ontario Superior Court suspended all residential
evictions “until otherwise ordered by the court”. This
means that until otherwise stated, the Sheriff will not participate in the
forceful removal of tenants from their homes. In addition, the Toronto Landlord
and Tenant Board (LTB) has cancelled all hearings until at least March 27,
2020. With the eviction system at a stand still, landlords cannot bring tenants
to the LTB and they cannot enforce evictions against tenants.
When the eviction
suspension ends, won’t everyone get evicted?
No.
Only the LTB can order a tenant to move out and only the Sheriff can physically
remove someone from their home. Landlords can apply to the LTB to evict a
tenant who has not paid rent, but only after the 14-day notice period in a
properly served N4 notice. A hearing at the LTB is usually scheduled in
3-6 weeks, and in light of the current crisis, potentially much longer, in
advance.
At the LTB hearing
the tenant can pay the rent owing and avoid eviction. However, the LTB may
require the tenant to pay the landlord’s filing fee of $190. There are some
exceptions to this that apply in a small minority of cases. If your landlord
has taken you to the LTB before over rent, reach out to us for more
information.
What if I can’t
afford the $190 fee?
Tenants do not
automatically become responsible for a landlord’s filing fees. Landlords apply
for this and the tribunal then has to approve it. No-one should accept this
outcome, for themselves or others. Attempts to force tenants to pay for their
landlord’s legal attacks can and should be fought.
During the 2017
MetCap rent strike, Parkdale Organize was able to fundraise a defense fund to
help cover $190 filing fees against tenants. The force of the rent strikers’
actions defeated MetCap’s attempt to evict them and the money was never used.
This is because there were hundreds of tenants involved and MetCap was unable
to pursue evictions against everyone at once. If necessary, that money will be
made available and it is entirely possible that more money would be fundraised.
Keeping my rent could
be riskier for me than for other people. Why should I take part?
Keeping our rent
might be riskier for some people than others. Especially if they are forced to
go it alone. It’s important to acknowledge that. This makes it especially
important for tenants in more secure positions to not just participate but
commit to defending one another down the road, if it comes to that. For the
most marginalized among us, KeepYourRent is not a choice — it’s a necessity.
Either they need that money to feed their family, or they just don’t have it to
begin with. If you think you are in a position to choose, please choose to
stand with others who aren’t. Marginalized people are most at risk when singled
out and isolated. KeepYourRent is about acting together, so that those who are
most marginalized are not left to deal with this crisis alone.
What
might my landlord do?
1. Legal Action
Landlords may issue an N8 eviction
notice alleging the tenant frequently paid rent late. Again, the Landlord has
to apply to the LTB. The risk of eviction at an N8 LTB hearing is lower than at
an N4 hearing for non-payment of rent. At an N8 hearing the LTB could order the
tenant to pay rent on time for the next year or be evicted without a hearing.
Landlords also have the option of
applying to the LTB to order a tenant to pay the rent owing. In this case there
is no eviction, only an order to pay the landlord.
2. Undermine organizing
To undermine tenants collectively
keeping our rent, big, corporate landlords will come out with rent
deferral or rent relief schemes. These programs will not benefit tenants. Instead,
they will put tenants into rent repayment agreements with their landlords.
Tenants who make individual deals with landlords weaken the collective strength
of keeping our rent.
Individual landlords may directly
confront tenants who keep their rent. They may try and intimidate and harass
tenants.
3. So, what can we do about that?
Landlords are often real brave when
dealing with individual tenants. Not so much when there’s more of us. It’s
critical that the people around us know what is going on and that we support
each other. Within buildings and on blocks people can keep in touch about what
is going on and what landlords may be trying to do. Word can also be spread
through social media. Landlord’s phone numbers can be found, and their homes
and businesses can be visited just as easily as our homes can be. This is not
something they enjoy. But it is very much something we should be willing to do.
Together.
My rent is paid
directly by my bank or OW or ODSP. How can I keep my rent?
Tenants whose rent is
paid directly to the landlord can still keep their rent. Contact your bank
online or by phone and cancel your landlord as a payee immediately. They can be
reinstated at a later date.
Tenants on social
assistance can contact their Ontario Works or ODSP caseworker to cancel their
rent pay-direct. Tenants whose rent is paid directly to the landlord can still
keep their rent. If your caseworker denies your request, contact us for
support. Tenants can pressure the local Ontario Works or ODSP office to stop denying
tenants’ requests to cancel their rent pay-directs.
I live in a small
building. Can I keep my rent?
Tenants in small
buildings or single units like basement apartments might feel isolated and less
confident in keeping their rent. That’s why we’re creating ways for tenants to
communicate online and by phone. Join in and stay in touch! By keeping your
rent you make it possible for other tenants to feel more confident in keeping
theirs. Ongoing communication will be critical for our ability to respond in
cases requiring collective support.
The government has
made lots of announcements. Can’t we just wait for rent relief?
The government has
made a lot of announcements but they have not cancelled rent. We have no reason
to believe they will. By keeping our rent, we take back authority over our
lives and our families’ futures.
Why aren’t we pushing
for stronger government action?
The clock is ticking.
April 1st is around the corner. We can make this decision now. This decision
will put more pressure on the government than any petition or letter to the
editor. AND we guarantee ourselves access to our own money. Two birds. One stone.
What about my
Landlord?
Landlords’ resources
will allow them to withstand the COVID-19 pandemic better than most, while
tenants are more and more concerned with our daily survival. The government has
already announced financial support and mortgage suspensions for businesses and
landlords. By keeping our rent we will have more money for groceries, medicine,
disinfectant supplies, and other basic necessities. Our landlords will be fine
without our rent. We may not be.
