If you want to shake down and harass your tenants with vexatious litigation, it is important to understand the laws in your jurisdiction. In some jurisdictions, landlords are not allowed to evict tenants without a valid legal reason. If you attempt to evict a tenant without a valid legal reason, they may be able to sue you for wrongful eviction. Additionally, if you attempt to evict a tenant for not wearing a mask or face covering, this could be considered discrimination and could also result in legal action against you. It is important that landlords understand their rights and responsibilities when it comes to evicting tenants.
It is also important that landlords treat their tenants fairly and with respect. Harassment of any kind is illegal and can lead to serious consequences for the landlord. If you have an issue with a tenant, it is best to discuss it calmly and professionally rather than resorting to harassment or shakedown tactics.
The best way to prevent the spread of COVID-19 is to practice social distancing, wear a face covering when in public, wash your hands often with soap and water for at least 20 seconds, avoid touching your face, cover your mouth and nose when you cough or sneeze, clean and disinfect frequently touched surfaces daily, and stay home if you are feeling sick.
Can You Stop Multiple LTB Applications By A “Vexatious†Tenant?
Yes! (But It Requires Planning…)
Rule A8 allows the LTB to impose restrictions on a tenant who has filed multiple applications. The LTB can order that the tenant must obtain permission from the Board before filing any further applications, or that they must provide notice to the landlord and/or the Board before filing an application. This rule is intended to protect landlords from vexatious tenants who file multiple applications without merit.
The LTB will consider several factors when deciding whether or not to impose restrictions on a tenant, including:
-the number of applications filed by the tenant;
-the nature of the applications;
-whether there is any evidence of harassment or bad faith in filing the applications; and
-whether there is any evidence that the tenant is attempting to abuse or manipulate the process.
If it appears that a tenant has been filing multiple applications without merit, then a landlord can make an application for restrictions under Rule A8. The landlord should provide evidence of their allegations, such as copies of previous applications and orders, as well as any other relevant information. If successful, this will help limit legal costs and wasted time due to vexatious tenants.
1. The tenant had filed numerous applications with the LTB, many of which were found to be frivolous or vexatious.
2. The tenant had a history of making unfounded allegations and engaging in disruptive behavior during proceedings at the LTB.
3. The tenant had failed to comply with orders issued by the LTB on multiple occasions.
4. The tenant had made false statements in her applications and during proceedings at the LTB.
5. The tenant had engaged in a pattern of filing applications that were repetitive, irrelevant, and/or without merit.
- Bringing one or more proceedings to determine an issue which has already been determined by a court or tribunal of competent jurisdiction is a vexatious proceeding;
- Where it is obvious that an action cannot success, or if not person can reasonably expect to obtain relief, the proceeding is vexatious;
- Proceedings brought for improper purposes (i.e. any purpose other than to assert legitimate rights) are vexatious; and
- Persistently filing unsuccessful Review Requests can be considered vexatious.
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<p>The Tenant has not established that the Landlord’s actions constitute a substantial interference with the reasonable enjoyment of the rental unit. The Tenant has not provided any evidence to support their claim that they have been unable to use the balcony since August 2017.</p>
</blockquote>
This means that the tenant did not provide sufficient evidence to prove that they had been unable to use the balcony since August 2017, and thus, were not able to establish that the landlord’s actions constituted a substantial interference with their reasonable enjoyment of the rental unit.
This means that the court must be satisfied that the tenant has repeatedly and without reasonable cause initiated legal proceedings or acted in a vexatious manner during the proceedings. The court must consider all relevant factors, including the number of proceedings initiated by the tenant, the nature of those proceedings, and any other evidence that may suggest that the tenant is acting in a vexatious manner.
In order to obtain a declaration of vexatious litigant, you must provide evidence that the tenant has engaged in a pattern of filing multiple applications or appeals with the LTB which are either frivolous, vexatious or an abuse of process. This evidence should include copies of all applications and appeals filed by the tenant, as well as any other relevant documents such as emails or letters sent by the tenant. You should also provide evidence that the tenant’s conduct is unreasonable and that their applications have no reasonable prospect of success. The Member will consider all of this evidence when deciding whether to make a declaration.
It is important to note that even if you can demonstrate that a tenant has engaged in vexatious behaviour, it does not necessarily mean that they will be declared a vexatious litigant. The Member must also consider whether making such a declaration is necessary and proportionate in light of all the circumstances.
Melchers specializes in corporate and commercial law, with a focus on mergers and acquisitions, corporate reorganizations, private equity transactions, and securities law. He also has experience in the areas of banking and finance, real estate, and intellectual property.
https://www.cohenhighley.com/can-you-stop-multiple-ltb-applications-by-a-vexatious-tenant/