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@Atlanta

还用呼吁? 看看这些判决结果, 房东自己都搬不回去!

muldoon(muldoon)

https://www.canlii.org/en/on/onltb/doc/2021/2021canlii149902/2021canlii149902.html

61. If I am wrong in this regard, I would say in the alternative that this is one of those relatively unusual situations where the Tenant’s circumstances are so compelling that discretionary relief from eviction should be granted.

62. The Tenant requires a large unit to accommodate her family members, including six young children. Because of these needs, locating and securing alternative suitable housing is an extraordinary obstacle for this Tenant. There is no doubt that her relationship with the Landlord is challenging.

63. The Tenant’s family is large. There are several young children, who have their own needs to be met. The Tenant’s mother is recovering from surgery, and lives with a disability. She has been looking for housing but the high cost of rent places large rental units out of the realm of possibility at this time. What this means is that the Tenant cannot commit in any real sense to a predictable timeline as to when she and her family can vacate. If the Board was to arbitrarily choose a termination date that the whims of the rental market render impossible for the Tenant to meet, the Tenant will be placed in an untenable situation.

https://www.canlii.org/en/on/onltb/doc/2022/2022canlii70781/2022canlii70781.html

7. On the other hand, the Tenant has lived in the rental unit for approximately 24 years and her current rent is $955.57. She states she is concerned about where she will go if evicted and that she is “ill over this”. She further testified that after working all her life, she is now retired. Given the rental climate, she fears she will not be able to afford another place and will be left homeless if evicted. She testified she currently lives with her adult son so as to assist him with his own precarious financial situation.

8. I do not find that it would be unfair to refuse eviction given the circumstances*, and the fact that the Tenant’s housing outlook appears to be more limited that the housing options of the Landlord’s son. In this regard, the Tenant testified that the Landlord’s son works in real estate and has other housing options,*

https://www.canlii.org/en/on/onltb/doc/2021/2021canlii144660/2021canlii144660.html

45. Relevant circumstances here include the fact the Tenant has lived in the unit for 25 years, his dependence on neighbourhood resources and the overall impact an eviction would have. Specifically, he would likely be forced to move out of the City and away from his daughter. I also find that he has very limited financial resources, as it is clear based on the testimony he would never consider accessing the $33,000.00 in the RESP that was established as part of his divorce settlement as he understands that the money is for his children and will remain available to them if they require it. In contrast, the Landlords have the financial resources to locate alternate accommodation near their family.

46. Denying the eviction would preserve the Tenant’s fragile standard of living. While the Landlords may well be inconvenienced if they are not able to move into this particular unit, the impact upon them will be far less than the impact of eviction on the Tenant.

(#16229835@0)
Last Updated: 8-12
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Replies, comments and Discussions:

  • 枫下家园 / 房东 / 有人呼吁联邦立法，租房10年以上，65岁以上的租客，房东不允许以自住，装修等理由赶人；如果租客无法找到和现在租金相当的地方，乃至要流落街头，则不允许以任何理由驱逐。 -mikesmith(老猫); 8-6 (#16217069@0) +3
    • 房屋是个人财产，政府无权管理。 -111111(快乐老家); 8-6 (#16217074@0) +7
    • 😂，更没人愿意出租给老年人了。赶快自己准备养老住所吧。 -retirecat(今天吃什么); 8-6 (#16217126@0) +10
    • 老年人只能去租那些公司出租的房子了，私人是不愿意出租了 -maya0(maya); 8-6 (#16217133@0) +5
      • 公司也是个人拥有的吧， -northwood77(northwood77); 8-6 (#16217949@0) +2
    • 这个不应该是政府提供廉租房吗？ -thegirlbefore(退一步海阔天空); 8-6 (#16217147@0) +8
      • 廉租房没有大house，没有新condo，装修太破，租客不喜欢 -titima2(活到老学到老); 8-6 (#16217162@0) +1
      • 同意这个，老人应该优先住，那些年轻力壮的不应该长期住廉租屋，有些因为有孩子或难民住进去，好多就不愿工作搬出来 -winonca(小温); 8-6 (#16217167@0) +3
      • 廉租房是无限供应吗？ -northwood77(northwood77); 8-6 (#16217958@0)
    • 第九年赶走 -whoislikethegod(We The People); 8-6 (#16217177@0)
    • 不再租给老年人，问题不用解决，因为没有问题了。 -sunyemin(拉拉); 8-7 (#16218702@0) +3
    • 不是有人，是房客都支持，房客数量远比房东多，资本主义选票说话就是造就利益为主的行为，道德和廉耻观不存在，为什么没有正义的议员呼吁联邦政府来接管房客住宿问题 -palwang2000(重现江湖); 8-7 (#16218717@0) +2
      • 20%的人掌握了80%财富，是不是大家都该投票把富豪的财产分一分？ -greenfield_2011(greenfield); 8-8 (#16220251@0) +3
        • 这里养尊处优的小年轻认为自己是穷人，要联合大伙提前分遗产. 从小大麻抽的 -**🌼; 8-8 (#16220283@0) +1
        • 风气就是这样，都想躺平 -northwood77(northwood77); 8-8 (#16220296@0)
        • 该，但现实中大都是对着富豪跪拜的 -palwang2000(重现江湖); 8-8 (#16220590@0) +1
    • 瞎搞，这样谁都不租给老年人了。 -justseesee(SeeSee); 8-8 (#16220226@0) +4
    • 政府干脆把房子收走算了，抠抠索索算计来算计去没啥意思。 -ff2021(码农闰土); 8-8 (#16220291@0) +2
    • 还用呼吁? 看看这些判决结果, 房东自己都搬不回去! -muldoon(muldoon); 8-12 {4532} (#16229835@0) +1

      https://www.canlii.org/en/on/onltb/doc/2021/2021canlii149902/2021canlii149902.html

      61. If I am wrong in this regard, I would say in the alternative that this is one of those relatively unusual situations where the Tenant’s circumstances are so compelling that discretionary relief from eviction should be granted.

      62. The Tenant requires a large unit to accommodate her family members, including six young children. Because of these needs, locating and securing alternative suitable housing is an extraordinary obstacle for this Tenant. There is no doubt that her relationship with the Landlord is challenging.

      63. The Tenant’s family is large. There are several young children, who have their own needs to be met. The Tenant’s mother is recovering from surgery, and lives with a disability. She has been looking for housing but the high cost of rent places large rental units out of the realm of possibility at this time. What this means is that the Tenant cannot commit in any real sense to a predictable timeline as to when she and her family can vacate. If the Board was to arbitrarily choose a termination date that the whims of the rental market render impossible for the Tenant to meet, the Tenant will be placed in an untenable situation.

      https://www.canlii.org/en/on/onltb/doc/2022/2022canlii70781/2022canlii70781.html

      7. On the other hand, the Tenant has lived in the rental unit for approximately 24 years and her current rent is $955.57. She states she is concerned about where she will go if evicted and that she is “ill over this”. She further testified that after working all her life, she is now retired. Given the rental climate, she fears she will not be able to afford another place and will be left homeless if evicted. She testified she currently lives with her adult son so as to assist him with his own precarious financial situation.

      8. I do not find that it would be unfair to refuse eviction given the circumstances*, and the fact that the Tenant’s housing outlook appears to be more limited that the housing options of the Landlord’s son. In this regard, the Tenant testified that the Landlord’s son works in real estate and has other housing options,*

      https://www.canlii.org/en/on/onltb/doc/2021/2021canlii144660/2021canlii144660.html

      45. Relevant circumstances here include the fact the Tenant has lived in the unit for 25 years, his dependence on neighbourhood resources and the overall impact an eviction would have. Specifically, he would likely be forced to move out of the City and away from his daughter. I also find that he has very limited financial resources, as it is clear based on the testimony he would never consider accessing the $33,000.00 in the RESP that was established as part of his divorce settlement as he understands that the money is for his children and will remain available to them if they require it. In contrast, the Landlords have the financial resources to locate alternate accommodation near their family.

      46. Denying the eviction would preserve the Tenant’s fragile standard of living. While the Landlords may well be inconvenienced if they are not able to move into this particular unit, the impact upon them will be far less than the impact of eviction on the Tenant.

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