Toronto

This GTA condo owner says he's struggling 'to make ends meet' as tenant won't pay $20K in rent

A Mississauga landlord says he's fed up with the bureaucratic gridlock that's held up an eviction order for seven months while his tenant lives rent-free in his condo.

Almost 6 months after hearing, still no order from the Landlord and Tenant Board

Joe Roberto
Joe Roberto owns a one-bedroom unit in this condo complex but his tenant hasn't paid any rent in more than a year, he says. That's left him to cover all the unit's costs plus the upkeep on his family's home. (Mike Smee/CBC)

A Mississauga landlord says he's fed up with the bureaucratic gridlock that's held up an eviction order for almost six months while his tenant, who owes him about $20,000, lives rent-free in his condo.

Joe Roberto says he was told at his Ontario Landlord and Tenant Board (LTB) hearing back in August that he would soon be issued an eviction order, which he could then give to his delinquent tenant. She hasn't paid rent in more than a year, Roberto says, leaving him to pay for the condo's mortgage, maintenance fees and property taxes — on top of his own household expenses.

"I don't sleep at night, I don't eat," said Roberto, who is a home inspector and a married father of two.

"And if I do eat, I eat basic stuff just to be able to be able to make ends meet."

Roberto said the tenant moved in in 2020, and by October, 2021 had stopped paying her rent — about $1,800 a month — on the condo located on Southampton Drive near Eglinton Avenue West and Winston Churchill Boulevard. He had an LTB hearing in late August, 2022, at which time he says he was told verbally by the adjudicator that he would be issued an eviction.

A coondo complex on Southampton Drive, Mississauga.
A view of the condo complex on Southampton Drive in Mississauga where Joe Roberto's one-bedroom unit is located. He's been waiting for an eviction order to get rid of his problem tenant since last August. (Mike Smee/CBC)

Almost six months later, that still hasn't happened ,despite daily calls and emails to the LTB, the provincial ombudsman's office and his MPP.

"Everyone in the government, every institution that I believe in, they've all failed miserably," he said.

The LTB wouldn't agree to an interview, but the board did say it "understands the impact that delays have on those who access our services" in an email to CBC Toronto.

"On average, written orders are generally provided within 60 days of a hearing," the email states.

"However, some orders may be delayed for a variety of reasons. It's important to know that the LTB has policies and procedures in place to ensure that all cases have a plan for completion."

In its 2022 annual report, the LTB notes that although landlord applications for eviction orders dropped from 46,000 in 2019 to 31,000 in 2022, the time it takes for orders to be issued in a timely fashion has increased. The report states that the board aims to issue orders within four business days of the last hearing date. In 2019-2020, that target was hit 58 per cent of the time. But by last year, that rate had dropped to 7.9 per cent of the time.

It's unclear why the delays are increasing. The LTB hasn't yet responded to requests from CBC News for clarification. But the annual report notes that "the LTB implemented several initiatives in 2021-2022 to continue to address backlogs and ensure timely and responsive service. A key component to support these initiatives was the hiring of additional LTB staff to assist with application processing, scheduling and issuing of Notices of Hearings and orders."

Elaine Page
Elaine Page, a paralegal who represents Joe Roberto, says long wait times for written eviction orders are not uncommon these days in Ontario. (CBC)

Elaine Page, the paralegal hired by Roberto, says she's dealt with hundreds of LTB cases, usually representing landlords, and she's also noticed an increase in wait times for orders.

"Some of them are taking six, eight, 10 months, even a year," she said.

'Nobody wants to be a landlord anymore'

"It has such a profound impact, particularly on small landlords ... The frustration level is so high that as soon as they get their units back, they're putting them on the market," she added.

"The rental market is diminishing."While the majority of her cases are dealt with within the 60-day threshold. the ones that fall through the cracks, like Roberto's, are "heartbreaking," Page said.

"These people work so hard to acquire these properties and then have this happen to them ... I spend half my time giving my clients a  shoulder. At the end of the day, I'm spent," she told CBC Toronto.

"Nobody wants to be a landlord anymore."

Meanwhile, Roberto says he's slowly sinking toward insolvency. He says he's having to come up with $3,000 to $4,000 a month to carry the condo and his family home.

"It's a struggle ... We live a very basic existence," Roberto said.

"I feel depressed, lonely, let down."

CBC Toronto tried to speak with the tenant, but there was no answer at her address.

ABOUT THE AUTHOR

Michael Smee

Reporter, CBC Toronto

Michael Smee has worked in print, radio, TV and online journalism for many years. You can reach him at michael.smee@cbc.ca