Landlord says his tenants stopped paying rent months ago. But he's in limbo until case is heard

Windsor, Ont., landlord Michael Portman says that while he's had his fair share of bad tenants over the last 10 years, it's never been this bad. 

About nine months ago, Portman says, his tenants stopped paying their rent. Since then, he's served the tenants several notices to end their tenancy, and they have also been served notices for allegedly damaging the unit, he says.

But until the case gets heard at the Landlord and Tenant Board (LTB), there's not much Portman can do. 

He says he's had two hearing dates: one in January that he claims was pushed ahead because of the tenants, and another in February that he says didn't happen because there were too many cases being heard that day. 

Even if his case is successful at the LTB, Portman worries he might never see the more than $14,000 he says he's owed in rent. 

"I don't want anything to do with being a landlord after this experience," Portman said.

"When I do finally get a settlement with this case, I'd like to sell the house and be rid of the whole hassle." 

The tenants did not want to go on record with CBC News, but said they disagree with the claims made against them. 

Portman isn't the only one whose case is being held up by LTB delays. Similar stories are playing out across Ontario, where both landlords and tenants feel their issues aren't being resolved in a timely manner. 

As of March 31, 2023, there were 53,057 backlogged cases, according to Tribunals Ontario's most recent annual report.  

Of the 64,450 landlord applications that the board received during the 2022-2023 year, more than 37,000 of them were regarding evicting tenants for not paying their rent. 

Delays stressing out landlord

Portman says he rented the Walkerville property before buying it and the adjoining home in 2014.

The current tenants, a family of three, moved into one side of the duplex in December 2021.

According to Portman, the tenants have never paid the $1,800 monthly rent on time, which has forced him to repeatedly notify them that their rent is late. The rent would cover the mortgage for the entire property, according to Portman. 

He says he is working, so is able to cover the payment with his earnings. 

"I've been dealing with a lot of stress," he said. 

"My doctor put me on blood pressure medication." 

He says a contractor went through the house and found more than $14,000 worth of damages. He's also waiting for an LTB hearing date on that.

LTB 'expects to make real progress in 2024' 

In an email, the LTB said it has "implemented a number of strategies to reduce backlogs, including streamlining processes and providing adjudicators with additional training to support efficient file and hearing management." 

As a result, it "expects to make real progress in 2024." 

It says that the active case count at the LTB continues to be "higher than ideal despite service improvements," it is getting through more cases. 

In 2022, it says, it held more than 49,000 hearings and in 2023, it held more than 70,000 hearings — a 40 per cent increase. 

It also said it is getting to urgent matter hearings quicker, with the wait on average being five to six weeks, where at the start of 2023 it was eight or more weeks. 

The LTB says that to help it reduce its backlog, it has hired 43 full-time and 27 part-time adjudicators since May 2023. 

Once all of its new full-time adjudicators start holding hearings, which it expects will be in April, it anticipates that there will be "significant reductions in the backlog." 

In an emailed statement, Windsor-Tecumseh MPP Andrew Dowie told CBC News he shares the "frustration" of the residents he has spoken to about timelines and procedures at the LTB. 

"The status quo is not OK," part of Dowie's statement reads. 

He says he's brought forward cases that he's heard from local landlords and tenants to the attorney general. Dowie acknowledged the service changes the LTB has made and the improvements it has seen in the last year. 

He noted the government has made several investments into the LTB, including $6.5 million in April last year to hire more staff. 

Can't 'throw money' at the board, says former lawyer 

James Yaworsky is a retired lawyer who also worked with the University of Windsor's Community Legal Aid. He says the legal clinic has handled thousands of landlord and tenant cases. 

He says delays at the LTB are causing cases to become more complex, because as people wait for a hearing date, the list of issues between the landlord and tenant often grows.

"It's not something you can just throw money at," Yaworsky said of the issues at the LTB. 

He says highly skilled adjudicators are needed to clear the backlog. 

He also suggested that the LTB eliminate hearings for cases where tenants aren't paying rent. 

"It's got to be the simplest application to deal with, you ... either can prove you've paid the rent or you can't," he said. He added the board should also bring back in-person hearings as he believes they were more efficient. 

While he believes the LTB will eventually be relieved of its backlog, he's not sure it'll happen any time soon.