An Ottawa woman who bought a home this April but still can’t move in because a tenant refuses to move out will finally be able to state her case to evict her tenant in an Ontario court.
Elsie Kalu told CBC News in late October that the province and the Landlord and Tenant Board (LTB) had failed her and her young daughter, who has autism. He said the two could soon be homeless because of months-long delays at the board in scheduling their hearing.
Her property in the Ottawa suburb of Orléans came with one tenant and another male occupant, she said, who refuses to leave or pay rent. It forces you to cover more than $5,000 a month in expenses for the home you currently rent and the home you bought.
After buying the house, Kalu said she lost her job as a financial advisor after racking up loans and credit debt. She faces foreclosure threats and struggles to pay for her daughter’s critical therapy.
Kalu and her daughter are at the entrance of the house. After going public with his struggles in October, the LTB granted him an expedited hearing after initially denying it twice. (Francis Ferland/CBC)
Kalu filed two applications with the LTB, which makes decisions on landlord-tenant matters. One is for non-payment of rent and the other is to evict the tenant so they can enter your property.
A lawyer representing the occupants had told the CBC that Kalu should go through the LTB “if he believes he is actually owed rent.”
A week after CBC reported Kalu’s story, he received an approval letter from the LTB granting him an expedited hearing, a request the board had twice previously denied.
The hearing is set for December 12.
“I’m going to be hoping and praying, and hoping to get my house back,” she said. “I just want… to be able to start rebuilding my life.”
Although she has received some backlash on social media, Kalu said she is “very humbled and grateful” for the support she has received from Ottawans and strangers across Canada.
People have given Kalu nearly $20,000 through GoFundMe, and several have written letters on his behalf to MPs, city councillors, the mayor and premier, Ontario’s attorney general and ombudsman, among others .
“I didn’t expect this much feedback. I didn’t expect this much support,” Kalu said. “Some people have contributed much more than I thought possible.”
Kalu’s application had a “dramatic whole” – LTB adjudicator
In September, the LTB denied Kalu’s request for an expedited hearing, saying his situation is not urgent enough under its prejudice threshold.
A few days after CBC published its story, a different adjudicator sent Kalu another rejection dated Oct. 27, addressing his request for reconsideration.
It took a lot of pushing. – Pearl Karimalis, Kalu’s paralegal
“The owner has reiterated the request and provided an additional dramatic touch that will not be referenced here,” wrote Robert Patchett, vice president of LTB.
“I am not satisfied that there have been any substantial changes in circumstances that warrant a reconsideration of this application.”
But four days later, on Oct. 31, the LTB sent Kalu another letter saying it changed its mind and approved an expedited hearing.
“The request to shorten the time for [the non-payment application] was not substantively addressed,” says the final approval letter, written by Vice President Ian Speers.
“I am satisfied that the facts and financial circumstances stated support the owner’s contention that the prejudice should have been scheduled in the normal course.”
Kalu believes the “public moment” may have contributed to his approval.
“I appreciate it… I’m very glad it happened. But I shouldn’t have to go through this long begging,” she added.
The family has a long way to go: paralegal
Pearl Karimalis, Kalu’s paralegal, said her client’s journey is far from over.
He said it took his client nearly seven months after first applying to the LTB to get approval for a so-called “expedited” hearing.
The LTB has a service standard of scheduling hearings within 25 working days, but now says it should take an average of seven to eight months for a normal hearing.
“[Kalu] he had a good job, a successful career and got down on his knees. And so, yes, we are celebrating in a way. He got his audition, not without a battle,” Karimalis said.
Kalu has an earlier LTB filing that denied an expedited hearing because it said his issues weren’t urgent enough. (Francis Ferland/CBC)
But Karimalis noted that it could take several more months for a decision to be made after the hearing and for the sheriff’s office to come enforce an eviction if one is granted.
Hearings can also be delayed for various reasons, he explained.
“It took a lot of pushing,” Karimalis said. “But the delays are not over.”
Regarding the LTB vice president’s characterization of Kalu’s presentations as having “a dramatic style,” Karimalis called the choice of words “disappointing” and inappropriate for people in vulnerable situations. Kalu agreed.
“I could have said the same thing with a more polite warning,” Kalu said.
The Landlord Tenant Board did not respond to CBC’s questions by deadline.
CBC has reached out to Michael Thiele, the tenant’s lawyer, for an interview, but he did not respond.