Woman risking homelessness because tenant won't leave gets eviction hearing date

An Ottawa womanwho bought a home this April but still can't move in becausea tenant refuses to leavewill finally be able to state her case to evict her tenant atan Ontario tribunal.

Elsie Kalutold CBC News inlate October that the province and the Landlord and Tenant Board (LTB) had failed her and her young daughter, who has autism. She said the two may soon become homeless due to months-long delays at the board to schedule herhearing.

Her property in the Ottawa suburb of Orlanscame with a tenant and another male occupant, she said, who refusesto leave or pay rent. It'sforcing her to cover more than $5,000 a month in expenses forthe home she's currently renting and the homeshe bought.

After buying the home, Kalu saidshe lost her job as a financial adviser afterracking up loans and credit debt. She isfacingthreats of foreclosureandstruggling to pay for her daughter's critical therapy.

Kalu filed two applications with the LTB,which makes decisions on landlord-tenant issues. One isfor non-payment of rent and the other is to evict the tenant so she canmove into her property.

A lawyer representing the occupants had told CBC that Kalu should go through the LTB"if she believes that she is actually owed rent."

A week after CBC reported Kalu's story, she received an approval letter from the LTBgranting her an expedited hearing a request the board had earlier rejected twice.

The hearing is set for Dec. 12.

"I'm going to be hopeful and prayerful, and hope I get my house back," she said."I just want ... to be able to start rebuilding my life."

Though she's received some backlash on social media,Kalusaidshe's "very humbled and thankful"for the support she's received from Ottawans and strangers across Canada.

People have donated close to $20,000 to Kaluthrough GoFundMe,and several have written letters on her behalf to MPPs, city councillors, the mayor and premier, Ontario's Attorney General, and the ombudsman, among others.

"I didn't expect as much feedback. I didn't expect so much support," said Kalu. "Some people have contributed way more than I thought was possible."

Kalu's requesthad'dramatic flair':LTB adjudicator

In September, the LTB denied Kalu's request for an expedited hearing, saying her situation wasn't urgent enough, according to its prejudice threshold.

A few days after CBC published herstory,a differentadjudicator sent Kalu another rejection dated Oct. 27, addressing her request for reconsideration.

It took a lot of push.- Pearl Karimalis, Kalu's paralegal

"The Landlord has restated the request and provided some additional dramatic flair which shall not be referenced here," wrote Robert Patchett, an LTB vice-chair.

"I am not satisfied that there are substantial changes in circumstances to warrant a reconsideration of this request."

But four days later, on Oct. 31,the LTB sent Kaluanother letter stating it had changed its mindand approved an expedited hearing.

"The request to shorten time for [the non-payment application] was not substantively addressed," reads the final approval letter, written by vice-chair Ian Speers.

"I am satisfied that the stated facts and financial circumstances support the Landlord's contention of prejudice were the matter to schedule in the normal course."

Kalu thinks the "public uproar" may have contributed to her approval.

"I appreciate it ... I'm very happy it happened. But it shouldn't have to go through this extensive begging," she added.

Family hasa long wayto go: paralegal

Pearl Karimalis, Kalu's paralegal, saidher client's journey is far from over.

She saidit took her client almost seven months after first applying to the LTB to get approved for a so-called "expedited" hearing.

The LTB has a service standard to schedule hearings within 25 business days, but nowsays ittakes an average of seven to eight months for a normal hearing.

"[Kalu] had a good job, a successful career, and she was brought to her knees. And so, yes, we're celebrating in a way. She got her hearing not without a battle," said Karimalis.

But Karimalis noted it could take several more months to get a decision after the hearing, and to havethe sheriff'soffice come and enforce anevictionif she is granted one.

Hearings can also bedelayed for various reasons, she explained.

"It took a lot of push," said Karimalis. "But the delays aren't over."

As forthe LTB vice-chair'scharacterization of Kalu'ssubmissionshaving "dramatic flair," Karimalis calledthe choice of words "disappointing" and inappropriate forpeople in vulnerable situations. Kalu agreed.

"He 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 contacted Michael Thiele, the tenant's lawyer, for an interview, but he did notrespond.