After more than 16 months of unpaid rent, Windsor landlord Michael Portman thought he was seeing light at the end of the tunnel when the Landlord and Tenant Board (LTB) sided with him, issuing eviction notices to his tenants. Unfortunately for Portman, the battle was far from over. Just days before the tenants were set to vacate, they successfully filed to stay the eviction, putting the case on hold yet again.
This saga has become increasingly frustrating for Portman, who first spoke to CBC News back in March, expressing hope for prompt resolution to his case. At the time, the LTB had already delayed proceedings, and Portman’s experiences highlighted the struggles many landlords face with tenant disputes.
Portman reflected on the latest setback, saying, “I couldn’t even feel angry. I was just numb. It wasn’t shock; I knew this could happen. It just seemed like another failure of the system.” Indeed, this temporary pause was issued after tenants claimed they hadn’t been informed of important hearing dates, triggering procedural safeguards meant to protect tenants from wrongful evictions.
The situation has left Portman facing over $28,000 owed to him, plus mounting legal fees. He had rented out one unit of his duplex since 2021, but soon after the tenants moved in, they stopped paying altogether. According to documents obtained by Portman, the LTB had previously instructed the tenants to either pay the overdue rent or move out by the end of October. If they failed to comply, they were set to be evicted on November 7.
But just three days before the scheduled eviction, the tenants managed to file for yet another stay, leaving Portman again powerless. “I’m trapped. I have no control over my life,” he lamented, criticizing the lengthy proceedings and the lack of support for landlords like himself.
Local policymakers have acknowledged the persistent issues facing the LTB. Windsor-Tecumseh Member of Provincial Parliament (MPP) Andrew Dowie stated, “There’s still work to do on the timeliness of the LTB,” but also pointed to recent improvements, including funding from the provincial government aimed at expediting processes.
Last April, the government invested $6.5 million to increase staff staffing at the LTB, doubling the number of adjudicators who can now hear cases more efficiently. Dowie reported, “They’re getting through far, far more cases now than ever before.” Nevertheless, the vast sizes of caseloads—particularly those addressing non-payment of rent—means many landlords like Portman continue to experience delays.
Launched to address the backlog, LTB has made strides with its monthly processing times. For non-payment of rent disputes, cases are now being scheduled to be heard within roughly three months instead of taking up to ten months earlier. Portman’s case, sadly, falls under the ‘exception’ clause of delays, due to the stays and consequent reviews pending.
Meanwhile, community advocates like Lilian Bahgat, supervising lawyer at the Community Legal Aid program at the University of Windsor, have expressed concerns over the effectiveness of the current reforms. Working primarily with tenants on housing issues and maintenance problems, Bahgat stated they’ve seen little improvement and are still frequently hearing complaints about lengthy delays.
Bahgat noted, “We have several cases pending for months; from our clients' perspective, we’re not seeing those efficiencies.” She emphasized the complexity and nuance involved with eviction cases—often hinting at underlying issues such as repairs or financial struggles, which can cloud the core dispute and prolong resolution.
Turning back to Portman, the status of his eviction case remains uncertain. He’s bracing himself for even more prolonged proceedings. The stay on the eviction order means there’s quite literally no end date—until the LTB gets to hold its rescheduled hearing. If the review application is granted, both sides will present their arguments, leading to another decision from the LTB.
Despite the complications, Portman expresses fatigue from the entire process. “I just want this to be over,” he said, indicating his desire to sell the property and find peace away from the rental market. “I have lost faith in the law as it stands. It has utterly failed me.”
This situation reflects broader systemic challenges faced by small landlords who often find themselves caught between regulatory frameworks and the realities of tenancy disagreements. With each passing month and every stalled process, the need for effective reform surfaces, not just for landlords, but for tenants as well who are often at the mercy of convoluted proceedings. The hope, at least among some advocates and MPPs, is for future improvements to cultivate efficiency at the LTB, sparing others lengthy experiences like Portman's.
