Video of Canadian landlord evicting Indian tenant goes viral; internet demands ‘proper information’

A video circulating on social media shows a landlord in Canada throwing out the belongings of an Indian man.

A video recording a Canadian landlord forcefully evicting his tenant, an Indian, has gone viral on social media with wide reactions. In the very short, 15-second footage, the tenant is seen standing helpless, shirtless, as the landlord takes his possessions out. His video has gone viral and garnered more than four million views, provoking a discussion around landlord-tenant relations in foreign lands.

Jist said, “A Canadian landlord was caught on video throwing out the belongings of an Indian tenant who allegedly refused to vacate the property. The incident occurred in Brampton, Ontario, and has since gone viral, sparking outrage online.

In its caption, it said, “Tenant claimed he was not duly evicted. Video of landlord throwing items outside the house in public while tenants protest. It has brought into question tenant rights and proper procedures to evacuate in Canada.

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For most users on social media however, video does not give the full picture of events that must have ensued.

One Instagram user commented: ” Pretty sure not Brampton. It’s really hard to evict the tenant in Ontario. The tenant can take the landlord to court and basically stay rent free until it is resolved, which can take months to almost 1.5 years. This might just be a case of tenant not holding themselves to the rules of the landlord and they were being tussled out.”.

Another viewer wrote, “I really do miss ‘real’ news channels while saying these videos with no context… Just for people with two sides of opinion fighting it out!”

Some users also sneered at the situation through their funny comments. “I support landlord,” said one of the viewers. “Indian being Indian not taking warning seriously,” wrote another user.

## Undocumented Indians caught entering US from Canada

The United States of America-Canada border is nearly 9,000 kilometers long, is the world’s longest open border and is nearly thrice the length of India’s 3,400-km border with China.

Data reviewed by The Indian Express showed that the number of undocumented Indians crossing over from Canada to the US on foot has reached an all-time high. The number stands at 5,152 in June alone. This spike has placed Canada’s visa screening process under the lens-more so, due to parallel concerns over Canada-bound Indian passengers seeking asylum in the UK while in transit.

Regarding tenancy rights and responsibilities in Canada, renting a house in the country provides protection for the tenants in the rental situation. Some of the key concerns include:

Right to Habitable Space: In tenancy rights, it would be the right to occupy the space under a safe and maintained condition while there.

Protection Against Discrimination: There is protection against discrimination by race and gender and others.

Notice for Rental Hike: The 90 days notice to hike up the rent for an increase in the amount of the rent.

Legal Protections: New legislation, including the proposed Renters Bill of Rights, will help further improve protections for tenants through addressing renovictions and creating standard lease agreements.

##How Can Tenants Protect Themselves from renovations?

Tenants in Canada can protect themselves from renovictions through the following strategies:

Know Your Rights: Be aware of the local laws that include the statutory conditions for lawful eviction and a certified professional’s report indicating that demolition or development involves such a situation.

Right of First Refusal: Keep the right to re-enter once the works undertaken on your rented apartment are completed. Before you leave, be sure to notify your landlord of your intent to return.

Get Updates: Request your landlord to update you on the status of renovations and when the unit will be ready for occupancy .

Keep Records: Obtain evidence of all communication between you and your landlord, including notice and updates of renovations.

Visit Legal Aid Services or Tenant Advocacy Groups: If you feel that the renoviction is not fair, have legal aid services or tenant advocacy groups to help present your case against the eviction6.

All this can help the tenant navigate the process without being ripped off and ensure the rights he has.

 

 

##What are penalties for landlords committing renovictions?

Landlords in Canada engaging in renovictions can be held liable for massive penalties. For example, if one fails to provide tenants with the right to return after renovation, they can face fines of up to $35,000 for every affected tenant. Proposed reforms include increasing the maximum fines for violations to $100,000 for individuals and $500,000 for corporations2. The legislature further made it a requirement for landlords to provide adequate documents and updates for renovations and that failure to do so may lead to further legal actions56. This is in the light of protecting tenants from wrongful eviction masqueraded as renovation.

##How does the 60-day grace period work when the tenant is returning after renovation?

The 60-day grace period allows the tenant to be readmitted to the rental unit once the renovation is completed. This is how it works:

Notification Requirement: Tenants have to be given notice in writing by the landlords when the unit is ready for occupation, including updates in relation to the renovation process.

Grace Period: At least 60 days are provided to the tenants to return after notification15. This grace period allows them to get things arranged for their present residence, if they have given notice to their landlord where they are temporarily staying.

Right of First Refusal: The same rent at which the tenants were paying before renovation is given to them for re-occupation, and the landlords cannot charge more than that12.

This is a framework to protect the tenants from unfair eviction during renovation.

##What are the written notices landlords should provide when renovating?

Renovation Notice: During renovation, landlords in Canada are mandated to provide these written notifications to their tenants:

Notice of Intent: A comprehensive written notice prior to renovation. This includes the type of work, expected start and end date for renovation, and potential effects on the tenant.

Status Updates: Regular notices regarding the status of renovation, including estimated dates of completion and date changes thereof.

Final Notice: A final written notice once the renovations are finished indicating when the unit is available for re-occupancy.

These notices place the tenant on notice and enable them to be able to take advantage of their right of first refusal to return to their unit after renovations are done.

## What happens if the landlord does not provide notice.

However, if a landlord fails to provide the notice required before commencing renovations, then some of their punitive measures may include:

Litigation: Tenants may contest the eviction notice or argue that the landlord’s action is unlawful and thus may lead to litigation

Penalties: For example, in Ontario, they could be fined up to $500 per day for failing to observe the requirement to provide notice before commencing renovations, or in the very least, some penalties may be meted out.

Compensation: Tenants have a right to compensation, which may include financial reparation in the form of compensation for any disturbance.

Inability to Evict: Failure to give the correct notice lengthens the process of eviction. This makes it difficult for a landlord to lawfully evict tenants from the property

##Typical Notice Periods in Days

In Canada, the legal notice periods are different for each type of notice.

General Termination of Lease: Generally, the landlord has to provide a minimum of 30 days’ notice in order to end a tenancy without grounds.

Contravention of Tenancy: In the case of ending tenancies for contravention, landlords must provide notice of the contravention, giving the tenant a period of typically 3 to 5 days to amend the contravention.

Cure or Quit Notice: It allows tenants to cure the breach of non-payment of rent with a time frame that is far greater than in a case involving a default in paying rent.

Unconditional Quit Notice: Tenants may be served an order to vacate a dwelling with a period of 5 to 10 days, should they be alleged guilty of other serious misbehaviors.

These durations may vary according to state regulations and specific contract terms.

##How is a notice period longer in case of a term contract as compared to a tenancy-at-will contract?

Notice Periods of Fixed-term and Permanent Contracts in Canada

The notice periods for fixed-term and permanent contracts differ in Canada:

Fixed-term Contracts

A fixed-term contract terminates automatically when the set end date is attained. A landlord or employee is obligated to serve written notice a minimum of 1 month if they do not want to renew the contract before it ends.

Permanent Contracts: The duration of notice differs according to the local law as well as the length of employment. For permanent or fixed-term contracts, there should be a minimum of 30 days; however, that period may be longer, depending on the length of service (one week for each year served).

These variations ensure both parties know what to expect in terms of termination and renewal.

## What are the legal rights and obligations if no proper notice is given for fixed-term contracts

If a landlord fails to serve a proper notice regarding the fixed-term contract, it may have consequences in terms of the law as follows;

Compensation: Tenants are entitled to compensation generally equal to one month’s gross salary if no notice at all is given. If the notice was served late, then the compensation is in proportional minutes; in other words, one week’s salary if served one week late.

Legal Procedure: The tenant can challenge the eviction or seek proper legal recourse for non-compliance with notice requirements.

Contractual Obligations: Failure to specify renewal terms can make the previous terms of the contract binding, even on the landlord .

These penalties are designed to protect tenants from foul play and make landlords comply with all statutory obligations.