Real Estate

Can I bring Small Claims case just before LTB hearing?

  • Last Updated:
  • Feb 15th, 2020 5:22 am
[OP]
Newbie
Apr 12, 2019
6 posts
1 upvote

Can I bring Small Claims case just before LTB hearing?

Hi, please help if you know.
I’m afraid my professional tenant will soon run with 15k of unpaid rent. Hearing at the Landlord & Tenant Board (LTB) for eviction is end of month.
Knowing they may not pay and/or may never show up for the hearing, can I put together a case through small claims court in order to be sure that he is served with all documents before he goes into hiding?

I figure, worst case scenario is he shows up to the LTB with some money and therefore I have to re-file my case with small claims and spend time looking for him as he won’t willingly give me his new address.

What to do? I phoned the Board and all the advice the person could give me as landlord is, “ we don’t deal with small claims.”
...Well, I knew that already, I just need guidance; how do I ensure I bring a case before he runs away to some unknown place?

Thank you all
3 replies
Newbie
Nov 28, 2019
26 posts
9 upvotes
Sorry your going through this I really understand what your going through since I have been going through something very very similar, professional tenants owe me 3k in utilities and also they are suing me for a false injury
[OP]
Newbie
Apr 12, 2019
6 posts
1 upvote
Hi Nina23, thanks for your reply. It is crazy how unfair this system is. I didn’t bother to mention but tenant also owes me $1k in utility; this one never mind you can’t even mention it to the LTB. Which province are you in? Please PM if you like. Thanks
[OP]
Newbie
Apr 12, 2019
6 posts
1 upvote
Any paralegals or lawyers here? I remain wondering; Can a Landlord and Tenant Board matter be turned to a Small Claims Court matter just less than a month from the LTB hearing?
Thanks!

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