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Locked: Can you get evicted for paying the rent late repeatedly?

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  • Nov 20th, 2008 1:56 am
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Sr. Member
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Nov 13, 2003
545 posts
19 upvotes
Toronto

Can you get evicted for paying the rent late repeatedly?

And by late I mean 2-5 days, 8 months out of 12. Never later than 5 days and usually around 2-3 days late. We got an extremely harsh notice threatening us with eviction. I read on "Landlord Tennant Board" http://www.ltb.gov.on.ca/ (used to be Ontario Housing Tribunal) and I can't find anything. They can evict you for not paying rent but even then when they give the eviction notice you have a last chance to pay and if you pay you're good. But for being late?
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Deal Addict
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Aug 30, 2006
3568 posts
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If a tenant is late with their rent, what can the landlord do?

If a tenant does not pay rent on the date that it is due, the landlord can give the tenant a Notice to End a Tenancy Early for Non-payment of Rent (Form N4). This notice gives a tenant who pays rent monthly 14 days to pay the rent due or to move out. If the rent is not paid, and the tenant does not move, the landlord can make an application to the Board for an order:

* requiring the tenant to pay the rent that is owing, and
* evicting the tenant if they do not make the entire payment by a specified deadline

See the Board’s brochure on If a Tenant Does Not Pay Rent for more information.

If a tenant is often late with the rent, the landlord may give a Notice to Terminate a Tenancy at the End of Term (Form N8) for persistently paying rent late. Daily or weekly tenants must be given 28 days notice and in all other cases, the tenant must be given 60 days notice. In this case, the landlord can apply to the Board for an order evicting the tenant right after giving the tenant the notice.
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Feb 10, 2007
936 posts
I dont think this should be a problem, I look at it like if he needs to pay by the 30th, and he's always paying on the 7th of the next month, and repeats paying late payment he is still paying every 7th of each month which in conclusively is still every 30 days.

Logic makes perfect :)
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Member
Jan 2, 2007
217 posts
5 upvotes
Just curious, why doesn't he just pay it on the 30th when it's acutally due?
[OP]
Sr. Member
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Nov 13, 2003
545 posts
19 upvotes
Toronto
Thanks guys. I simply forget to pay it on time and at some point they had a notice on their billboard saying that if you're more than 10 days late you have to give them a certified cheque so I figured it's not a big deal if I'm late a few days.
Guess I was wrong. I set up a reminder in Google.

What really bothered me was the tone in their letter.... oh well, no big deal.

Edit: special thanks to rico, that was exactly the answer I was looking for!
Deal Addict
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Nov 15, 2005
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I see nothing wrong with that, the landlord has bills to be paid by a certain date and might require the funds. If the bills are paid late then the landlord might have to pay a certain fee.

There was an agreement when you moved in as to what day the rent was due by and it's expected that on that day, the rent will be paid.
Deal Guru
Aug 26, 2001
14695 posts
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North York
Why don't you just save yourself the trouble/stress and provide the landlord with 12 post-dated cheques?
[OP]
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Nov 13, 2003
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Toronto
boonjaca wrote:
Nov 19th, 2008 1:57 pm
I see nothing wrong with that,
I didn't ask if it was wrong or right. I know it's wrong.
[OP]
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Nov 13, 2003
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Toronto
konfusion666 wrote:
Nov 19th, 2008 2:03 pm
Why don't you just save yourself the trouble/stress and provide the landlord with 12 post-dated cheques?
That's a good idea, thanks for the suggestion but the thing is I'm not sure I will be there for another 12 months or even 6 months for that matter. I just set up a monthly reminder and I hope I won't be late again.
Member
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Nov 15, 2007
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Aurora
My stepdaughter got evicted from an aprtment building for this reason.

Her pay period was a payment on the 4th of each month. She always met the rent but stil got evicted along with others in her building.
Banned
User avatar
Oct 8, 2008
396 posts
Ottawa
You can be evicted if you pay late 3 times in a one year term.

Also, your late payments can be noted to the various credit bureaus.

You'll end up having to pay all of the property owners fees for the eviction. If you don't pay up, get ready for a collection agent to call you.
Deal Expert
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Nov 27, 2006
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Etobicoke
konfusion666 wrote:
Nov 19th, 2008 2:03 pm
Why don't you just save yourself the trouble/stress and provide the landlord with 12 post-dated cheques?
It's illegal for a LL to take post-dated cheques. Silly, but true.
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Oct 8, 2008
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Ottawa
Nikita wrote:
Nov 19th, 2008 3:48 pm
It's illegal for a LL to take post-dated cheques. Silly, but true.
No it's not.

Demanding post-dated cheques is not allowed.
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Jan 4, 2006
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St. John's
Newbieinvestor wrote:
Nov 19th, 2008 4:00 pm
No it's not.

Demanding post-dated cheques is not allowed.
+1

When I rented, my landlord asked for postdated cheques, but I said that I preferred to just give them a cheque every month, and it was no problem. Most people can remember to pay their rent on time.. lol
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Feb 6, 2005
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Nikita wrote:
Nov 19th, 2008 3:48 pm
It's illegal for a LL to take post-dated cheques. Silly, but true.
Somewhere in the back of my head I have this little factoid stuck, but I'll be darned if I can remember where I read this. Anyway, the factoid is that it's actually illegal to write post-dated cheques, something about fraud. Any truth to that, or have I mis-remembered or created a false memory?
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