Real Estate

The Toronto Star - You’re late on rent and threatened with eviction — what can you do? Don't Pay!

  • Last Updated:
  • Oct 22nd, 2019 11:27 pm
Deal Addict
Mar 20, 2017
1370 posts
1165 upvotes
heynayjk wrote: References can be easily faked. They can just provide a reference to a friend who pretends to be a landlord. You as a private individual cannot place record into a tenants credit history. Lastly even if you get a judgement for unpaid rent, it's almost impossible to collect unless you know the specific branch the tenant has their bank account or their employer.

In other words, you're f'ed as a landlord.
Is it your assumption or you can support it by evidence?
Lawyers and realtors can easily check who is on title of that property. There are also multiple psychological workarounds to make indirect verification during the call.
I never tried to place debt record(public complaint record) because I never had such a bad tenant, but as far as I know, nothing prevents you from doing it, if record is identified. All you need is some time, and some paperwork that proves that debt exists.
Most people cannot place such record because record was NOT identified and they cannot provide SIN, date of birth, address on the record etc.
That is the whole idea of checking credit history actually...Don't tell me you are interested if applicant pays his line of credit on time....
Deal Fanatic
User avatar
Dec 16, 2015
5405 posts
5751 upvotes
Distance: 50 Metres
poorwingman wrote: LOL

The better comparison would be if someone came and took oil from your well without paying. And then the newspaper explained how that person could ignore your requests and avoid payment for several months. Would it be the newspaper's fault for providing a road map for delinquent payment?

I mean.. you knew the risk that you have oil and other people want it.
LOL

The better comparison would be if someone came and took money from your bank without paying. And then the newspaper explained how that person could ignore your requests and avoid payment for several months. Would it be the newspaper's fault for providing a road map for delinquent payment?

I mean.. you knew the risk that you have money and other people want it.
To the moon
Deal Addict
Jun 19, 2007
1618 posts
2254 upvotes
Halifax
poorwingman wrote: LOL

The better comparison would be if someone came and took oil from your well without paying. And then the newspaper explained how that person could ignore your requests and avoid payment for several months. Would it be the newspaper's fault for providing a road map for delinquent payment?

I mean.. you knew the risk that you have oil and other people want it.
Not really. It's more like you're an oil company and you have a contract to provide oil monthly over the course of a year. The place you're delivering to would normally have to pay you within 30 days of delivery (net 30 terms prevalent in most businesses, which is the first big deviation in the rental industry). If they don't, then you can start charging interest, and if it goes on too long and you think there's a real issue that you might not get paid, you can apply to the courts to have the contract voided for fundamental breach. Just because the person who owes you money is a few days late in and of itself generally isn't reason enough to either get you out of your contractual obligations nor void the contract, particularly if you were say delivering oil to an off grid hospital for generators. Again, to get a concrete decision on when a fundamental breach has occurred and voided the contract, you often need to get some sort of arbitrator or court involved.

Even if they haven't paid, and the contract successfully is voided, at no point is their obligation to pay you for what was received before abated or eliminated.

I'm not sure why people think RE is special. Companies (which is what you are) get bad debt all the time. Stores have stuff stolen all the time. It isn't fair, it isn't right, but It's a cost of doing business frankly. The only way to ensure no one steals from your store is to shut the doors, and the only way you can ensure no one ever burns you on rent is to not do so.
Deal Expert
Feb 29, 2008
21738 posts
21353 upvotes
Tarrana & The Ri…
seadog83 wrote: Not really. It's more like you're an oil company and you have a contract to provide oil monthly over the course of a year. The place you're delivering to would normally have to pay you within 30 days of delivery (net 30 terms prevalent in most businesses, which is the first big deviation in the rental industry). If they don't, then you can start charging interest, and if it goes on too long and you think there's a real issue that you might not get paid, you can apply to the courts to have the contract voided for fundamental breach. Just because the person who owes you money is a few days late in and of itself generally isn't reason enough to either get you out of your contractual obligations nor void the contract, particularly if you were say delivering oil to an off grid hospital for generators. Again, to get a concrete decision on when a fundamental breach has occurred and voided the contract, you often need to get some sort of arbitrator or court involved.

Even if they haven't paid, and the contract successfully is voided, at no point is their obligation to pay you for what was received before abated or eliminated.

I'm not sure why people think RE is special. Companies (which is what you are) get bad debt all the time. Stores have stuff stolen all the time. It isn't fair, it isn't right, but It's a cost of doing business frankly. The only way to ensure no one steals from your store is to shut the doors, and the only way you can ensure no one ever burns you on rent is to not do so.
Bless you for trying.
Newbie
Oct 28, 2018
45 posts
90 upvotes
sircheersa wrote: Nice guys finish last
Hey, if you can look yourself in the mirror and feel good about who you are, who's some random asshole on the internet to judge.
Banned
Aug 23, 2019
897 posts
470 upvotes
CondoMan98 wrote: Anyone willing to argue with you are either stupid liberals or jealous bears who can’t afford to buy. There is a huge bias against landlords; renters are extremely entitled. Soon soon, many will be forced out to Brampton and Newmarket as rents go higher.

Sorry bears, time to pack up and go!
wow, that's a wide brush stroke, and RUDE..
Im liberal. Does that mean Im not pro-commerce? What does being liberal have to do with running a business?
Ridiculous comment. .
Banned
Aug 23, 2019
897 posts
470 upvotes
heynayjk wrote: References can be easily faked. They can just provide a reference to a friend who pretends to be a landlord. You as a private individual cannot place record into a tenants credit history. Lastly even if you get a judgement for unpaid rent, it's almost impossible to collect unless you know the specific branch the tenant has their bank account or their employer.

In other words, you're f'ed as a landlord.
yes and no.
if you win, you can pay the court to send out notices to the banks to garnish/freeze their accounts. The problem is that it's about $100+ per letter, per bank... So if you want to hit the major 5, that's over $500+.,

and that wouldn't; include any online banks.. Eg. scotia has tangerine.... cibc has simplii...... those don;t get looped into the same garnishment request.

it;s crazy..

things are definitely stacked against the landlord. it's total bs.
Penalty Box
Aug 26, 2017
494 posts
115 upvotes
Doebird wrote: yes and no.
if you win, you can pay the court to send out notices to the banks to garnish/freeze their accounts. The problem is that it's about $100+ per letter, per bank... So if you want to hit the major 5, that's over $500+.,

and that wouldn't; include any online banks.. Eg. scotia has tangerine.... cibc has simplii...... those don;t get looped into the same garnishment request.

it;s crazy..

things are definitely stacked against the landlord. it's total bs.
I thought there was a law in place that you had to know the specific branch of the bank account to garnish funds
Banned
Aug 23, 2019
897 posts
470 upvotes
heynayjk wrote: I thought there was a law in place that you had to know the specific branch of the bank account to garnish funds

the garnishment is issued in the name of the person.. usually a date of birth/address to help identify the person is included.
it goes to bank head office and then it's disseminated to the branch from there for processing. or vice versa depending on the banks processes.

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