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Can a landlord send collections agency after tenant without LTB hearing?

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  • Feb 15th, 2014 10:52 pm
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[OP]
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Apr 8, 2009
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Can a landlord send collections agency after tenant without LTB hearing?

Curious what the procedure is if a tenant is not paying rent.

Obviously they'd have to be evicted, but what if they already moved out? Can a landlord send a collection agency after the tenant without an order from the Landlord Tenant Board?
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Mar 21, 2006
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Burlington, Ontario
If you don't pay your bill (rent) then sure, why not send a collection agency after them?

What does the LTB have to do with it at that point?
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[OP]
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I'm not personally involved in this dispute, but just asking on behalf of a friend.

She was pressured into signing a renewal lease (just a form stating she'd like to renew her current lease at the end of the term) through misrepresentation etc. Landlord never provided her with a copy of what she signed or any of that. Then a few months later, her room mate signs a termination form stating that they'd like to terminate the lease for the entire apartment. Now the landlord is disputing the termination saying that if they dont take on the new lease at the end of the term, he's going to send collections after them.

Note that the termination is legal and within the specifications of Section 47 of the Residential Tenancies Act, which states that tenants must give at least 60 days advance notification prior to terminating a fixed period lease. They provided the notification well in advance of 120 days. Keep in mind that they wont be witholding any rent for this current lease/term.

But yeah, They plan on moving out regardless of what happens since its a run down unmaintained apartment - I was just wondering if he could just straight up go to collections to start accusing them of owing rent and ruining their credit or if he needs win a hearing from the landlord/tenant board before he does. My friend would end up fighting this to her teeth in court.
[OP]
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Apr 8, 2009
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Found the answer to my question: The answer is NO!

http://www.landlordselfhelp.com/educati ... 0of%20Rent
Q:How does non-payment of rent affect tenants' credit? Do I have to go through the Landlord/Tenant Board or should I contact Collection Agency?
A:Non-payment may only affect a tenants credit score if there is judgement order by the Landlord and Tenant Board or the Small Claims Court and the order is registered with the Small Claims Court for collection.
If anyone is interested in the outcome of this, i'll provide an update if you guys care lol.

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