Real Estate

In case of eviction

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  • Oct 16th, 2020 12:05 pm
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[OP]
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Dec 13, 2016
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In case of eviction

In case I have to evict someone for non payment or late payment, what would be the shortest, least hassle way of removing a tenant?

By serving N4 notice or by serving N12

I would have no problem with a 1 year requirement moving in.
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Member
May 7, 2015
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Toronto, ON
BiegeToyota wrote: In case I have to evict someone for non payment or late payment, what would be the shortest, least hassle way of removing a tenant?

By serving N4 notice or by serving N12

I would have no problem with a 1 year requirement moving in.
Shortest? Pay them to leave. Both methods you mentioned are the longest with the most hassle
[OP]
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moeymoeymoeymoe wrote: Shortest? Pay them to leave. Both methods you mentioned are the longest with the most hassle
Not going to happen. I am not rewarding bums.
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May 7, 2015
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BiegeToyota wrote: Not going to happen. I am not rewarding bums.
I can understand that. But just consider this: if you can pay them to leave you can place your home on the market immediately. The governments method will take months, it will cost you just to apply for a hearing (it’s not cheap), then you potentially won’t be able to rent for a year depending which way you go.

Ask your self how much will it cost you to pay them to leave vs no rent for x months and then LTb hearing fees.

With all that being said do the one that says non payment you can evict then rent again.
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Jan 6, 2012
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moeymoeymoeymoe wrote: The governments method will take months, it will cost you just to apply for a hearing (it’s not cheap), then you potentially won’t be able to rent for a year depending which way you go.
I know someone who used this tactic...she is living in a basement apartment and landlord gave her notice to move, she stalled the whole process by getting legal council and forcing the N12 issue, it is now 4 months later since I had heard about her situation and she is still going through the process of getting the case heard so that she can get her "90 days notice" to find another place...she feels she is doing them a favor by going through this process rather than them paying her what she feels the courts would award her for her hardship $25k. It makes me sick hearing about it, because while i know she ultimately is afraid of having to live with family, or an unpleasant roomate situation, or a shelter, or worst homeless...this is really tenants' rights gone to far. If you've been asked to leave, you shouldn't overstay your welcome like that...i would have understood if maybe from the time she was asked to leave she just negotiated getting her 90 days to look for a place and left. Instead she just used the legal process to stop the clock to take forever to leave and/or threaten landlord with 25k penalty.
[OP]
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Nothing dramatic has happened yet, but I am experiencing the first late payment,... so gathering info just in case.

It looks like in the case above it is just better to go with NR4.

Anyway, I have no issue staying for 1 year. It would do me good to be back in Toronto ;)
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Mar 23, 2008
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BiegeToyota wrote: Not going to happen. I am not rewarding bums.
So you’ll pay them the one months compensation for the N12, but not pay them to leave?

C
[OP]
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CNeufeld wrote: So you’ll pay them the one months compensation for the N12, but not pay them to leave?

C
Yes. I'm not Charlie Sheen.
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I've heard before if they are late, you can contact Transunion or Equifax and get the late payment added to their credit history. You just need two pieces of the tenants ID to do so.

Anyone have experience doing this?
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Member
May 7, 2015
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BiegeToyota wrote: Nothing dramatic has happened yet, but I am experiencing the first late payment,... so gathering info just in case.

It looks like in the case above it is just better to go with NR4.

Anyway, I have no issue staying for 1 year. It would do me good to be back in Toronto ;)
Ohhhh . lol no biggie then first late payment?
My tennents are late every other month but they’re good people and theyve been my tennents for over 6 years

Don’t be one of those landlords. As a tennent if I had a landlord always on my ass I’d intentionally screw with them. Law is on the tennants side
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moeymoeymoeymoe wrote: Ohhhh . lol no biggie then first late payment?
My tennents are late every other month but they’re good people and theyve been my tennents for over 6 years

Don’t be one of those landlords. As a tennent if I had a landlord always on my ass I’d intentionally screw with them. Law is on the tennants side
Late is late, some people will abuse it.
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Sep 8, 2007
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If late definitely get an N4 filing on record and issue them everytime they are late. I did that once and never got a late pymt again. But for eviction a track record of having to issue N4’s helps your case. They aren’t going to evict for a tenant being a day late once.
"It is in times of great fear or greed that the most opportunity exists."
[OP]
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moeymoeymoeymoe wrote: Ohhhh . lol no biggie then first late payment?
My tennents are late every other month but they’re good people and theyve been my tennents for over 6 years

Don’t be one of those landlords. As a tennent if I had a landlord always on my ass I’d intentionally screw with them. Law is on the tennants side
Yea, no biggie. I was really more curious about what would a better (faster, easier) method me for reclaiming property.
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BiegeToyota wrote: Yea, no biggie. I was really more curious about what would a better (faster, easier) method me for reclaiming property.
All the tenant has to do is catch up on their rent, and the N4 becomes invalid. However, as Cartfan123 stated, you can use the history of late payments (even if they catch up each time) to terminate their lease once they're on month to month (N8 form). Unfortunately, the wording on the N8 form is vague, and just says "persistently late". It would be up to the LTB to determine the definition of that.

The N12 has less wiggle room (landlord has control, not the tenant), especially if you're legitimately moving in (at the expense of 1 month's rent). But it can only be served as the tenant moves to a month to month lease, or anytime after that. The N8 can also only be served in that situation, but is only valid if the tenant is "persistently late". The N4 can be served anytime, but can be invalidated easily by the tenant right up until the eviction hearing (and probably even past that, if the tenant attends the hearing and whines enough).

C
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Oct 26, 2006
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Markham
I have had this happen to me and I usually call the next day to inform them of their responsibility and remind. Usually, the tenant just forgot and pay right away. Have you connected with them?

I am all for serving N4s but I try to balance this with my know of the tenant, their history, and managing the relationships. I believe this is on a case by case basis though.

Id give a call first.

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