Real Estate

How to collect rent from a tenant that has moved out?

  • Last Updated:
  • Jul 6th, 2020 8:22 pm
[OP]
Jr. Member
Mar 9, 2017
106 posts
50 upvotes

How to collect rent from a tenant that has moved out?

$2K balance owing, he said he was going to pay and just needed some a week or so after moving out, but now won't pick up the phone. I know the new place the tenant is living at, but what process do i need to follow to collect?
10 replies
Deal Guru
User avatar
Mar 23, 2008
13006 posts
9961 upvotes
Edmonton
goodfella99 wrote: $2K balance owing, he said he was going to pay and just needed some a week or so after moving out, but now won't pick up the phone. I know the new place the tenant is living at, but what process do i need to follow to collect?
You might want to start by giving a location. Province, if nothing else...

C
[OP]
Jr. Member
Mar 9, 2017
106 posts
50 upvotes
oops sorry. Toronto, Ontairo. Location of the unit is don mills and eglinton.
[OP]
Jr. Member
Mar 9, 2017
106 posts
50 upvotes
i have multiple texts from the tenant saying the balance will be paid, so its not as if he doesn't acknowledge he owes the money
Deal Addict
User avatar
Jan 2, 2012
4392 posts
2562 upvotes
Toronto
goodfella99 wrote: $2K balance owing, he said he was going to pay and just needed some a week or so after moving out, but now won't pick up the phone. I know the new place the tenant is living at, but what process do i need to follow to collect?
I don't think you can go through LTB anymore since they are no longer your tenant.

So if they refuse to pay your only option is probably to sue them in small claims court for the amount. You should talk to a lawyer/paralegal first to see if this will be worth your time and effort for $2K owed. Even if you get a "win" in court, collecting the amount can still be a hassle. Although with a legal judgement will be better chances for you.

Other landlords have posted here that you can perhaps affect their credit rating immediately, but I'm not sure on this. Lots of posts here on deadbeat tenants that you can get other landlords experiences from.
Deal Fanatic
Jul 4, 2004
7085 posts
3930 upvotes
Ottawa
Your only recourse is to take him to Small Claims Court. Based on what you said, you shouldn't have any problems winning a judgement but that doesn't mean you can collect. Once you have a judgement, you can then try to garnish wages but I'm not sure how hard or easy that is.
Deal Addict
Aug 12, 2004
4505 posts
2165 upvotes
Calgary
Small claims is nearly impossible to collect from, it's a system that's there to be gamed on the assumption that both the plaintiff and defendant are reasonable people.

Start with a demand letter stating the amount, and deadline to pay (and amount to settle should you wish), and that failure to pay will result in no choice but to pursue legal action.

Go through small claims and file, you will need to serve them at their place and it has to be signed for. Expect the process to drag on for up to a year. Even should you get a judgement in your favour in court, collecting is much harder to do and is the bigger part of the process.

https://www.attorneygeneral.jus.gov.on. ... ts_EN.html

Even the attorney general site states it bluntly:
As a creditor, you may have to enforce the judgment. In order for you to collect, the debtor must have one of the following:

money;
assets that can be seized and sold; or
a debt owing to the debtor by a third party (e.g. bank account, employment income) that can be garnished.
If the tenant has any ideas of the rules and determined to not pay, be prepared to be in for the long haul

It's definitely worth going through the process, if nothing else, to stop you from ever thinking of being a landlord in Ontario again. It could be a lot worse.
Deal Addict
May 12, 2014
3356 posts
3650 upvotes
Montreal
goodfella99 wrote: I know the new place the tenant is living at, but what process do i need to follow to collect?
What information do you have about the debtor? You have name and current address. Do you have DoB, employer name and address, bank information? Anything else?
Member
User avatar
Oct 31, 2019
435 posts
563 upvotes
goodfella99 wrote: $2K balance owing, he said he was going to pay and just needed some a week or so after moving out, but now won't pick up the phone. I know the new place the tenant is living at, but what process do i need to follow to collect?
Mafia
Deal Addict
Sep 2, 2009
2389 posts
2417 upvotes
Ottawa
Firebot wrote: It's definitely worth going through the process, if nothing else, to stop you from ever thinking of being a landlord in Ontario again. It could be a lot worse.
Or to learn the process for next time

Top