Real Estate

Tenant in arrears - Eviction process

  • Last Updated:
  • Feb 18th, 2019 7:52 pm
[OP]
Sr. Member
Aug 7, 2005
762 posts
106 upvotes
Toronto

Tenant in arrears - Eviction process

Hey RFD

I'm the landlord of a rental unit that I recently leased to a tenant on November 1st 2018 on a 1 year term.

The tenant has since been flopping on payments. The December 1st 2018 payment was EFT but was quickly rectified 2 days later by the tenant (new cashable cheque). I didn't think much about it until it happened again on January 1st.

I gave the tenant an opportunity to rectify the situation but the situation still lingers. The tenant has been communicative but unable to come up with the funds, citing payment issues from clients etc.

Around mid January, after losing faith that the tenant would rectify the situation I filed an N4 Notice - Notice to End a Tenancy Early for Non-payment of Rent. The termination date is today and no payment has been provided and the February 1st payment has now also been missed. I have reached out to the tenant today but haven't heard anything back.

My next step is to prepare the L1 Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes form for the board to take over.

In my time as a landlord I have never experienced this. I expected this from maybe a student, but this is a lawyer with his own practice, always dressed to the nines, not someone who would seemingly become bankrupt overnight.

Am I following the best route here? Does anyone have any experience in these matters? Also, what are my prospects of even collecting the rent owing?
21 replies
Deal Fanatic
User avatar
Mar 23, 2008
8238 posts
4927 upvotes
Edmonton
ReFuGeE wrote:
Feb 7th, 2019 3:07 pm
Hey RFD

I'm the landlord of a rental unit that I recently leased to a tenant on November 1st 2018 on a 1 year term.

The tenant has since been flopping on payments. The December 1st 2018 payment was EFT but was quickly rectified 2 days later by the tenant (new cashable cheque). I didn't think much about it until it happened again on January 1st.

I gave the tenant an opportunity to rectify the situation but the situation still lingers. The tenant has been communicative but unable to come up with the funds, citing payment issues from clients etc.

Around mid January, after losing faith that the tenant would rectify the situation I filed an N4 Notice - Notice to End a Tenancy Early for Non-payment of Rent. The termination date is today and no payment has been provided and the February 1st payment has now also been missed. I have reached out to the tenant today but haven't heard anything back.

My next step is to prepare the L1 Application to Evict a Tenant for Non-payment of Rent and to Collect Rent the Tenant Owes form for the board to take over.

In my time as a landlord I have never experienced this. I expected this from maybe a student, but this is a lawyer with his own practice, always dressed to the nines, not someone who would seemingly become bankrupt overnight.

Am I following the best route here? Does anyone have any experience in these matters? Also, what are my prospects of even collecting the rent owing?
So your tenant has been late 3 out of 4 times (and that's giving them credit for the November 1 payment being "on time"), and you're wondering if you should start the eviction process, knowing that as a lawyer, the tenant can probably stretch things out for longer than your average tenant?

I'd go with yes, you should get the ball rolling. The longer you wait, the longer it will be before you get a properly paying tenant in.

Did you actually do any screening on this tenant? Or just look to see that he was a lawyer, and figure you were good to go?

C
[OP]
Sr. Member
Aug 7, 2005
762 posts
106 upvotes
Toronto
CNeufeld wrote:
Feb 7th, 2019 3:28 pm
So your tenant has been late 3 out of 4 times (and that's giving them credit for the November 1 payment being "on time"), and you're wondering if you should start the eviction process, knowing that as a lawyer, the tenant can probably stretch things out for longer than your average tenant?
The December 1st payment was rectified right away(next day). I chalked it up to accounting error on his part.

I started the process after the 2nd eft in January. I think it's fair to give the tenant an opportunity.
CNeufeld wrote:
Feb 7th, 2019 3:28 pm
I'd go with yes, you should get the ball rolling. The longer you wait, the longer it will be before you get a properly paying tenant in.
I have the form ready to be provided tomorrow (earliest opportunity).
CNeufeld wrote:
Feb 7th, 2019 3:28 pm
Did you actually do any screening on this tenant? Or just look to see that he was a lawyer, and figure you were good to go?

C
This is where I truly went wrong. The tenant lived within my building two units down for the 3 years prior. Met him on several occasions, verified he was being pushed out his unit as it went up for sale.

Aside from that, yes, I based it on perception. Lesson learned, I just want to get my arrears and move on as quick as possible.
Deal Fanatic
Jul 3, 2011
5094 posts
2259 upvotes
Thornhill
Have you verified he is registered with the law society?
[OP]
Sr. Member
Aug 7, 2005
762 posts
106 upvotes
Toronto
licenced wrote:
Feb 7th, 2019 4:07 pm
Have you verified he is registered with the law society?
Yes I verified he's registered and active.

I did find this on his record further down

Current Regulatory Proceedings ongoing. For further information contact the Law Society at RegInquiry@lso.ca.
[OP]
Sr. Member
Aug 7, 2005
762 posts
106 upvotes
Toronto
licenced wrote:
Feb 7th, 2019 4:07 pm
Have you verified he is registered with the law society?
Yes I verified he's registered and active.

I did find this on his record further down but not sure what it means

Current Regulatory Proceedings ongoing. For further information contact the Law Society at RegInquiry@lso.ca.
Deal Fanatic
User avatar
Mar 23, 2008
8238 posts
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Edmonton
ReFuGeE wrote:
Feb 7th, 2019 4:37 pm
Yes I verified he's registered and active.

I did find this on his record further down

Current Regulatory Proceedings ongoing. For further information contact the Law Society at RegInquiry@lso.ca.
I'm not a lawyer, but that doesn't sound good to me...

C
Deal Fanatic
Jul 3, 2011
5094 posts
2259 upvotes
Thornhill
It seems more serious than what they call an administrative suspension so try finding their name in this link under the headings provided

https://lawsocietytribunal.ca/Pages/Mainpage.aspx#133

and this one

https://lawsocietytribunal.ca/Pages/Orders.aspx#41

and if you don't see it them contact them at the email they provided. It looks like he is unable to draw funds so maybe he's either unable to prctice at present or had his accounts seized by the law society.

I presume you've also googled to see if the name pops up in news?
ReFuGeE wrote:
Feb 7th, 2019 4:40 pm
Yes I verified he's registered and active.

I did find this on his record further down but not sure what it means

Current Regulatory Proceedings ongoing. For further information contact the Law Society at RegInquiry@lso.ca.
[OP]
Sr. Member
Aug 7, 2005
762 posts
106 upvotes
Toronto
licenced wrote:
Feb 7th, 2019 4:56 pm
It seems more serious than what they call an administrative suspension so try finding their name in this link under the headings provided

https://lawsocietytribunal.ca/Pages/Mainpage.aspx#133

and this one

https://lawsocietytribunal.ca/Pages/Orders.aspx#41

and if you don't see it them contact them at the email they provided. It looks like he is unable to draw funds so maybe he's either unable to prctice at present or had his accounts seized by the law society.

I presume you've also googled to see if the name pops up in news?
Thanks for all this info.

It turns out that two weeks after I signed him on as a tenant a "Notice of Application" was filed under "Current Proceedings".

I looked at it and it seems there is an extensive list of allegations. Looks like a lot of misappropriated funds.

At this point is it fair to assume his assets have likely been frozen? I'll also reach out to the email that was listed, perhaps they can provide more info.
Deal Fanatic
User avatar
Mar 23, 2008
8238 posts
4927 upvotes
Edmonton
ReFuGeE wrote:
Feb 7th, 2019 6:34 pm
Thanks for all this info.

It turns out that two weeks after I signed him on as a tenant a "Notice of Application" was filed under "Current Proceedings".

I looked at it and it seems there is an extensive list of allegations. Looks like a lot of misappropriated funds.

At this point is it fair to assume his assets have likely been frozen? I'll also reach out to the email that was listed, perhaps they can provide more info.
Ouch! But if it makes you feel better, even if you did a more thorough vetting of him, you probably wouldn't have turned up anything since it happened after he signed the lease.

C
Deal Fanatic
Feb 29, 2008
6942 posts
2327 upvotes
Get him/her the eff out of your property. Good luck.
Deal Fanatic
Jul 3, 2011
5094 posts
2259 upvotes
Thornhill
You're welcome, glad to be able to help, and I'm sorry to hear that.

I'd be very surprised if they haven't taken control of his trust account which means so he's not drawing an income at present not getting any new clients.

I don't see you being paid anytime soon.

You might want to get in touch with the Landlord tenant tribunal for your options as to how to stay on top of your filings for eviction.

How long has he been an attorney?
Thanks for all this info.

It turns out that two weeks after I signed him on as a tenant a "Notice of Application" was filed under "Current Proceedings".

I looked at it and it seems there is an extensive list of allegations. Looks like a lot of misappropriated funds.

At this point is it fair to assume his assets have likely been frozen? I'll also reach out to the email that was listed, perhaps they can provide more info.
Jr. Member
Jun 2, 2017
197 posts
42 upvotes
HI. since its related.

I am at the very end of the eviction process. Order is finalized and date with Sheriff is set. The tenant still owes 2 months of rent. What would be the best way to try and collect it?

I'm ok making efforts to go to small claims if it leads to garnishing wages or collections.
Deal Addict
Nov 14, 2006
1360 posts
577 upvotes
GTA
CEOofPopeyes wrote:
Feb 14th, 2019 10:14 pm
HI. since its related.

I am at the very end of the eviction process. Order is finalized and date with Sheriff is set. The tenant still owes 2 months of rent. What would be the best way to try and collect it?

I'm ok making efforts to go to small claims if it leads to garnishing wages or collections.
Can I ask from giving them first notice of eviction, how long has it taken to get to Sheriff date ?
[OP]
Sr. Member
Aug 7, 2005
762 posts
106 upvotes
Toronto
licenced wrote:
Feb 7th, 2019 7:26 pm
How long has he been an attorney?
It looks like he has been for quite some time.

And I think you're right, I think his accounts were frozen.

I have a hearing booked for early March, I'm hoping he can right the ship before that point.

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