Real Estate

Tenant in arrears - Eviction process

  • Last Updated:
  • Feb 18th, 2019 7:52 pm
[OP]
Sr. Member
Aug 7, 2005
816 posts
198 upvotes
Toronto
CEOofPopeyes wrote:
Feb 14th, 2019 10:14 pm
What would be the best way to try and collect it?
I'd like to get a better understanding of this as well. The folks over at the LTB haven't been helpful in answering this Q.
Deal Addict
Jan 28, 2007
2130 posts
1443 upvotes
SW Ontario
From the sounds of this, there is a line probably forming to get $$$ and you are just another in line ... I would assuming CC, vehicles, etc aren't getting paid either from the sounds of it.

If there are clients owed money, they will most likely be first in line ...
I'd rather be outdoors camping, kayaking, and mountain biking ...
Deal Fanatic
Jul 3, 2011
5356 posts
2429 upvotes
Thornhill
ReFuGeE wrote:
Feb 15th, 2019 9:28 am
I'd like to get a better understanding of this as well. The folks over at the LTB haven't been helpful in answering this Q.
Have you considered hiring a paralegal firm well versed in the Landlord Tribunal processes to assist? Not only would they know the RTA but also the nuances of the Law Society's hearings and disciplinary processes and what is required to lawfully lay a claim for monies owing.

As another poster noted, you're likely not the only creditor so it would be imperative to grab a place in line as debts are paid off in order of statutory edict and registered priority.
Deal Fanatic
User avatar
Sep 8, 2007
7113 posts
6388 upvotes
Way Out of GTA
ReFuGeE wrote:
Feb 7th, 2019 3:47 pm

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.



I have the form ready to be provided tomorrow (earliest opportunity).



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.
Even if the unit was going up for sale, it wouldn’t have meant he was being pushed out. Unless the new buyer was going to occupy for personal use, he would have been able to stay. My guess is perhaps the previous owner was sensing issues with this clown and put it up for sale.
ReFuGeE wrote:
Feb 15th, 2019 9:27 am
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.
You should prefer he doesn’t right the ship and do whatever it takes to get him out. Landlords frequently confuse the two issues here a) gaining control of your property (ie eviction process) and b) recovery of lost rents. A) is the key one to put your energy into since they long it drag the longer you are likely going to be out of rent. B) lost rent recovery is a total crapshoot and a process that may drag out and is only loosely related to the eviction process.

Right now focus on A). Get him out of there.
Member
Jun 2, 2017
318 posts
101 upvotes
lilmikey wrote:
Feb 14th, 2019 10:24 pm
Can I ask from giving them first notice of eviction, how long has it taken to get to Sheriff date ?
Hi, sorry for the late reply.

The process went like this:

1. Filed for notice eviction in Oct 2018 (2nd week)
2. Received date in mail shortly after given a hearing date in 3rd week of Nov 2018
3. Outcome from hearing was a condition order for tenant to pay on time Dec 1 then Jan 1 onwards. The tenant missed the payment Dec 1 (which was for November). They did finish that payment however since then have not paid at all.
4. Filed for Sheriff shortly after Dec 1 since they missed the order. Received the letter for eviction to proceed. Made the payment.
5. Jan 2019 shortly after new years the Sheriff date was set for Mid Jan.
6. The tenant appealed this final order with NO grounds to do so. The LTB let it through. This pissed us off.
7. Due to the appeal, another hearing was set for first week of Feb.
8 Attended the appeal, it lasted 2 mins. The tenant could not pay and the appeal was denied. Eviction date is now final for end of month Feb.

As you can see this was a brutal process. If the appeal on the sheriff eviction was denied upfront (since it just wasted our time) they would have been out by end of Jan. With that, and last month rent deposit I would only have lost 1 months rent. Now it will be 2 months.
Sr. Member
Nov 9, 2017
577 posts
56 upvotes
CEOofPopeyes wrote:
Feb 18th, 2019 6:58 pm
6. The tenant appealed this final order with NO grounds to do so. The LTB let it through. This pissed us off.
7. Due to the appeal, another hearing was set for first week of Feb.
Can any tenant do this for whatever bs reason and hence make the landlord loose two months instead of one month?
Are there any costs for them to appeal? If not, all one has to do is read this RFD thread and have their way stealing another month's rent.
Deal Addict
Nov 14, 2006
1737 posts
748 upvotes
GTA
snowhite445 wrote:
Feb 18th, 2019 7:28 pm
Can any tenant do this for whatever bs reason and hence make the landlord loose two months instead of one month?
Are there any costs for them to appeal? If not, all one has to do is read this RFD thread and have their way stealing another month's rent.
@CEOofPopeyes Damn, this sucks , I have tenants and never had to do this and hopefully never have to.

Pretty much appeal and you get another month of rent free living.

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