Real Estate

Tenant purposely not paying rent

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  • Apr 14th, 2020 12:53 pm
[OP]
Jr. Member
Jan 22, 2015
139 posts
14 upvotes
Toronto

Tenant purposely not paying rent

Folks, need suggestions please.

Back in Feb, i gave my tentant notice to move out because i sold my bouse and wanted to move into this rented house. I filed L2 because tenant wasn't happy about this news. Since than my tenant who is loaded deliberately not paying rent and i am stuck because no evictions. Its causing me a hugh financial blow because i was paying utilities on his behalf too and was invoicing him quarterly.

No for last 2 months no rent and i am paying his utilities too... What do i do? I have my job but unable to support or carry this financial burden because of no evictions.

Any suggestions? Please help.
55 replies
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User avatar
Jan 2, 2012
4010 posts
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Toronto
hammadarif wrote: Folks, need suggestions please.

Back in Feb, i gave my tentant notice to move out because i sold my bouse and wanted to move into this rented house. I filed L2 because tenant wasn't happy about this news. Since than my tenant who is loaded deliberately not paying rent and i am stuck because no evictions. Its causing me a hugh financial blow because i was paying utilities on his behalf too and was invoicing him quarterly.

No for last 2 months no rent and i am paying his utilities too... What do i do? I have my job but unable to support or carry this financial burden because of no evictions.

Any suggestions? Please help.
The is nothing you can do immediately while LTB is closed for hearings and no evictions. Just make sure not to do anything stupid or try to take matters into your own hands, need to do everything by the book and follow the process.

After LTB opens up again you can proceed with eviction hearing and get a judgement to have tenant pay you all the back rent + utilities owed. Not sure if you also need to file the L1 for this. You can try to get a collection agency after him, garnish wages, etc. if he refuses to pay. May need small claims court also to enforce depending what happens with LTB - this article is a little old so hopefully still accurate: https://ontariolandlordandtenantlaw.blo ... y.html?m=1

Lawyer is probably best to navigate all this, which may be worth it considering the significant sum this could grow into by the time he's actually evicted. Good news is if he's loaded, you could have an easier time collecting the money later on.
[OP]
Jr. Member
Jan 22, 2015
139 posts
14 upvotes
Toronto
1) Once LTB evict him how will i track this tenant if i were to take him to small claims court? I meant how would i or court know what's bis new address?

2) what if says in court that he ain't got no money on him?

3) can i file for L2 (eviction) + another form for non payment of rent at the same time because L2 says you cannot file for non payment of rent while eviction hearing is in progress?
[OP]
Jr. Member
Jan 22, 2015
139 posts
14 upvotes
Toronto
Also this tenat is loaded but he is self employed and doesn't work for any company, meaning no garnish wages i guess?
Deal Addict
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Mar 25, 2012
1865 posts
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Kelowna
hammadarif wrote: Folks, need suggestions please.

Back in Feb, i gave my tentant notice to move out because i sold my bouse and wanted to move into this rented house. I filed L2 because tenant wasn't happy about this news. Since than my tenant who is loaded deliberately not paying rent and i am stuck because no evictions. Its causing me a hugh financial blow because i was paying utilities on his behalf too and was invoicing him quarterly.

No for last 2 months no rent and i am paying his utilities too... What do i do? I have my job but unable to support or carry this financial burden because of no evictions.

Any suggestions? Please help.
Seriously, this is why people shouldn't be landlords.

'Fraid you're basically S.O.L. Tenant has provincial government + mass media on his or her side.

You could take the tenant to court to try and claim some of his savings. I assume courts are always a parallel, not a subsequent, option to landlord/tenant boards, but with the courts effectively shut down as well, you may only small claims action (assuming Ontario has replaced its small claims court with a Civil Resolution Tribunal as in B.C.).

Cheers,
Doug
Deal Guru
Feb 29, 2008
14221 posts
10525 upvotes
I find it rather peculiar that the moral police, anti-landlord brigade avoids these incidences like the plague. The media doing the same thing.

Follow the advice in here, unscrupulous tenants who know the game will take you for a ride. Hope you get your money back but it will be difficult. I encourage landlords to exit the market and let the government deal with housing tenants. After all, that’s what they’re supposed to do. Invest in something else.
Jr. Member
Jun 3, 2018
176 posts
262 upvotes
JayLove06 wrote: I find it rather peculiar that the moral police, anti-landlord brigade avoids these incidences like the plague. The media doing the same thing.

Follow the advice in here, unscrupulous tenants who know the game will take you for a ride. Hope you get your money back but it will be difficult. I encourage landlords to exit the market and let the government deal with housing tenants. After all, that’s what they’re supposed to do. Invest in something else.
Wow, ten thousand posts. At least it's one most can agree with.
Deal Addict
Jul 3, 2007
3319 posts
3650 upvotes
Toronto
JayLove06 wrote: I find it rather peculiar that the moral police, anti-landlord brigade avoids these incidences like the plague. The media doing the same thing.

Follow the advice in here, unscrupulous tenants who know the game will take you for a ride. Hope you get your money back but it will be difficult. I encourage landlords to exit the market and let the government deal with housing tenants. After all, that’s what they’re supposed to do. Invest in something else.
the SJW's and lefty CBC and Toronto Star love to post on twitter when its the opposite case ....

congrats on 10k posts!
Deal Guru
Feb 29, 2008
14221 posts
10525 upvotes
joepipe wrote: the SJW's and lefty CBC and Toronto Star love to post on twitter when its the opposite case ....

congrats on 10k posts!

Maybe I should retire
Sr. Member
Oct 13, 2011
761 posts
491 upvotes
Unfortunately, there isn't much you can do unless you threaten him with damaging his credit rating when this who thing is over. But that could be months before you are allow to do so, and that assuming you have his SIN and driver license.
Deal Addict
Mar 2, 2017
1422 posts
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Toronto
OP, have you considered removing the front door of the property?
Realtor, Investor, CPA
Member
May 10, 2017
316 posts
192 upvotes
Could you potentially sell your condo to get out of financial hardship?
If you list it under the market value (while still profiting from your purchase price hopefully), you might still get interested buyers.
Donate to your local food bank today!
Deal Guru
Feb 29, 2008
14221 posts
10525 upvotes
DirtPoor wrote: Could you potentially sell your condo to get out of financial hardship?
If you list it under the market value (while still profiting from your purchase price hopefully), you might still get interested buyers.
I thought you weren’t allowed to for 6 months.
Member
Jun 15, 2015
424 posts
457 upvotes
Thornhill, ON
Tell him you need to self isolate as you "may" have caught the v. Mert him inside the apt to tell him this. He'll decamp pronto.
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Mar 25, 2012
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Rothesay wrote: Unfortunately, there isn't much you can do unless you threaten him with damaging his credit rating when this who thing is over. But that could be months before you are allow to do so, and that assuming you have his SIN and driver license.
Actually, that may not work. Credit reporting agencies often follow not only the letter of the provincial legislation, but any relevant government regulations, directives, orders, and the like. With rent suspended, it may be possible for him to have his credit report corrected to for any payments classified as "late". Rent isn't normally reported, either. The only way to do this would be via the public orders and judgments section and, in any case, in the event of a dismissal or acquittal, the tenant should be able to have that information removed, or at least suppressed from the calculation of credit score.

I wouldn't recommend this approach, personally.

Cheers,
Doug
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May 12, 2014
2901 posts
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Montreal
dmehus wrote: With rent suspended,
I don't believe that rent has been suspended anywhere in North America.

Hearings are suspended, and so are evictions. But rent is due, like all other payments.

Technically, in Quebec anyway, if a notice of default is served, interest will accumulate on rent as of the 2nd day of the month.
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Jan 2, 2012
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hammadarif wrote: 1) Once LTB evict him how will i track this tenant if i were to take him to small claims court? I meant how would i or court know what's bis new address?

2) what if says in court that he ain't got no money on him?

3) can i file for L2 (eviction) + another form for non payment of rent at the same time because L2 says you cannot file for non payment of rent while eviction hearing is in progress?
1 - I guess you could hire a private investigator to track him down. If you have his SIN or other details it may be easier.
If you end up selling the debt to a collection agency after getting a judgement, they will probably do all this.
After judgement you can look at steps to garnish bank account, wages (if employed), assets, etc. Just google "how to collect judgement ontario" and gets lots of lawyer articles on the topic.

2 - If you know details of his financial status you can explain in court. Anyways the fact someone doesn't have money, doesn't get them off the hook for debts owed unless they go through legal bankruptcy steps. So even if he says he doesn't have money you should still get a judgement against him.

3- N4 and L1 forms are to evict and collect rent owed.
L9 is form to just collect rent owed but not evict.
I'm not sure if you can do multiple forms in parallel i.e. L2 to evict for personal use combined with L9 for getting rent owed.
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Mar 25, 2012
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FrancisBacon wrote: I don't believe that rent has been suspended anywhere in North America.

Hearings are suspended, and so are evictions. But rent is due, like all other payments.

Technically, in Quebec anyway, if a notice of default is served, interest will accumulate on rent as of the 2nd day of the month.
It's not late, though. It's still due, yes, but since dispute hearings have been suspended, formal sanction cannot, and should not, occur outside of a landlord/tenant board dispute. It is not just evictions that have been suspended. Any landlord that tries to argue legal semantics before a judge would have their ass handed to them by most North American judges; judges would say, "why not reduce the rent, or defer the rent until after the emergency?" It's incumbent upon tenants to proactively discuss with their landlords, but landlords showing intransigence like you have shown would, as I say, have their asses handed to them, judicially speaking. ;)

Moreover, you grossly underestimate the power of the governments to provide more additional tenant-friendly measures during this emergency. If enough people complain, the governments are highly likely to act, including amending provincial legislation governing credit bureaus. :)

Cheers,
Doug

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