Tenant refusing to pay rent in a legal way

I also think it is ridiculous....if she has problem with cheques, what about interac transfer?

For dryer noise....I can't imagine that being very very noisy and the operating time is ~1 hour per week?

I think it is considered trivial matter that you can pass.

xxang3xx wrote: ↑ Hey everyone,

I’m having some issues with a tenant.

She’s been refusing to give me a physical cheque because she feels I’m not disposing of her cheque properly. I had told her once that I cut it up and throw it away, which apparently isn’t enough.

She will now only send me via text a photo of the cheque to deposit. I deposited the pictures by taking a photo of it cause of COVID and didn’t want the hassle.

I’ve now inquired with my bank who says that isn’t legal and I can’t do that . I informed her and she refuses to comply. Because I can’t deposit the photo of the cheques, I have to give her an eviction notice. I gave her options like giving me cash or pre authorized payment which she refused as well.

She states that she will be disputing to RTB about the method of payment and I expect her to be disputing the eviction as well.

Does she even have a case? I want to prep myself as I might need to contact a lawyer.

Side note, she had a ‘lawyer’ contact me when I gave her notice that I want to come in and fix her noisy dryer that is disturbing me and my neighbours. It’s getting ridiculous.

Thanks!

Why would she even know what you're doing with the cheque. You could be giving them to the bank teller for all she cares.

Maybe I'm ignorant... What am I supposed to do with cheques? Is there a super secure way to throw it out?

Is she otherwise behaving as expected? At risk of being quick to judge over the Internet, perhaps mental illness?

xxang3xx wrote: ↑ Hey everyone,

I’m having some issues with a tenant.

She’s been refusing to give me a physical cheque because she feels I’m not disposing of her cheque properly. I had told her once that I cut it up and throw it away, which apparently isn’t enough.

She will now only send me via text a photo of the cheque to deposit. I deposited the pictures by taking a photo of it cause of COVID and didn’t want the hassle.

I’ve now inquired with my bank who says that isn’t legal and I can’t do that . I informed her and she refuses to comply. Because I can’t deposit the photo of the cheques, I have to give her an eviction notice. I gave her options like giving me cash or pre authorized payment which she refused as well.

She states that she will be disputing to RTB about the method of payment and I expect her to be disputing the eviction as well.

Does she even have a case? I want to prep myself as I might need to contact a lawyer.

Side note, she had a ‘lawyer’ contact me when I gave her notice that I want to come in and fix her noisy dryer that is disturbing me and my neighbours. It’s getting ridiculous.

Thanks!

The laws are absolutely ridiculous in this province then you have the government spewing stuff like this:
Tenants who can pay their rent must do so, to the best of their abilities. Landlords are entitled to collect compensation from a tenant for each day that an eviction order is not enforced. However, tenants who are asked to self-isolate or who can’t work may have difficulty paying their rent.

We encourage landlords and tenants to work together during this difficult time to establish fair arrangements to keep tenants in their homes.
Under the Residential Tenancies Act, landlords cannot charge fees or penalties for late rent payments.
Tenants who are having challenges paying rent should speak with their landlords about possibly deferring their rent or other payment arrangements.

Funny thing is people have been getting OW and ODSP for years and are expected to pay rent (they get significantly less than CERB payments) yet somehow people who get CERB can refuse to pay rent...a lot of people who lost employment due to the pandemic got CERB payments. Its strange the government would not think this money should go towards rental costs, even if you lose your job you are still getting money and could pay something towards your rent. I don't even understand what we are teaching people in society, we are pretty much enabling people.

Basically it sounds like your tenant is taking advantage and probably has some tenant rights person helping her. I am sorry you have to go through this. The hearings are very delayed but at least you have started the process. If this tenant is not comfortable giving a check she should use e-transfer, this behaviour is completely ridiculous.

Clearly either a pro or coached tenant.

The only upside might be that you should push forward with eviction now as things are opening up (while they are opened up).

Given that you are likely in for a battle and asking questions here, you are well advised to engage a professional who has a high success rate of getting evictions enforced.

xxang3xx wrote: ↑ Hey everyone,

I’m having some issues with a tenant.

She’s been refusing to give me a physical cheque because she feels I’m not disposing of her cheque properly. I had told her once that I cut it up and throw it away, which apparently isn’t enough.

She will now only send me via text a photo of the cheque to deposit. I deposited the pictures by taking a photo of it cause of COVID and didn’t want the hassle.

I’ve now inquired with my bank who says that isn’t legal and I can’t do that . I informed her and she refuses to comply. Because I can’t deposit the photo of the cheques, I have to give her an eviction notice. I gave her options like giving me cash or pre authorized payment which she refused as well.

She states that she will be disputing to RTB about the method of payment and I expect her to be disputing the eviction as well.

Does she even have a case? I want to prep myself as I might need to contact a lawyer.

Side note, she had a ‘lawyer’ contact me when I gave her notice that I want to come in and fix her noisy dryer that is disturbing me and my neighbours. It’s getting ridiculous.

Thanks!

She is obviously not reasonable but I have no issue with depositing images, infact been doing it for one tenant for couple years through mobile app.

I would call her bluff on this and see if it resolves the problem. Arrange with the tenant to go to the bank with her physical cheque and have it deposited in front of her so she knows it was deposited. Arrange to do this each month, if necessary. If she doesn't agree, then offer to do so again but in a written letter (politely but firmly) sent to her via registered mail. Be prepared to show the letter to a court or RTB as needed. This should remove all the excuses from her side and show that you have tried all you can from your side. I would bet that she either pays you properly or leaves.

How about depositing the cheque through an ATM? But yes, as others have posted, this sounds like things are going off the rails.

It sounds like you live in the same building with her since her dryer is disturbing you.

Can you not go to her unit, take a picture of the cheque for deposit, and leave the physical cheque with her afterwards?

Damn, she's a real prize. She shouldn't be renting, seriously.

The laws in this province have really empowered these idiots and things are just going to get worse. Best of luck, OP.

Question: Did you vet this tenant by speaking to her previous landlord? (yes this isn't foolproof but wondering if you did that).

cartfan123 wrote: ↑ Clearly either a pro or coached tenant.

The only upside might be that you should push forward with eviction now as things are opening up (while they are opened up).

Given that you are likely in for a battle and asking questions here, you are well advised to engage a professional who has a high success rate of getting evictions enforced.

Yup. Remember people lost their minds when I talked about professional tenants? This is exactly what I'm talking bout. The ones who know how to work the laws. Seeing more of them these days.

I am not aware of anything in the Tenant Protection Act that dictates how cheques are to be destroyed.
There could be some case precedent but either way she is not allowed to withhold the rent even if you are doing something wrong without TLB permission.

It is unlikely TLB will evict her on her on her first offense as long as she agrees to pay you all rent.

If the TLB were to find you're not being responsible I'm sure they would still order her to pay all the money owed.

In the mean time, I would ask her what is the acceptable way she would like you to destroy the cheques. And just do it that way. Small price to pay if that's really her issue.

Most importantly make sure you know what her sources of income are. At the end of the day she will be ordered to pay you the money but, collecting it is another matter. You may have to garnish her wages or support.

I am curious about what the lawyer said to you about repairing the dryer?

She is using the payment method drama to buy herself time.