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  • May 5th, 2020 9:39 pm
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[OP]
Newbie
Mar 11, 2011
82 posts
14 upvotes

Trouble Tenant

We have tenant who has stopped paying rent for now 2nd Month without any explanation. I sent email but no reply and I called but again no reply. Tenant is updating WhatsApp everyday so definitely not in hospital. They have also not provided post dated cheques which were part of lease agreement. They have given different reasons throughout the lease period for finding way to not provide cheques. Lease signed was for one year and it is beyond now 1 year so we are in default month to month notice. I understand that ontario government have told everyone that no one can vacant the tenant during this period and we are willing to wait but not sure how long it would be. I want to understand what are my rights as landlord when tenant is not co-operative , does not provide cheques which were mentioned in lease. Can I simply ask them to leave the property with month to two months notice? For sure this would be after government lifts the ban. What are my rights to ensure that they do not damage the property.

Thanks to TERB and government (hungry for votes) for taking tenant side and making rules which makes life of landlord difficult.

During lease period there were two occasions where I had to do follow ups for rent and on one occasion had to issue n4 notice. During both time tenant stopped answering call, text, email.
2 replies
Deal Addict
User avatar
Mar 23, 2003
4358 posts
1093 upvotes
Hamilton
It's not legal to demand post dated cheques as far as I know in Ontario.even if on paper.
And it can be contested. They agreed to it reluctantly bc they would miss out on the rental. Etc..
So forget about this post dated cheques avenue.

Start the eviction process now.
When the ltb opens for business as usual then hopefully things will move for you.
Deal Addict
User avatar
Jan 2, 2012
3979 posts
1846 upvotes
Toronto
manek wrote: We have tenant who has stopped paying rent for now 2nd Month without any explanation. I sent email but no reply and I called but again no reply. Tenant is updating WhatsApp everyday so definitely not in hospital. They have also not provided post dated cheques which were part of lease agreement. They have given different reasons throughout the lease period for finding way to not provide cheques. Lease signed was for one year and it is beyond now 1 year so we are in default month to month notice. I understand that ontario government have told everyone that no one can vacant the tenant during this period and we are willing to wait but not sure how long it would be. I want to understand what are my rights as landlord when tenant is not co-operative , does not provide cheques which were mentioned in lease. Can I simply ask them to leave the property with month to two months notice? For sure this would be after government lifts the ban. What are my rights to ensure that they do not damage the property.

Thanks to TERB and government (hungry for votes) for taking tenant side and making rules which makes life of landlord difficult.

During lease period there were two occasions where I had to do follow ups for rent and on one occasion had to issue n4 notice. During both time tenant stopped answering call, text, email.
If they have stopped paying rent and you want them evicted, then send them an "N4: Notice to End your Tenancy Early for Non-payment of Rent".
Also file "L1: Application to evict a tenant for non-payment of rent and to collect rent the tenant owes" with the LTB.

I don't know how filing the "L" forms with LTB works these days, but hopefully they are still accepting them even if not processing at this time for hearings. I assume when the LTB is back up and running and processing evictions again, you will go in line for a hearing. I wouldn't be surprised if it takes you 6+ months to get your eviction hearing, during which time the tenant can stay in your unit without paying rent. Hopefully i'm wrong and they will somehow expedite hearings, but I doubt it.

Your recourse after they have finally been evicted, will be to try and collect on the judgement from LTB for past rent owed. You may need to also get a judgement from small claims court, especially if they also did damage to the unit that you want recovered. Actually collecting on any judgement may be another hassle.

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