We are looking to get an eviction order for non payment of rent. We have a date for a hearing with the board. This is in Ontario. Just like to get some thoughts on what to expect and any tips that others may have to help get the the decision in our favour. Tenant is going on 3 months not paying rent, one with the former landlord and two with us. Thanks in advance.
Hearing with board
- Thread starter Mpowered1
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QUOTE (Mpowered1 @ Mar 4 2010, 07:07 AM) We are looking to get an eviction order for non payment of rent. We have a date for a hearing with the board. This is in Ontario. Just like to get some thoughts on what to expect and any tips that others may have to help get the the decision in our favour. Tenant is going on 3 months not paying rent, one with the former landlord and two with us. Thanks in advance.
Make sure, sure, sure you understand the process.
Call the LTB and talk to them on the phone. Their customer support is great, in my experience, and they will educate you on the phone what the proper steps to take are.
make sure you`ve taken the proper steps, served the right notices and waited the correct amount of time for every step in the process.
As long as you follow the process to the tee you will be OK.
Don`t get emotional about it. It`s just business. Do it right and you will prevail.
Many will disagree with the following, but you may offer them $500 to get out in 24 hrs, pay them after they move out. Again, it`s only business. it will be much cheaper and quicker.
Good luck,
Make sure, sure, sure you understand the process.
Call the LTB and talk to them on the phone. Their customer support is great, in my experience, and they will educate you on the phone what the proper steps to take are.
make sure you`ve taken the proper steps, served the right notices and waited the correct amount of time for every step in the process.
As long as you follow the process to the tee you will be OK.
Don`t get emotional about it. It`s just business. Do it right and you will prevail.
Many will disagree with the following, but you may offer them $500 to get out in 24 hrs, pay them after they move out. Again, it`s only business. it will be much cheaper and quicker.
Good luck,
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To add to Todor`s post
Don`t rely solely on what you hear from the helpline
They cannot provide legal advice
They might not tell you the whole picture
Check out their website also for processes.
Be prepared to be hit with reasons why your tenant doesn`t have to pay you rent at the hearing.
Prepare in advance a log of communications to the tenant, work done on the property, and inspections on the property.
Do a maintenance inspection asap on the unit and building.
Take photo`s.
If any maintenance issues fix immediately.
Bring with you written outline of dates / time frames at property and communications with tenant / what work done / invoices / and multiple photocopies to provide at a hearing.
Depending on your skill level and confidence in the process it might be worthwhile for your first time to hire a paralegal that specializes in LTB cases.
The system is structured against you and toward your tenants interest.
Pro-actively protect yourself or you might be hurting more than you are now.
Don`t rely solely on what you hear from the helpline
They cannot provide legal advice
They might not tell you the whole picture
Check out their website also for processes.
Be prepared to be hit with reasons why your tenant doesn`t have to pay you rent at the hearing.
Prepare in advance a log of communications to the tenant, work done on the property, and inspections on the property.
Do a maintenance inspection asap on the unit and building.
Take photo`s.
If any maintenance issues fix immediately.
Bring with you written outline of dates / time frames at property and communications with tenant / what work done / invoices / and multiple photocopies to provide at a hearing.
Depending on your skill level and confidence in the process it might be worthwhile for your first time to hire a paralegal that specializes in LTB cases.
The system is structured against you and toward your tenants interest.
Pro-actively protect yourself or you might be hurting more than you are now.
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This is helpful but two times in a week at the ltb? He might need a vacation after that.
QUOTE (mark186 @ Mar 4 2010, 07:41 PM) I`d strongly recommend observing the proceedings prior to the day your hearing is scheduled.
QUOTE (mark186 @ Mar 4 2010, 07:41 PM) I`d strongly recommend observing the proceedings prior to the day your hearing is scheduled.
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As posted expect to be side swiped by maintenance issues and a request to have a rent rebate. Duty council trolls the halls and advises tenants to trump up issues to broad side the LL. They are usually successful in getting an extension on your tenants stay. Do not agree to mediation this will back fire on you as it is slanted to assist the tenants.
Also if the board allows a extension with a payment schedule insist the ruling be made under section 78 allowing you to file a ex part application to evict without having to inform tenant. Board will rule without a hearing and inform tenant after the fact.
Tenants usually stop paying within 6 weeks on average.
Also if the board allows a extension with a payment schedule insist the ruling be made under section 78 allowing you to file a ex part application to evict without having to inform tenant. Board will rule without a hearing and inform tenant after the fact.
Tenants usually stop paying within 6 weeks on average.
In Ontario the hearings are in public. Mediation is conducted behind closed doors.
At my local LTB hearing room the duty council is actually given a few minutes before the proceedings begin to inform the tenants about the availability of free legal advice. I find this to be an outrageous inequity in that one class of citizens are entitled to free legal advice while another are not. Regardless, the original post was about getting a ruling in the posters favour. Watching proceeding in advance will help. Photos, documentation and receipts will potentially alleviate maintenance issues being raised.
At my local LTB hearing room the duty council is actually given a few minutes before the proceedings begin to inform the tenants about the availability of free legal advice. I find this to be an outrageous inequity in that one class of citizens are entitled to free legal advice while another are not. Regardless, the original post was about getting a ruling in the posters favour. Watching proceeding in advance will help. Photos, documentation and receipts will potentially alleviate maintenance issues being raised.
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QUOTE (mark186 @ Mar 6 2010, 09:41 PM) In Ontario the hearings are in public. Mediation is conducted behind closed doors.
At my local LTB hearing room the duty council is actually given a few minutes before the proceedings begin to inform the tenants about the availability of free legal advice. I find this to be an outrageous inequity in that one class of citizens are entitled to free legal advice while another are not. Regardless, the original post was about getting a ruling in the posters favour. Watching proceeding in advance will help. Photos, documentation and receipts will potentially alleviate maintenance issues being raised.
It is a mess. Join a movement at www.ontariolandlord.ca.
Also keep posting here, because the forums compliment each other. Investment advice...but be careful.
At my local LTB hearing room the duty council is actually given a few minutes before the proceedings begin to inform the tenants about the availability of free legal advice. I find this to be an outrageous inequity in that one class of citizens are entitled to free legal advice while another are not. Regardless, the original post was about getting a ruling in the posters favour. Watching proceeding in advance will help. Photos, documentation and receipts will potentially alleviate maintenance issues being raised.
It is a mess. Join a movement at www.ontariolandlord.ca.
Also keep posting here, because the forums compliment each other. Investment advice...but be careful.
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QUOTE (ontariolandlord @ Mar 6 2010, 10:23 PM) It is a mess. Join a movement at www.ontariolandlord.ca.
Also keep posting here, because the forums compliment each other. Investment advice...but be careful.
Webmasters need to get together!
http://www.ontariolandlord.ca/forum/viewto...8ba199fec73c257
Both will win. It`s a win-win.
Contact [email protected]
Also keep posting here, because the forums compliment each other. Investment advice...but be careful.
Webmasters need to get together!
http://www.ontariolandlord.ca/forum/viewto...8ba199fec73c257
Both will win. It`s a win-win.
Contact [email protected]
Just wanted to post an update. We had all our documentation in order. Our tenant never did show up which hopefully is a plus for us. The board member asked a couple of questions and then asked what we wanted. We responded with a standard eviction order. So basically it went very well, so far. I`m not sure if their are any surprises down the road. Tenant has 11 days from whenever the order is written to pay, if not we get in touch with the Sherrif, he posts a notice and gives them a few more days. After that he escorts tenants out and we have a locksmith ready to change locks. We watched quite a few hearings go before us. Seems as long as you have your paper work in order and tenant dosen`t show they were handing out eviction orders pretty easy. There was no duty counsel there either. Not as scary as I had assumed.