[quote user="3canctheayr"][quote user="InvestagainInc"] Hi, I have an active N8 for eviction of one of my tenants for non payment of rent. the LTB ruled that the tenant has to pay rent on time for 12 months. If he does not abide by this ruling I can evict him.
The tenant paid some rent but not all the last two months. I tried to evict but the LTB said that the tenant just has to pay something in order to comply. I would think compliance means that the tenant pays all of their rent not just whatever they feel.
Has anyone else had this issue?
[/quote] One of the problems with the LTB system is that they give the 'adjudicators' some leeway in how to settle cases, but they don't post those guidelines publicly and many of the 'adjudicators' are not very good at interpreting and implementing those guidelines, so they screw up all the time. Ultimately they have to honor the RTA.
Based on what you have described, it appears to be a case where the adjudicator has screwed up. They can't order the tenant to ' just pay something'. The tenant has to get themselves in full compliance.
When this happens, landlords need to be sending emails describing the problem to their MPPs and copy the Minister of housing as well the local press. If this started happening enough times, legislators would have no choice but to finally fix the RTA and the LTB. [/quote]
The guidelines are available on the LTB website and are posted here:
http://www.ltb.gov.on.ca/en/Law/STEL02_111691.html
[quote user="InvestagainInc"] We were told we can't make another application by the board as we already have an existing ruling for non payment of rent. I don't understand what the boards definition of non payment of rent is. To me if they don't pay the full amount then that is non payment.
If I do another L4 then they will just pay the difference at the hearing and move on. So I am not sure this will help. [/quote]
Usually if you have an Order and make an L4 application it does not matter if the tenant pays but sometimes the LTB has discretion to refuse eviction.
If that is what happened then you need someone to go there and make a good argument as to allow tenants to escape the consequences of a previous Order does violence to the system.
[quote user="Seeley"]
Every time a tenant does not pay on time, or pays only partial, you need to immediately file a L9 with the board. No notification to the tenant is required. This will always lead to the tenant being forced to pay the $170 filing fee. If they pay the rent before the hearing they are still responsible for the $170. Although this is a nuisance for landlords it almost always guarantees the tenant will never pay late again.
Also it is not the obligation of the landlord to accept partial payments. If the tenant does not have the full amount refuse to accept payment and file the L9.
[/quote]
If you file an L9 with the board and get a judgment for the February rent for example you will never be allowed to evict for that rent or serve another notice for non payment. You will only have a Judgment for February rent.
If the tenant does not pay in March you have to serve a notice for March only and evict based on that notice.
Also if the tenant pays March and April etc they can stay there even if February is not paid.
Does not seem a good strategy.