REIN™ Announces New Partnership with TenantPay to Benefit Members

[derekchien]

Can't you issue L9 and N4 follow by L1 at the same time? It seems like a better way to deal with tenants not paying?





I would have a hard time believing the legal process would treat anyone different, ( low income with help of legal aid VS professional?) I've been to the board few times, and I really don't see a difference if your tenant is making lots of money or not.

 

[invst4profit]

A N4 and L9 can not be issued concurrently. The N4 states a date by which a tenant must pay or vacate the unit. This supersede a L9.

At the earliest a L9 may be filed the same time as the L1 however the tenant must still be in possession of the unit for the L9 to apply.



In essence a N4 is a get off free notice if they chose to vacate and a interest free loan if they chose to stay.



Landlords should issue a N4/L1 the first time a tenant pays late followed by L9s (immediately) each time after that which they are late. Once the tenant has received numerous L9 notices (at a cost to the tenant of $170 each time) the landlord may then issue a eviction notice for persistent late payment. This application will lead to the adjudicator issuing a 12 month probationary period where the tenant is required to pay on time or face eviction without notification. If they are then late paying during that twelve months the landlord should be successful in evicting.



In reality the LTB has a mandate to not evict tenants and therefore makes landlords jump through numerous hoops to insure tenants have every available opportunity to correct their bad behavior before facing eviction.

 

[KCLC]

How's it going with legal aid these days?

 

[invst4profit]

[quote user=KCLC]How's it going with legal aid these days?






It's actually going very well, thank you for asking.

As most seasoned landlords will quickly discover legal aid is mainly a one trick pony. They have the same argument for every case and for the most part they did not graduate top of their class at law school. Providing a landlord learns and works "their" system as they do there is little chance of losing assuming one has learned what can and can't be won.

As a example the legal aid I have to work with has, at our last get together, learned I have a fool proof method of preventing a tenant from bringing in additional occupants to their unit. The issue regarding tenants bringing in "friends" has always been a thorn in the side of landlords and is something I now no longer have to concern myself with.



The legal aid lawyer was visibly shaken when the adjudicator stated I was within my right to do as I did to prevent my tenant from having their "guest". The law is a wonderful thing once you learn how to work it.

 

[BlaineBradley]

Hello Greg,



Can an you share your method preventing tenants from bringing "friends" into the unit for an extended stay? I agree it is a thorn in a landlords side to rent to somebody only to find out that there are multiple people living in the unit.

 

[invst4profit]

Sure, I have used this 4 times in the past 2 years with 100% success.



I serve them with a No Trespass Notice. This trumps the jurisdiction of the LTB.



The first three times I used it they did not challenge. The forth time the tenant took me to the board this January on a different matter but their legal aid brought up the fact that I had served the No Trespass. I had hoped they would. The adjudicator simply stated it was a police matter beyond the scope of their jurisdiction. The most they could argue is that it was harassment in which case I would simply give a plausible reason for issuing the order (suspected drug use, threatening, excessive noise etc).

The police have never asked or questioned why I was issuing the notice.

 

[Rickson9]

Greg has some of the best and informative posts on the public forums. My opinion only.

 

[REQRentals]

There is critical point to know about the L9 that I did not see in the above posts.



It is true that when a tenant does not pay you can either elect to



a) terminate the tenancy or

b) apply directly to the board for the rent with no termination sought or available.



However it is important to note that you cannot do both.



If you go to the Board and get an Order for rent for say January and Fenruary, you will never be able to evict the tenant based on those months. If you need to evict you will have to serve the N4 anyway starting with March rent and go through the whole process anyway with Jan and Feb also owing.



So if the tenant pays great it only takes a month vs the extra time for the N4. If the tenant does not pay however you take the first month then the whole N4 process on top.



Also if you rent to persons on public assistance you are aware that you can never enforce a judgment for money.



So in the above example if the tenant pays the rent for March onward they can stay there even though you have a judgment for January and February and they never pay it.



Also the tenant has to pay the 170 on the L1 (to evict) same as the L9. On the L1 however they have to pay the 170 and outstanding rent in order to avoid eviction.



It is the legislation and not the Board that gives tenants an opportunity to "pay and stay" based on the premise that the landlord wants to collect the money.




Payment before order becomes enforceable


(4) An eviction order referred to in subsection (3) is void if the tenant pays to the landlord or to the Board, before the order becomes enforceable,


(a) the amount of rent that is in arrears under the tenancy agreement;

width: 0px; background-color: #ffffff;">(b) the amount of additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given;

(c) the amount of NSF cheque charges charged by financial institutions to the landlord in respect of cheques tendered to the landlord by or on behalf of the tenant, as allowed by the Board in an application by the landlord under section 87;


(d) the amount of administration charges payable by the tenant for the NSF cheques, as allowed by the Board in an application by the landlord under section 87; and


(e) the costs ordered by the Board. 2006, c. 17, s. 74 (4).

 

[moparcanuck]

Okay, in an attempt to get this discussion back onto the actual topic, I have a few questions for those that use tenantpay.



1. How quick does the money actually arrive in your account? Tenants will typically pay on the 1st, and you have your money in your account..........?



2. I see the fees as listed on the front page. Are there any other fees? One of the screenshots on their website showed a $20 transfer fee or something similar. Their website does not offer any of the actual agreement forms for one to read through. Other than then per transaction fee, what else is there?



3. Any personal experiences with ease of use/cost/tenant acceptance would be great.



Thanks.