Small Claim Court

[CBF]

Hi Guys,



I'm a new investor and I'm looking for opinions and past experiences with this post.



I have a tenant which will receive a notice to evict tomorrow from the sheriff. Simultaneously, we are planning to submit a Small Claim with the court that would simply cover the determination from the LTB and associated costs with the eviction.



Has anybody had any experience with the evicted tenant getting back to you (personally) for the eviction or the Small Claim?



Any and all feedback is welcome.



Thanks.

 

[ChrisDavies]

Depends on which province you're in. Most have a dispute resolution service which is much faster and cheaper than small claims.

 

[CBF]

Hello, this is in Ontario. But my concern is more towards harm to my personal property or even myself as a form of revenge for getting evicted and being brought to court.

 

[invst4profit]

I do not believe anyone can give you information on tenants coming back on a landlord aside from "it's possible".

In eviction cases it is very common for tenants to do property damage and, depending on the amount, it is common to go to small claims.



Following a eviction any action on the part of a ex tenant, in retaliation, is a criminal matter that you can deal with through the police. This is a vast improvement over dealing with the LTB which is designed primarily as a tenant protection bureau.



Depending on the monetary amount involved, particularly in Ontario because of the LTB, it is common practice to proceed to small claims court to recoup business losses.



My personal policy is anything over $1000 (sometimes less depending on the tenant) I automatically filed to Small claims court.

 

[wealthyboomer]

Make sure to check all the drains to make sure they are working. It has happened that some disgruntled tenants will pour cement down the drains knowing that the landlord usually doesn't check it when doing the move-out. Or in your case the 'forced' move-out. This can be very expensive.