Hi,
First off, I feel for you. Second, Take action as soon as possible, or you feel you have to.
The eviction process in Ontario is stacked in the tenant`s favour. We are going through the process right now, we have issued Notices before but this is the first time we have had to go to the board for hearings.
I have witnessed a few lawyers in the hallways before hearings trying to arrange deals with tenants and fighting with the landlords before going to the hearings. They actually say that they "don`t evict tenants here", to thier landlord clients.
At the hearings and mediation sessions we have been at, the "members" of the board actually advise tenants how to complain about other issues during hearings, tell them what forms to fill out, what bylaws to check into while you are supposed to be talking about missing rent. They also have legal aid offices for tenant`s right outside the hearing rooms.
In Ontario, the tenant can also bring up phantom complaints that you will have to defend without notice at the hearings that may get rent reductions.
The process is also drawn out, the N4 takes 14 days, then the hearing will be around 14 days later if you file for your L1 on the day after the N4 is ignored. At the hearing the "member", will not evict the tenant unless they want to leave, don`t show, or indicate they have no way of payment. But if they can give a schedule, the board will pick another arbitrary period of 2-4 weeks for the tenant to come up with the money. If they don`t pay then you can hire a sheriff and wait some more, and then go to small claims court for your money which they won`t pay, and then you can go the garnishee, credit report file route.
If they pay, then the process starts again and you have a new enemy, that will start playing games with the system and your time. Our utility costs have trippled, and we have now been dragged to hearings for mystery heat problems, and now the tenant wants us to pay for meals because they locked themselves out and we did not get there for 4 hours.
The fees for the hearing will be paid for by the tenant if they are without a good reason for not paying.
My advice is that if you do not like conflict, or react in a hostile manner to conflict, or fear a court like scenerio, hire a lawyer.
However, It is not a complicated process to handle on your own if you can keep your emotions in check. It does not seem like a fair process though. In fact when this tennant is evicted, we plan on writing our MPP and filing a complaint about how the "members" openly advise tenants on how to retaliate and complain when they are supposed to be listening to the complaint that is formally filed.
We will probably try the buy out route in the future, but sometimes you get a professional deadbeat in your homes. An expensive education.
Good Luck
BillF
PS-If the tenant is not on a set lease you may be able to evict for frequent non-payment which is just a different form, but I have heard you only have to go to the board twice with this complaint, and this will usually result in a eviction order.
