- Joined
- Dec 14, 2013
- Messages
- 980
Thank you for your input!
Last week I had a tenant provide no notice and moved out on March 1, 2016. This tenant has previously paid late but usually remedied the situation. I was prepared for late payment and after receiving no response from the tenant, filed with RTDRS on March 2, 2016. I proceeded to hand deliver the court notice and discovered by looking through the glass door that the suite was abandoned.
I have tried calling the tenant to no avail. I am unclear on how best to provide service. My somewhat limited experience with legal matters is that you should provide exactly the requirements as there are no points for being overly generous in providing notice. I want to fully fulfill my legal and moral requirements but at the same time, this tenant left me without a moment of notice. The month previous I had even allowed him to start making bi-monthly rent payments to accommodate some cash flow challenges with the understanding we would have a conversation if any events would arise that would threaten his ability to pay on time in future. So, yes, the writing was on the wall. But I was prepared.
We have already mitigated the immediate problem. The suite was cleaned, painted, and a new tenant was selected this weekend.
Key questions for which I would value receiving input:
1. Tenant's insurance: does this give me the ability to collect for damage or lost rent? He was required to provide proof of this when he took possession about 1.5 years ago
2. He didn't pay likely because he was embarrassed about losing his job. So 99% chance he has no money to pay me if I did receive a judgment against him. How does this process actually work? My court date is on the 15th. What judgment should I seek from RTDRS? While there are damages to the suite, I do not believe they are above the DD. The loss in rent will be in the neighbourhood of $1.800. Total damages have not yet been tallied. Are there any potential negatives to going to RTDRS? If damages are less than his DD may I have to pay them out and separately claim for loss of rent? His DD was ~$1350 as I recall.
3. Optimal method of collections? Hire an agency?
I'm just weighing my options and would like to receive input on how you would proceed forward. I am not after any kind of vendetta but I want to be fair to myself and also weigh the fact that he has obligations due to me that he did not fulfill.
Last week I had a tenant provide no notice and moved out on March 1, 2016. This tenant has previously paid late but usually remedied the situation. I was prepared for late payment and after receiving no response from the tenant, filed with RTDRS on March 2, 2016. I proceeded to hand deliver the court notice and discovered by looking through the glass door that the suite was abandoned.
I have tried calling the tenant to no avail. I am unclear on how best to provide service. My somewhat limited experience with legal matters is that you should provide exactly the requirements as there are no points for being overly generous in providing notice. I want to fully fulfill my legal and moral requirements but at the same time, this tenant left me without a moment of notice. The month previous I had even allowed him to start making bi-monthly rent payments to accommodate some cash flow challenges with the understanding we would have a conversation if any events would arise that would threaten his ability to pay on time in future. So, yes, the writing was on the wall. But I was prepared.
We have already mitigated the immediate problem. The suite was cleaned, painted, and a new tenant was selected this weekend.
Key questions for which I would value receiving input:
1. Tenant's insurance: does this give me the ability to collect for damage or lost rent? He was required to provide proof of this when he took possession about 1.5 years ago
2. He didn't pay likely because he was embarrassed about losing his job. So 99% chance he has no money to pay me if I did receive a judgment against him. How does this process actually work? My court date is on the 15th. What judgment should I seek from RTDRS? While there are damages to the suite, I do not believe they are above the DD. The loss in rent will be in the neighbourhood of $1.800. Total damages have not yet been tallied. Are there any potential negatives to going to RTDRS? If damages are less than his DD may I have to pay them out and separately claim for loss of rent? His DD was ~$1350 as I recall.
3. Optimal method of collections? Hire an agency?
I'm just weighing my options and would like to receive input on how you would proceed forward. I am not after any kind of vendetta but I want to be fair to myself and also weigh the fact that he has obligations due to me that he did not fulfill.