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If Tenant Vacates Before LTB Hearing


Jul 30, 2011
For one condo, I had a really awful crook of a tenant who did not pay any rent nor utilities for five months (last time he paid anything was in October) so of course I filed for LTB hearing to have him evicted with a L1 application. Since the Ontario system is so backlogged, my hearing is scheduled for June. However, he just vacated this April in advance of the June hearing. He hasn't paid a cent of the $9700 still owed.

In this type of situation, should I apply to withdraw the L1 application and therefore cancel the hearing since he's already out or should I still keep it to have an official eviction order against him?

Should I apply for the L10 to try and still go after the money owed to me even though this seems to be a separate hearing that I have to apply for? I assume that I cannot turn my original June hearing into a L10 one, ie., get an order to have him pay up.

I also have a feeling that he doesn't have anywhere close to the $9700 still owed as he might be the type to spend anything he makes in booze and drugs. I already mentioned to him that I would entertain an out of court settlement if an amount is reasonable.

I have since put in a new tenant who has paid me six months of rent in advance so the unit is occupied with a paying tenant again.

Given this history, what do you folks think I should do with respect to the first tenant and the LTB hearing now that he's out?
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