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If Tenant Vacates Before LTB Hearing

ClintL

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Jul 30, 2011
Messages
77
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?
 

RE123RE

Inspired Forum Member
Registered
Joined
Jan 22, 2016
Messages
196
ven this history, what do you folks think I should do with respect to the first tenant an
Hello,
Just saw your question. Did you proceed in court and with collection? I think I would proceed just in order to get the Order which you can later use in small claims court if needed. Good chance the judge would order the tenant who vacated, to pay you the same amount the LTB calculated for you. So it makes an easier case in small claims court having the Order from the tenant and landlord board.

also, I'm curious if anyone in Ontario can recommend a reputable Collection Agency they had success working with?
I had a similar case you had with an addict who vacated and probably has no money anyway. I won in court, so still curious :)
Thank you
 
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