s l o w paying tenant

[paulmcghee]

I have 10 doors and never a problem with collecting rents. I have a tenant that is late by 3 to 15 days each month with all the excuses in the book. Has failed to deliver post-dated cheques and likely can not affords to be in my Edmonton Townhouse at $1300/month.
SO,, i delivered a termination notice giving them what I thought was a polite 90 day out. They were on a 6 month term that ended in Feb and now month to month.
I fear I am going to get hooped for 90 days,, except for the damage deposit.

Poor selection day one,, and too lenient throughout.

How do I get them out and how do I get them to pay during the 90 days.

How difficult is it to proceed with an Order of Possession action ?

Thanks, Paul

 

[GarthChapman]

Call Melissa in Calgary at Landlord 911 at (403) 259-0029. She`ll need a bit more info than what you have provided here, but it sounds like you may be able to act on this. Generally in Alberta the Tenant has to be in violation of the lease. Your past behaviour in tolerating the late rent payments can be used against you in Court, by creating `precedent behaviour` that the Tenant can argue leads them to believe that you would continue to accept late payment, and that you are surprising them and being unreasonable in expecting them to change this behaviour so quickly.

We find that using a professional service and going to Court when necessary in Court of Queen`s Bench (QB) is much more effective in getting good results. In QB the Tenants need to hire a lawyer, where in Provincial Court they can represent themselves, and the Judges in QB are more senior and less likely to buy in to the `poor me` tales of woe some Tenants deliver in Provincial Court. Provincial Court Judges spend much of their time dealing with Family Law issues, and they are muchmore swaed by public opinion and tend to blow with the wind.

Hope that helps,

 

[ChrisDavies]

I`ve been successful in arguing at RTDRS that paying late like that is substantial breach. All I ask for is a Cinderella order for the rent to be paid on the 1st. The first time the tenant misses it, go directly to jail.

 

[MONEY]

QUOTE (GarthChapman @ May 2 2008, 05:31 PM) We find that using a professional service and going to Court when necessary in Court of Queen`s Bench (QB) is much more effective in getting good results. In QB the Tenants need to hire a lawyer, where in Provincial Court they can represent themselves, ...

When did self-representation stop in QB? In the past I have been both plaintiff and defendant in QB, and represented myself in all actions.

 

[GarthChapman]

QUOTE (MONEY @ May 2 2008, 09:49 PM) When did self-representation stop in QB? In the past I have been both plaintiff and defendant in QB, and represented myself in all actions.

It can be done, and a sophisticated investor might do a reasonable job of it, but the average `problem tenant` does not present well enough to be effective, and the ambiance in QB is very intimidating to them (unlike Provincial Court). I have not yet seen a tenant represent themselves in QB.