I have tenants (couple who broke up) that have given me their notice. First off they have only given me 1 months notice, which I am not sure is adequate.
Also, they were splitting the rent and the one of them has only given me a small portion of their half of the rent because they need money for their move!
So I am not sure If I should either give them an N4 or L9 (i am in Ontario)
How did they provide notice, verbal, written, e-mail ?
Do you have a last month rent deposit.
I need the above info to answer some parts of the question.
As far as the non payment is concerned file a L9 to collect but wait till you have a answer on the entire situation so that you can file all applications under the same fee if possible.
I was given hand written notice on January 1st, which stated their intent to vacate at the end of January. I was not given a last months rent when they moved in.
Technically since they did not give notice till Jan 1 they are on the hook for February and March rent according to the RTA. Tenants are required to provide notice of two rent periods meaning they should have provided notice prior to Jan 1 to vacate by the end of February.
In the past how was the rent paid, did you receive one check or did they pay 1/2 separately, whose name was on the check if only one payment was being received.
At this point you need to immediately file the L9 with both names on the form. Be very careful to fill everything in accurately. Mistakes will cost you the case. You must file while they are still occupying the unit so do it tomorrow.
Due to the present date you will not have a hearing till February which is to your advantage in light of the fact that you do not have a last month rent deposit (major mistake on your part).
At the hearing you will add February non payment to the same L9 application thus giving you an award for February as well. If they have vacated you also need to request March rent by arguing they did not provide adequate notice, take their note as evidence and make sure you have date stamped photos of the apartment following their move out.
Make sure during the hearing to request the tenants pay the $170 filing fee for the L9 as well.
I would inform them of what their obligations are (verbally, put nothing in writing from this point forward) as well as letting them know you have applied for the L9 which will cost them in addition to the rent owing the $170 filing fee. Suggest they pay all of January, February as well as the $170 fee prior to the hearing and you will allow them to avoid the March payment. Tell them if they do not pay you will proceed to small claims court if necessary (I assume you have their SI numbers and employment information). The fear of having their credit rating destroyed may be motivation enough to pay or possibly they simply do not know what their obligations are and will bow to your pressure.
Regardless you must file the L9 tomorrow or you risk losing everything. After they move out you will have no option except small claims court as it will no longer be a LTB matter.
That's fine just make sure both their names are on the L9.
As far as you are concerned their personal relation ship is of no consequence.
If you do convince them to pay all monies owed prior to the hearing have them sign a N9 terminating their lease as of the end of February or March (which ever you agree to).
Keep in mind if you were to issue the tenant a N4 they would legally be allowed to move out 14 days later and would owe you nothing except the money up to that date. Generally speaking a N4 is useless in the case of non payment of rent as the LTB rarely ever evicts resulting in your loss of the filing fee and still being stuck with the tenant. In the case of a L9 the landlord always wins and will always be awarded the filing fee.
N4 = landlord financing of tenant rent - 14 days plus no penalty for leaving without proper notice.
L9 = automatic win for landlord, ruling against tenant plus a $170 penalty/lesson learned by tenant.
Of course actually collecting the award is another matter. Generally only responsible individuals will pay up fearing damage to their credit score. This is a good reason never to rent to those on Government assistance in Ontario.
