If you are a landlord or a tenant involved in a residential tenancy in Ontario, there is a complex legal regime governing your tenancy. Landlords and tenants who are well informed about the law can avoid problems before they begin. If you are involved in a dispute the best way to protect your rights is to hire an experienced housing lawyer to work on your case.
If a tenant does not pay their rent on a single occasion, a landlord will give the tenant an N4 Notice the day after the rent was due. The tenant can void the N4 Notice by paying within 14 days of receiving the Notice. If the tenant does not pay, the Landlord can apply to the Landlord and Tenant Board for a hearing seeking an eviction order for the tenant. What recourse does a landlord have if a tenant is frequently late paying the rent? Late rent payments can make budgeting for mortgage payments, property taxes, utilities and maintenance very difficult for smaller landlords. In recognition of this difficulty the Residential Tenancies Act (RTA) gives landlords the ability to evict tenants for the frequent late payment of rent.
Late Rent Payments, Eviction Procedure
If a tenant has persistently paid their rent late, a landlord would need to give the tenant an N8 Notice to End Your Tenancy at the End of the Term, the landlord must include specific dates and details of the incident in the N8 form. After serving the tenant this notice the landlord could apply to the Landlord and Tenant Board for an eviction hearing. After filing with the Board for a hearing, the Board will mail out a Notice of Hearing to the Landlord and the Tenant.
At the hearing the parties will be offered free, voluntary mediation before the matter is heard. A common resolution in these cases is an agreement to pay the rent on time for a period of 1 year, failing which the landlord can apply to evict the tenant without a hearing. If mediation fails the parties will have their hearing, both sides can present evidence and/or witnesses to prove their allegations. If the Board agrees with the landlord they will issue an eviction notice with a termination date.
If you are involved in a landlord and tenant board dispute, the best way to protect yourself is to hire a landlord tenant lawyer to work on your case. Mehdi Au LLP has experienced housing lawyers on staff who would be happy to assist you with your matter.
Disclaimer: Use of this site and sending or receiving information through it does not establish a solicitor / client relationship. The views expressed and the content provided on this blog is for non-profit educational purposes. It is not, and is not intended to be, legal advice on any specific set of facts. The use of this website does not create a solicitor-client (attorney-client) relationship. If you require legal advice, you should contact a lawyer directly.Back