Do not delay. The tribunals can take a couple months to hear your complaint
If the tenant is late ACT FAST
Prepare the required Landlord and Tenant Notice forms
Serve the form on your tenant.
Do not wait. If they are 1 day late, serve them at once. Let them know you mean business.
The tenant has 14 days to pay or face eviction, but eviction takes a lot of time
If the tenant does not pay within 14 days, immediately file for a hearing before the LT tribunal
The hearing process will easily take 2 months to be heard.
In the meantime, you could be stuck with a deadbeat tenant.
You may get them evicted, but you will probably never collect a penny in back rent. They do not have money which is why they do not pay your rent.
ParaLegal Advice will help you find a professional ParaLegal anywhere in Canada.
Paralegals are usually more experienced and much less expensive than lawyers for these matters
Generally speaking lawyers cost too much and simply don't want to handle tenants legal matters in the various Landlord Tenant courts/tribunals across Canada.
YOU SHOULD NEVER LET A TENANT GET BEHIND ON THEIR RENT
Tenants who cannot or do not pay rent, probably have no assets so your money is probably lost forever. Stop the losses immediately. Evict them without delay.
If the tenants do not pay rent or move out by the date on your Termination Notice have a paralegal file an application for eviction with the Landlord and Tenant Board. You can do that yourself if you prefer.
Filing your Termination application can take a couple weeks. An eviction hearing will be scheduled. The hearing will usually be in about three weeks after your Termination application has been filed.
If you are successful and obtain an eviction order, the tenant will have ten days to comply with the order.
If they do not move out, you must file the eviction order with the Sheriff’s Office. The sheriff will forcibly evict the tenant. This eviction takes another two weeks or so.
In total, from the time you issue the Notice of Termination, the eviction process can take between 5 and 8 weeks.
CAN I RECOVER MY BACK RENT AND COSTS FROM AN EVICTED TENANT?
Probably not.
Yes, you can easily obtain a judgment in Small Claims Court for the rent owing and related costs.
THE PROBLEM WILL BE COLLECTING FROM THE DEADBEAT TENANTS.
If you could not collect your rent, they will probably never pay the judgment. Finding them, then finding their assets will probably take more time than it is worth. You have been had. It is that simple.
No court will not collect your judgment for you.
CUT YOUR LOSSES AND BE MORE CAREFUL SELECTING TENANTS IN THE FUTURE.
Why Go To a Landlord Tenant
Court or Tribunal?
LANDLORDS: The common reason is simple: the tenant isn’t paying her rent.
Is s/he disturbing others or is she damaging your property or an ongoing problem?
You need to get rid of the problem and cut your losses as quickly as possible