Rent Thieves – Consequences

November 2nd, 2016 · 4 Comments · Landlord & Tenant Board, Rental Property

d_demon

As I write this post, I’m sitting in an apartment for the entire purpose of watching someone pack. After a long legal ordeal, the tenants’ tenancy was terminated. These tenants have taken advantage of a loop hole where you can void your order time after time by paying your arrears. While it seems to make sense, it’s extremely inconvenient for the landlord because they must pay the entire mortgage and expenses and wait for a payment that may never come. In our case, as a third party property manager, we hire a paralegal to evict the tenants and I think this is the fifth time.

At the Landlord & Tenant Board, they have a rule where you can file multiple applications for the same $170 fee as long as you do it all at the same time. The final Notice of Termination for Non Payment was accompanied by a Notice of Termination for Continual Late Payment. With the 4 previous Orders as evidence, and the lack of appearance by the tenant to defend themselves, the final termination of their tenancy was allowed by the Adjudicator.

My serial rent thieves did not even bother to read any of the notices, notices of hearing, Orders or Sheriff papers because they went ahead like they have done 4 times before and paid me every single penny of the arrears on the afternoon the sheriff came.

Except, they can’t move back, they overpaid me (Because of their Last Month’s Rent) and I quickly returned the payment to them and told them that they had 72 hours to move. I also collected all the arrears for the landlord.  Fucking brilliant.

Honestly though, I still have no idea what is going on with these tenants, they are immigrants, very clean, don’t seem to drink or have drug problems. Their place is immaculate.  They just don’t pay the rent until the sheriff is at the door or sometimes a day after. Polite, well spoken, decent credit, well dressed and they have already found their new landlord victim. The moving truck is arriving in an hour.

Considering this drama has been going on for over a year now… I’m quite happy that my problem is going to move on and be someone else’s problem.

And that’s why you can’t trust landlord references for shit.

P.S. I did not give these people a reference but it happens. A. LOT.

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4 Comments so far ↓

  • Christine

    I’m sure it does 🙁 Landlord wants to get rid of them, not going to give them a bad reference. Sad case of rock and hard place.

  • Viktor K

    Hi Rachelle,
    I am a landlord and I didn’t fully understand why they had to move. I thought if the tenant pays the whole arrears including LTB fee and sheriff fee, they will nullify the notice and can stay. Is it because they paid too much or is it because it was an N8 instead of an N4 notice?

    I would love to have this knowledge in my back pocket when to use when i need it.

    Thank in advance,

    Viktor

    • Rachelle

      Hi Viktor,
      The final time we sent the forms N-4 & N-8 and with their prior history, the tenancy was terminated legally according to the Order. The tenant did not as usual attend their hearing, nor read any paperwork we or the Landlord & Tenant Board sent them. Then paid all the rent arrears and their last month’s rent thinking they could void their eviction… again. So I got to say, thank you, here’s your last month’s rent back, your tenancy is terminated, you can’t move back in. They were shocked for like 5 minutes and there was some tears, but about 30 minutes later, they had recovered and asked how much money they would get back and they moved into a new place.

      The LTB allows for filing more than one application for the same fee, so it’s no hardship to add an N-8 or an N-5 if there are additional issues with your tenants.

      • Viktor K

        This is good to know! Thank you for taking the time to reply.

        P.S. I enjoy your website very much. keep it up!