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Eviction

  • Fri, July 03, 2020 8:41 AM
    Reply # 9075740 on 9067360

    Hi Christian 

    Tank you very much for the reply, I'll try to contact Shadi


    for more details

    Cheers

    Mike

  • Fri, July 03, 2020 8:36 AM
    Reply # 9075721 on 9072397
    Christian Szpilfogel wrote:

    Hi Michel,

    They really can't stretch it out at all. But the challenge is that evictions are not currently being enforced by the sheriff's office (provincial mandate) so an N4 / L2 will prove to be futile and a long wait based on what we see at the moment. 

    The LTB is hearing L9 applications and have already set precedent that C19 is not a reason to not pay rent. An L9 does not discuss eviction but only requires the board to determine whether or not there are rent arrears. With this judgement you can pursue the tenant for money's owed. You can do the follow up (post L9 judgement) yourself or hire a collection's agency. As part of the collection process, it can affect the tenants credit rating. This will be your decision so it is a real threat. And if that matters to the tenant, that may be enough for them to work out a payment plan. You can of course go straight to the collection agency and speed things up but an L9 makes things tidier.

    If the tenant really doesn't care about their credit record and score then another option is to allow them out of their lease with or without penalty or potentially cash for keys. All depends on the situation, the tenants situation and your ability to negotiate.

    I always recommend using a paralegal when you start down an LTB path. It will save you money in the end especially if the tenant hires a paralegal or has access to Legal Aid Ontario.

    That's pretty much it, but happy to discuss over the phone. I'm sure Shadi will give you good advice as well.

    Michel Michaud wrote:

    +If some tenants are in arrear since Jan. ,2 months before we even heard of covid 19

    How long can they stretch it out without paying their rent 

    I need advise please, can someone refer a good lawyer specializing in these matter.

    Thank you




  • Wed, July 01, 2020 2:53 PM
    Reply # 9072397 on 9067360
    Christian Szpilfogel (Administrator)

    Hi Michel,

    They really can't stretch it out at all. But the challenge is that evictions are not currently being enforced by the sheriff's office (provincial mandate) so an N4 / L2 will prove to be futile and a long wait based on what we see at the moment. 

    The LTB is hearing L9 applications and have already set precedent that C19 is not a reason to not pay rent. An L9 does not discuss eviction but only requires the board to determine whether or not there are rent arrears. With this judgement you can pursue the tenant for money's owed. You can do the follow up (post L9 judgement) yourself or hire a collection's agency. As part of the collection process, it can affect the tenants credit rating. This will be your decision so it is a real threat. And if that matters to the tenant, that may be enough for them to work out a payment plan. You can of course go straight to the collection agency and speed things up but an L9 makes things tidier.

    If the tenant really doesn't care about their credit record and score then another option is to allow them out of their lease with or without penalty or potentially cash for keys. All depends on the situation, the tenants situation and your ability to negotiate.

    I always recommend using a paralegal when you start down an LTB path. It will save you money in the end especially if the tenant hires a paralegal or has access to Legal Aid Ontario.

    That's pretty much it, but happy to discuss over the phone. I'm sure Shadi will give you good advice as well.

    Michel Michaud wrote:

    +If some tenants are in arrear since Jan. ,2 months before we even heard of covid 19

    How long can they stretch it out without paying their rent 

    I need advise please, can someone refer a good lawyer specializing in these matter.

    Thank you



  • Tue, June 30, 2020 7:30 PM
    Reply # 9070699 on 9067360

    Hi Michel,

    Give me a call, we just evicted non-paying tenants last month and 3 more this month.


    Michel Michaud wrote:

    +If some tenants are in arrear since Jan. ,2 months before we even heard of covid 19

    How long can they stretch it out without paying their rent 

    I need advise please, can someone refer a good lawyer specializing in these matter.

    Thank you




    Last modified: Tue, June 30, 2020 7:30 PM | Shadi Guirguis
  • Mon, June 29, 2020 8:52 AM
    Message # 9067360

    +If some tenants are in arrear since Jan. ,2 months before we even heard of covid 19

    How long can they stretch it out without paying their rent 

    I need advise please, can someone refer a good lawyer specializing in these matter.

    Thank you


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