I have a tenant who is refusing to pay me rent. He has been late many times and I have always given him time to pay

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Customer: Hi,I have a tenant who is refusing to pay me rent. He has been late many times and I have always given him time to pay without issuing and N4. Recently, circumstances in my life changed to where I need to either resume ownership of the property or sell my property to use the money to purchase somewhere else. He recently kicked my other tenant (his girlfriend) who is also on the lease out of the house. (The lease is now month to month).The female tenant called the police and they said they could not resolve the issue so she left the property. I did not know these details until well after the events unfolded. I did know that they had broken up after the sent me rent separately for the first time in june and I had to inquire about a substantial missing portion. The female tenant told me of the breakup and that she was looking for a new place.The rent was never paid in full for June. However, in July they paid the rent together and there was no update on the female tenant moving out. I thought they had reconciled.However, the female tenant notfifed me on July 30th that she would be moving out as of August 1st. On July 30th I spoke to the male tenant to ask him what he intended to do and I let him know that I was considering selling the house. The next day I let him know that I wasn't sure which of two options I would take but I would either be moving back in or selling the house to buy a new place so I was giving him 60 days notice and an offer of $1000 to help secure his next place and I would waive the rent he owed from June. He got angry and said I was trying to illegally evict him. I repeatedly tried to explain this I was making him an offer and that if he needed more time or had an offer in mind that would be more suitable he only needed to ask and if it was reasonable then I would be happy to accommodate.As an aside, we had never had a confrontational relationship and I had never involved the landlord tenant board when he was late with his rent so I didn't think of going that route when I decided I was either going to sell or move back in. I have been recently advised that even if a day late to start the N4 process but until now that had seemed so unkind.Anyway, he said through text and email that he was going to stay in the place and not pay me another cent in rent and that it would drag out for months before there would be a hearing and all that time he will not pay rent and that the covid rules mean he does not have to pay rent. He has threatened to take me to court for unlawful eviction (he has not been evicted). I have filed an N4 and lawfully left it in his mailbox. He has not acknowledged it. The next step will be an L1. In the meantime I'm readying the house for sale. My questions are
1) Can I take him to collections for the rent he owes now?
2) Is there any legal recourse for me since I have in writing that the tenant does not intend to pay me for the forseeable future?
Answered by Debra in 2 hours 2 years ago
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Debra, Expert

Thank you for your question. I am the attorney that will be assisting you today. All information provided is not considered legal advice and no attorney-client relationship has been created. If you receive a pop-up that offers a phone call, that is automated and not from me. If you would like to speak via phone, I will be happy to do that as well. Please allow me a few minutes to read your question and provide an answer and guidance.
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Debra, Expert

you need to proceed forward with eviction proceedings. Be sure to retain the messages regarding the tenants threat to not pay anymore rent moving forward. Those are grounds for eviction as well. The moratorium on evictions for COVID 19 were not extended to date so that will not prevent him from being evicted. Yes, after the court issues the order for the tenant to vacate,
You can make a claim in small claims for unpaid rent. Once a judgement is entered, you can garnish his wages if he refuses to pay.
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Debra, Expert

My goal is to provide a quality answer to your question. Please don’t forget to provide a 5 star rating for the answer I have provided and let me know if you have further questions. Thank you and best wishes.
Customer
the landlord tenant board will not order him to pay the rent he owes?
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Debra, Expert

That could be the case. However, I’m not sure that has the same enforceable affect as a Court ordered judgment against the tenant.
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Debra, Expert

In the end, you will want to have a judgment in hand to invoke the ability to collect your judgement. It sounds like this tenant is not going to willing hand over the past due rent based on a ruling outside of a court.
Customer
Aha! I see. He has been through this process before and I think he's banking on the idea that I won't take him to small claims court.
Can I lawfully take him to collections without a formal court judgement? Secondly, can I include my lawyers fees in the claim if I take him to small claims court?
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Debra, Expert

I'm sorry, I just realized that you are in Canada. I will opt-out as I am an American lawyer.

Customer
Ok thank you. Take care.
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Debra, Expert

I am sorry to hear of this difficult situation.

You can sue him for the rent he owes you or have a collection agency do this but when you get the eviction order at the same time you can get an order for the rent he owes you.

He is wrong about COVID evictions. He can now be evicted and he definitely owes all the rent.

You cannot evict for the sale of the house unless it is sold and you are evicting on behalf of the new owner for personal use. You can evict for your own use. He gets 60 days notice and one month's free rent - if he doesn't owe you rent.

You can evict for unpaid rent and for persistent late payments.

The tenant's statement is excellent evidence for you.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Hi Debra. Thanks for the responding! I know I can't evict for sale of the house unless there is a purchase agreement but a tenant can agree to end tenancy. l d hoped my offer would be a good incentive for that but unfortunately it wasn't received that way.I do have tons of written evidence against him. He has been to the landlord tenant board before and says they favor the tenant but can his past hearings work against him in this case? Also, if the house sells and closes before I have the eviction hearing and he does not pay me rent but stays in the house until the new owners take possession, then do I go straight to small claims court/collections?
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Debra, Expert

Yes his past hearings will work against him. I don't see how he can possibly succeed this time.

Yes you would go to Small Claims court or a collection agency.

Customer
Thank you for you help :-) I think he has read me as soft and weak because I have been kind to him. He's trying to buff and intimidate his way to an advantage over me. It's really nice to have it confirmed that I stand on good footing. Thank you and all the best.
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Debra, Expert

He is very unfair. He should have been kinder to you and he would have been way ahead.

Customer
He would have. He has a lot going on in his life and is perhaps taking it out on me. I was down and utterly confused for a short while but I believe everything happens for good so there is a blessing and potential for growth for us both in all of this.Thanks for your insight Debra! Take care.
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Debra, Expert

You too!

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