Help! My tenant did not pay rent

BY JAY BRIJPAUL

Here at home, job losses are severe, and many tenants are unable to cover their rent. Landlords need the rental income to cover their expenses and frustrations are brewing. There is a brief ban on eviction, but landlords can get to a running start. My last article covered the use of the N4- form; a notice to end the tenancy early for non-payment of rent. The next step is to apply to the Landlord and Tenant Board (LTB) for eviction and to collect past due rent (L1 Form).

Landlords cannot apply for eviction unless the tenant was served with the N4. They must apply after the termination date given on the N4, otherwise, the application is not valid, and the landlord must start over. A copy of the N4 along with the certificate of service for that notice must accompany the application. If not, the application will be rejected by the board. All forms are available on the Landlord and Tenant Board’s website and the L1 can be completed online and e-filed directly with the board.

The L1 consists of seven sections. The first caters for the address of the rental property. It must be accurate and match the one provided on the N-4. The second portion deals with the amount owed. The amount owed is the rent and the cost of the filing fees. The third is information about both the landlord and the tenant so that the board can communicate with both parties. In the fourth section, the landlord can select the reason for the eviction. It also requires the frequency of rent payment, such as monthly or weekly, and whether the tenant still occupies the property. In addition, the landlord must state the amount of rent deposited for the last month and when the deposit was collected as well as the last rental period the tenant had paid interest on the deposit. The next segment is for the landlord to show how the rental amount owed by the tenant was calculated. Part 6 is a summary of the total rent due including NFS cheques, administrative and application charges. The seventh section is for the landlord or the representative to sign. LTB will schedule a hearing between three to six weeks after the filing date of the L1 form.

Once the forms are submitted to the board, the case is reviewed and entered into the case management system. Staff will check the supporting documents and the timeline for submission. Providing false information to the board is an offence. LTB will send a notice of hearing to all parties within five business days. The notice of hearing will contain details about the type of application filed, the reason of the hearing, how the hearing will take place, for example by phone or in person, and finally the date, time and location for the hearing. The next step is mediation.

Mediation usually happens at the day of hearing. Mediations are done by the LTB dispute resolution officer, a neutral party. For mediation to happen, both parties must agree. If a settlement is reached, then, the officer will prepare a document for both parties to sign and the hearing will be cancelled. It is important to ask that the settlement be placed in a “consent order” because it is enforceable by court. For example, if a tenant agreed to vacate the property by a certain date but did not deliver, the consent order is enforceable. Mediation saves time and mends fences. If an agreement cannot be reached, the hearing continues.

The hearing is similar to a court session where the applicant, the person who files the application, the respondent, the person named in the application and a member of the LTB will listen to the case. Usually, there are many cases to be heard in the same day. The LTB will handle cases for parties with representation such as a lawyer and a para legal first. After the hearing, the member of the LTB will give their decision immediately or reserve it for later. This decision is called an order.

The order will inform the parties as to the decision of the LTB. Usually a copy of the order is mailed to all parties involved and may include reasons why the decision was made. An order to evict a tenant for non-payment of rent, for example, can be thrown out if the tenant pays all the rent due by the order date. The tenant must file an affidavit and motion to void an eviction order for arrears of rent. A member of the LTB will make the final decision. The order is enforceable by the courts. For example, if a tenant does not move out of the rental unit by the deadline in the eviction order, the order can be filed with the court enforcement office (the sheriff’s office).

George William Russell, a renowned Irish writer and nationalist, said that “the relationship of a landlord and tenant is not an ideal one, but any relationship in a social order will endure if there is infused into them some of that spirit of human sympathy which qualifies life for immortality.” Sometimes the best way is to meet each other half-way.