Failure of a person to have paid rent
This is an area where you will go to the Landlord and Tenant tribunal for some situations and to small claims court for others.
It is not the purpose of this text to explain the steps that you must take to evict a tenant but more to explain that a Landlord and Tenant Board Order for payment of back rent is enforceable by the courts. Depending on the situation or circumstance, you can get an order for the payment of arrears of rent from either the Landlord and Tenant Board under the Residential Tenancies Act or from the appropriate small claims court if the amount of the rent arrears that you are collecting does not exceed $25,000.00. (You are allowed to reduce the amount of your claim to comply with the monetary jurisdiction of the small claims court.)
If the tenant is still residing in your rental unit, you will apply through the Landlord and Tenant Board for an Order usually to evict the tenant and for the amount of rent arrears as well.
If the tenant is no longer living in your rental unit, then you will apply through the courts to obtain an Order for the payment of rent arrears.
In either case, the Order is enforceable by the courts because the Landlord and Tenant Board has no enforcement capabilities. Enforcement proceedings are carried out by the various courts upon the Board’s Order being filed with the appropriate court having jurisdiction over the matter.
If you are located in the Greater Toronto Area (Toronto, Etobicoke, Brampton, Mississauga, Oakville, Guelph, Milton, Orangeville, Richmond Hill, Caledon, Barrie ), and you are experiencing a failure of a tenant to have rent paid, call A. Perlman Paralegal Services Professional Corporation to obtain a comprehensive evaluation of your specific case and to determine how best to proceed with your matter.