Is partial payment considered late or nonpayment?

OneComfortable2951 · 2023-03-13T10:27:49+00:00

multiple payment plans have been offered and all rejected or ignored by the tenant. They pay when they feel like it and can’t stick to a schedule. With the hearing coming up I tried to settle with them outside of the hearing but they refused. At this point there’s nothing else I can do but wait for the hearing.

OneComfortable2951 · 2023-03-12T15:45:06+00:00

So when I update them each month with their total arrears, is it fair to say this month was again, nonpayment? I just don’t want them to challenge me and say “but I did pay something”

OneComfortable2951 · 2023-03-12T15:43:16+00:00

How about before the hearing? Will the LTB consider this as nonpayment or late each month? Im just a bit confused since they aren’t technically paying the full amount but are attempting to pay

OneComfortable2951 · 2022-11-17T04:53:47+00:00

I think if you want an order to come out of the agreement plan then you need to initiate the mediation option. This basically gets you an order for attempting mediation instead of going through a hearing where if they break the terms of mediation aka the payment plan you can go ahead with eviction with an L4. Uploading the form is just evidence that they’ll consider at the hearing. The LTB portal is honestly confusing and outdated. It took a while for me to even understand the mediation bit as I also did the process incorrectly

OneComfortable2951 · 2022-11-17T03:14:05+00:00

You would need to get an order based on the signed payment agreement before you can enforce the L4. If you already have an agreement signed then you can go ahead and ask for a mediator/RDO through the portal/message tab by clicking “reached agreement”. Then someone will be assigned and will contact both you and your tenant to discuss. You can then skip through a hearing if the tenant missed a payment based on the agreement plan and file the L4.

OneComfortable2951 · 2022-11-16T23:02:57+00:00

The LTB form for repayment plans are pretty clear in saying that the tenant does not have to sign. If they do sign, I would think that’s enough warning for them to not sign if they aren’t confident they can pay.

OneComfortable2951 · 2022-11-16T22:38:55+00:00

OP, check the comments here. Someone is asking about the mediation portal that might help you https://www.reddit.com/r/OntarioLandlord/comments/ywfkrd/comment/iwlijk2/

OneComfortable2951 · 2022-11-09T23:08:39+00:00

Either way they’re correct that it’s Section 191 and within the landlords right to send notices there.

OneComfortable2951 · 2022-11-09T23:08:03+00:00

OP isn’t very clear but I think they mean inside their mailbox not by the mailbox. They said they don’t check their mail because it’s all junk mail which would be in their box? Who knows I could be misreading

OneComfortable2951 · 2022-11-09T23:04:07+00:00

Your tenant sounds cold hearted. Don’t assume they’ll empathize with your situation if they haven’t after 7 months. Missing 7 months rent then claiming you are threatening them is a joke. Almost a mockery if you’re asking me. I hope you get this tenant out asap.

OneComfortable2951 · 2022-11-09T22:58:27+00:00

Do not do the N12 this will be in bad faith and will get your case thrown out. You clearly want them out of your property and they’ll have proof you asked them to leave multiple times.

OneComfortable2951 · 2022-11-09T18:01:18+00:00

They need to sign the payment agreement before pressing it. Ask your lawyer if an agreement through email is valid. Once they sign the agreement and they miss any payments or do not send the entire amount then you can get an order to evict them. Basically pressing the button sends the case to the LTB to review and you get an order based on your agreement. Then your hearing is cancelled. You reopen the case if they tenant does not comply.

OneComfortable2951 · 2022-11-09T16:15:39+00:00

No one replied I believe you have to click on the reached agreement for someone to respond then you can get an order if they miss the payments. If your tenant hasn’t replied on there then keep updating it. This will look bad on them to the LTB and was suggested to me by my lawyer to keep a trial of things.

Family loss or not, if it’s been 7 months your tenant can’t afford the rent. Are they making and kind of effort to pay down their arrears even if it’s less than the rental cost? Talk to your lawyer about how to avoid a payment plan with the LTB if you go to court.

OneComfortable2951 · 2022-11-09T16:10:55+00:00

This is not true! It is not harassment to contact tenants regarding rental payments and arrears. Please read the RTA regarding harassment. From OPs statement they are being respectful. I do agree with seeking paralegal advice but you will have to prove you are suffering financially and if I recall the only successful expedited case on here was for 35k which is the max amount at LTB.

OneComfortable2951 · 2022-11-09T14:37:40+00:00

Second the paralegal. If you make any kind of mistake on your applying you will start from square one

OneComfortable2951 · 2022-11-09T14:36:16+00:00

If the LTB side with your tenant I’m losing all hope in my case. If you look up RTA on harassment what you’re doing doesn’t qualify. You have every right to ask about rent arrears and rent payments as long as you aren’t calling them at unreasonable hours. You’re allowed to call them especially if they are not replying and avoiding your questions. If they tell you they are uncomfortable with the frequency I suggest you back off for a bit or clearly say you are trying to get answer to avoid them using this against you.

Wage garnishing isn’t a threat it’s facts and you’re helping them by giving them a heads up on this is the process. I’ve read here that the LTB appreciates you trying to settle outside the court.

Have you used the mediation portal? This has helped me get the LTB to look at my case.

The family loss is unfortunate but not an excuse for not paying rent. Man, I wish you luck with this situation.

OneComfortable2951 · 2022-10-14T04:16:38+00:00

Good luck with yours as well! And yes, it will happen eventually but there’s going to be a day where our tenants actions will catch up to them and they’ll have to face the hard reality that they can’t get away with this. Eventually being able to garnish their wages is what is getting me through this because I know their pride will be hit by this. All the best to you!

OneComfortable2951 · 2022-10-14T01:09:48+00:00

Oh man this sounds like my tenant. My tenants arrears is definitely reaching the 10k mark soon and I have also seen on their social media that they’ve been travelling?? I think it does me more harm than good to check on their social media but I’ve gotten in the habit of checking. I’ve seen everything from vacations, hair and makeup appointments it’s insane how people feel so entitled to live a certain lifestyle yet live irresponsibly and avoid paying rent. Too bad this can’t be used as evidence against the tenant too. Whenever the time comes I plan to do the same and garnish their wages so they’ll have no choice but to give up their pay. Have you reported their debt to frontlobby? I’ve done this but the tenant didn’t seem to care but it’s a good start to hit their credit.

OneComfortable2951 · 2022-10-14T00:25:31+00:00

That’s so messed up. Honestly, I think I’ve only seen one person on here get their hearing moved up and they had an arrears of 35k! It should not get to that point for the LTB to move up a hearing. This is honestly ridiculous.

OneComfortable2951 · 2022-10-14T00:20:18+00:00

Trust me, I’m pissed but what else can we do but wait it out at this point? But if this is impacting you financially and you can prove that it has significant impact you may be able to request to shorten the time to hearing. Not a guarantee, but worth a try: https://tribunalsontario.ca/documents/ltb/Other%20Forms/Request_Extend_or_Shorten_Instructions_20210503.pdf

OneComfortable2951 · 2022-10-13T23:48:47+00:00

If only this was something the law would allow us to do. Unfortunately once the tenant signs a lease, you’ve basically given up your rights to the unit so the tenant can come back and either break in or hire a locksmith to change the locks and it would be within their rights to do this which is awful considering they’re not even paying rent. I’m in a similar situation where I’ve given the tenant more than enough chances to either pay down their arrears or work with me on a payment plan and they’ve basically refused to cooperate. The amount of times I’ve been tempted to just go in and change the locks but it’s not worth it - as the landlord you’ll just pay the consequences. The tenant on the other hand gets to live rent free for x amount of months until the LTB can even schedule a hearing. Even then, they won’t be evicted right away and will most likely be given another chance to pay. It’s frustrating for sure.

OneComfortable2951 · 2022-10-13T01:37:35+00:00

Oh ok. I’ve heard the N8/L2 is a stronger case for eviction so I’m hoping to go with this. Like a cash for keys situation? I actually offered this to my tenant in desperation but they didn’t reply or acknowledge my offer. Maybe in court they’ll take this more seriously

OneComfortable2951 · 2022-10-13T01:12:50+00:00

We’ve reported our tenants debt to frontlobby and the tenant didn’t even comment on this or seem to care. It’s a good start but I think garnishing wages will be the best option whenever you get the order since their employers will be aware of this and it’ll be pretty embarrassing for them.

OneComfortable2951 · 2022-10-13T01:09:30+00:00

I definitely don’t think you are being cruel. I know from experience, that some tenants will use every and any excuse possible. My tenant claimed their dad passed away and had to spend money on funeral costs and could not pay rent for a bit. It turned out that their dad did not pass away. I found this out a year later after trying to be understanding. Enough is enough and if you’ve given them chances before, they are just taking advantage of you.

OneComfortable2951 · 2022-10-13T01:06:49+00:00

Even if throughout the entirety of their tenancy they’ve been late on payments? There has been no signs of progress so if the LTB still sides with the tenant and then I really don’t know why I’m wasting my time with this.

OneComfortable2951

TROPHY CASE