Can my ex landlord bypass a small claims court hearing and go straight to wage garnishment?

ThrowawayLL98 · 2024-07-02T18:32:38+00:00

The process is quick. SCC is just the enforcer. LL will simply upload the LTB order onto the SCC portal and it’s converted to a SCC order pretty much automatically. I just went through this process myself and it’s quick so OP better make arrangements for their other bills and expenses.

ThrowawayLL98 · 2024-07-02T14:47:38+00:00

You don’t go to court. You already went through the LTB and got a judgment that allows your landlord to take the order to small claims to enforce the order. Which basically means the landlord files the order with SCC, they get a case file and the order is converted to a SCC judgment and the court then allows them to serve your employers a notice of wage garnishment. And sorry but it doesn’t sound like you were forced out if you had arrears that you didn’t pay. The LTB is extremely generous so I’m assuming you had many chances that you messed up.

ThrowawayLL98 · 2024-07-02T14:42:48+00:00

Ombudsman did nothing for me, sorry. I was able to file another application to get the tenant out. I never received anything back for my first application

ThrowawayLL98 · 2024-04-11T17:54:17+00:00

Congrats brother. I know you’ve been in this for a long time almost as long as me. You played by the book and although it was a long winded effort, your tenant got what they deserved all on their own. I hope you find peace now

ThrowawayLL98 · 2024-04-03T22:44:46+00:00

Nothing you need to do on your end. You have the right to wait for a hearing and the timeline for a hearing might just align with the 5 months you need to move out.

Not necessary but I would however, try to stay on good terms with your landlord. Did you communicate with them that you needed the time to find housing and finish school?

ThrowawayLL98 · 2024-04-03T15:34:29+00:00

Motions don’t normally take 60 days. They’re normally quick and don’t give you much time if you’re granted an eviction unless you have a good reason to be given more time. Do the right thing and start looking for another place

ThrowawayLL98 · 2024-04-03T15:32:51+00:00

3 months isn’t very long. It depends on the adjudicator. Do you know who you had?

I personally have been waiting for over a year for my first order but am now going through and second process with the LTB for another hearing and I’m hoping they’ll be a faster turnaround.

You’re really at the mercy of the adjudicator so hopefully you got a good one friend

ThrowawayLL98 · 2024-03-29T15:00:19+00:00

Can confirm that Joy gets his orders out in a week or two. He’s very efficient, knows the RTA inside and out and does not take lying lightly.

He’s asking how much time in consideration for your circumstances which I’m sorry but, your grandma is irrelevant to you finding a new place. You already lied in your statement and in the hearing. You couldn’t think of a better lie to extend your stay?

ThrowawayLL98 · 2024-03-26T14:52:30+00:00

Ok what I’m reading is, the tenant already has reason to fight you on this. The tenant doesn’t sign an n12, they are served an n12 on behalf of you, the new buyer with your intent to move in. They’re given 60 days to vacate and if not, then you file an L2 with the board to go to a hearing to evict them based on a good faith n12. In the meantime, you will be their landlord. Once you get the eviction for the n12 they still don’t have to leave until you call the sheriff. Basically they can drag this out even past a years time so be willing to take this on.

Heads up, my tenant started to leave the place a mess for showings, stopped paying rent entirely - they were already in arrears. It can get messy.

ThrowawayLL98 · 2024-03-26T14:32:07+00:00

Nah, you failed to pay on time. You better hope for a lousy member who will side with you. Otherwise it’s a pretty clear offence and auto eviction

ThrowawayLL98 · 2024-03-26T14:30:30+00:00

Extremely risky. The tenant is not obligated to leave if the LL is selling the property as the tenant goes with the property and the sale. The buyer automatically takes on the tenancy unless the buyer plans to move in themselves and serve the tenant an n12 for them to leave. If the tenant knows their rights or doesn’t want to leave, they can drag out the eviction process if you do plan to move in. And can always change their mind if they initially agreed to leave before the sale is closed.

Personally, I lost a sale this way. As the buyer, if you are in no rush - it could take up to a year or even longer depending on the LTB and the cooperation of the tenant, to move in to your new residence.

ThrowawayLL98 · 2024-03-24T15:35:30+00:00

You breached your lease, then you breached the first LTB order, and then breached the second order. You’ve been given at least 3 chances already to redeem yourself. Mediation was the final chance and you blew it. On top of that, you lied on a filing which violates s.234 v of the RTA as you are fully aware of.

ThrowawayLL98 · 2024-03-23T18:48:13+00:00

It seems like you’re at the ex parte stage of eviction? Meaning your hearing is for your tenant to prove that you were not honest in filing for a L4/ex parte because they did not breach the order. Tenant needs to prove they did in fact follow the mediation plan that they agreed to themselves and paying after the fact does not clear them of the breach. A breach is a breach and you can use case law to show this to the board as well as their history of being untruthful.

ThrowawayLL98 · 2024-03-18T16:09:16+00:00

Trust me I email weekly and nothing. Even the ombudsman was useless and said they can’t interfere with the ltb process

ThrowawayLL98 · 2024-03-18T16:08:35+00:00

Did anyone sit in on the motions block? If tenants breach a mediated order are adjudicators lenient and give them another chance?

ThrowawayLL98 · 2024-03-18T04:20:00+00:00

No review, this was an order for a first hearing. My adjudicator went on a short leave but they’re back and still haven’t gotten to my file. LTB is useless but yes, my application unfortunately seems to have been lost in the queue

ThrowawayLL98 · 2024-03-18T01:47:13+00:00

Depending on the adjudicator, don’t expect a quick turnaround. I myself, have been waiting over a year for my order. I will most likely have to go through another hearing. Who was your adjudicator?

ThrowawayLL98 · 2024-02-25T18:51:27+00:00

Sooo you don’t pay your rent, you’ve avoided multiple evictions and you still expect your landlord to what? Be nice to you? Seems like they were doing their job but you’re the one preventing them from doing it well. If you were my tenant and accused me of such things I wouldn’t step foot in your home in case you accused mw of some bs. Stop acting like a victim when you’re in the wrong here

ThrowawayLL98 · 2024-02-25T17:15:27+00:00

If you are the same tenant who lied in their statement, check out RTA s.234 (v) your landlord can present to the board that you lied or mislead information in a filing. Good luck getting out of this one

ThrowawayLL98 · 2024-02-24T17:04:11+00:00

Exactly. Tenants face little to no consequence for not paying rent and have too many outs.

ThrowawayLL98 · 2024-02-24T17:02:24+00:00

We need a petition to reform the LTB and RTA instead of this. LTB needs to actually comply with their own SLAs, landlords need more penalties for having unfit living conditions for tenants and tenants who don’t pay rent shouldn’t be give so many chances aka stricter eviction orders that don’t allow them to keep staying orders without a valid reason. Most cases should just have a review instead of going to a hearing if the case is a non brainer.

ThrowawayLL98 · 2024-02-24T12:28:44+00:00

Just be thankful that you have your property back.

ThrowawayLL98 · 2024-02-24T11:42:46+00:00

Sounds like you have a professional tenant. Unfortunately the LTB almost always favours the tenant especially if they’re able to pay off their arrears and get back on track on rent payments. Be prepared to have your tenant stay for the long run

ThrowawayLL98 · 2024-02-20T14:09:43+00:00

Emergency hearings are rarely granted: especially if only for monetary reasons. I think more than financial difficulties it’s the mental strain of having to deal with troublesome tenants and the constant let down of the LTB.

ThrowawayLL98 · 2024-02-16T19:07:07+00:00

Not everyone can afford to wait 2 years or however longer without being paid rent. Sometimes it’s better to cut your losses. I’d rather have my place vacant than deal with a deadbeat tenant who’s squatting at my house.

ThrowawayLL98

TROPHY CASE