Eviction For Persistent Late Payment

When the Board issues an order for eviction based on arrears of rent, the order can be voided through payment, usually within an 11 day time frame.  What about those tenants who keep taking you to the brink again and again, costing you time, aggravation and representation fees?

The Residential Tenancies Act contains provisions to handle this type of tenant, through an application for eviction based on persistent late payment of rent.  Call us if you have a tenant who is continually late, and we will file an application that if granted, is non-voidable through payment. 

If the Board grants the order for eviction based on persistent late payment of rent, the Sheriff can enforce the order unconditionally.  Often, Board Members are reluctant to evict unconditionally on a first application for persistent late.  Most often, you will get an order requiring the tenant to pay his or her rent on time each month, on or before the first day of the rental period for a 12 month period.  If the tenant misses a payment, the landlord can file for eviction without notice to the tenant and without a hearing.

It’s important for the Landlord to have proof that they have tried to change the tenant’s behaviour, by giving him or her plenty of notices and warnings of the potential consequences.  That means that serving regular N4’s to the tenant, every time they are late, is crucial if you want to be able to rely on a persistent late application at a later date.  Keeping track of the dates payments were made becomes crucial if you are to win your case at the Board. 

Tenants are entitled to a minimum of 60 days notice effective the end of the rental period or if there is lease term remaining, the last day of the lease term when the notice is served for persistent late payment of rent.