Have You Offered a Payment Plan to your Tenant?

Every landlord should attempt to negotiate terms of payment for rent arrears with their tenant. If possible, the offer of terms of payment should be made in writing. The offer should be disclosed and filed with the board as evidence in advance of the hearing.

On every non-payment of rent application seeking an eviction during COVID-19, the board must consider to delay or deny an eviction based on section 83(6) of the Residential Tenancies Act, which states in part:

“…. in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenant’s arrears.”

Every landlord should attempt to negotiate terms of payment for rent arrears with their tenant. If possible, the offer of terms of payment should be made in writing. The offer should be disclosed and filed with the board as evidence in advance of the hearing.

The board is required to consider delaying or denying an eviction if the landlord fails to attempt to negotiate with the tenant.   

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Paralegal Representation

Every day our office receives calls from landlords across Ontario wanting to hire me for LTB matters.

If you need to hire an experienced, licensed paralegal, contact me:

Marshall Yarmus
Civil Litigations

(416) 229-1479 or (343) 600-7722

https://civilparalegal.com/home_services/landlord-and-tenant-board/

Non-Payment of Rent During Covid-19

It is important that your application gets into the LTB queue as soon as possible as the queue for LTB hearings was already very backlogged before this Covid-19 situation began. Ideally, LTB applications should be processed in a month, but it was already taking 2 – 3 months to get a hearing date. Now, it will be much longer.

Due to the extraordinary COVID-19 situation, many tenants are having trouble with their finances.

If a tenant has not paid their rent, the first action the landlord should take is to contact the tenant to ask why the rent was not paid.

Has the tenant’s income severally dropped? Did the tenant lose their job?

You should inquire if the tenant will be automatically receiving or applying for government benefits.

Be careful not to harass your tenant. You should document or note any conversations you have had with the tenant about how they will pay rent during this time.

If the tenant is making the effort to pay all or part of their rent, and is availing themselves of government initiatives, a landlord should try to work with the tenant.

If your tenant is deliberately refusing to pay rent, refusing to work with you, or refusing to provide you information on their financial circumstances and the government benefits they have applied for, you should immediately apply to the Landlord and Tenant Board (LTB) for an eviction hearing.

A new section of the Residential Tenancies Act, section 83(6), now requires the Board on all non-payment of rent applications during COVID-19 to consider whether to delay or deny an eviction based on whether the landlord offered the tenant a payment plan.

The offer of a payment plan should not to be confused with a rent reduction. A rent reduction done improperly, can have severe consequences for the landlord.

It is important that your application gets into the LTB queue as soon as possible as the queue for LTB hearings was already very backlogged before Covid-19 began.

***************************

Paralegal Representation

Every day our office receives calls from landlords wanting to hire me for LTB matters.

If you need to hire an experienced, licensed paralegal, contact me:

Marshall Yarmus
Civil Litigations
(416) 229-1479 or (343) 600-7722

https://civilparalegal.com/home_services/landlord-and-tenant-board/