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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. |
Have a Tenant Who Is Always Late with Rent?