What Can I Do About a Tenant That Is Frequently Late With The Rent?

A Landlord May Start Legal Proceedings at the Landlord Tenant Board Seeking an Order to Evict.

Notice to Evict A tenant that is frequently late paying the rent might cause financial difficulties for a landlord, especially a 'ma and pa' landlord who are without deep pockets.  When a tenant is frequently late with the rent, or "persistently" late being the actual term used in law, as a consequence the landlord may endure difficulty paying the mortgage, taxes, utilities, among other things, on time.  This might result in financial harm, including monetary penalties, or other hardship.  This hardship could be severe such as derogatory credit reports, increased interest rates the next time the landlord renews a mortgage, or even difficulty buying additional properties.

It is notable that the first time a landlord seeks to evict for persistently late rent, the Landlord Tenant Board usually provides a last chance warning to the tenant. This is not to say that an Order to Evict is impossible the first time around, just unlikely; however, by proceeding the first time around, even if unsuccessful in obtaining an Order to Evict on the first attempt, the landlord does establish a record of payment delinquency with the Landlord Tenant Board.  Instead, the Landlord Tenant Board is more likely to issue a pay on time Order; meaning that in the future, if the tenant is a day late or a dollar short, the landlord may then apply for an Order to Evict without serving any further notices.

If a tenant persistently fails to pay the rent on time, CMS Legal Services may be available to help the landlord apply to the Landlord Tenant Board to evict the tenant at the end of the term of the tenancy. It is notable that what is viewed as "persistently" late rent is undefined; and accordingly, whether a tenant is "persistently" late with the rent depends on a variety of factors such as how many times the rent was late, how late was the rent eventually paid.  Without a precise definition of "persistently" late rent, professional advocacy from CMS Legal Services maximizes your chances for a successful outcome.

CMS Legal Services provides services for clients located in London, Elgin, St. Thomas, Kent, Lambton, among other places!

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