- FREQUENTLY ASKED QUESTIONS -

Landlord & Tenant and Small Claims Court

1. Do you help evict Tenants who haven't paid the rent?
Yes. Under the Tenant Protection Act, the failure to pay rent in a timely fashion, or altogether may end up in termination of the tenancy. Most often, tenants pay their rent late and this then voids the Application. The tenant then has to pay your costs of filing plus the rent. Most often we are able to get a consent order.
Consent order- is an agreement verified on record before a Judge or Adjudicator in these cases both landlord and tenant agree to terms. For example, Tenant agrees to pay rent on the 1st day of every month. Now if the order is not followed then the Landlord can apply for termination "ex parte" (without notice) to the tenant and get an automatic termination of tenancy.

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2. I just want the Tenant gone - I don't care about the rent!?
OK. But the Law prohibits the eviction of tenants just because you don't like them any longer, thus there are ways to resolve matters. If not, there are the reasons you may bring forward as to why you came to dislike your tenants this much. They pay rent late? Harass you or use foul language towards you or others on the property? Damaged property? They have somehow substantially interfered with the reasonable enjoyment of others of the property? These are all grounds to terminate, or to use as negotiating tools to attain a mutual termination of the tenancy.

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3. Do you deal with both Landlord and Tenant Applications?
Yes. The laws relating to tenancy are clear and concise and we are easily able to deal with both spectrums due to our experience and knowledge of the law.

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4. What about if the Landlord is harassing us/or has failed to maintain the property?
Yes, we deal with this as well. Like the tenants obligations to pay rent and maintain the rental unit. The Landlord has obligations to maintain, repair and replace with regard what is needed to keep the property in a state of good repair and maintenance. If the landlord fails and or neglects to do this, there could be an abatement awarded by the Tribunal, or an order to repair, same with interference with the reasonable enjoyment of the unit or harassment.

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5. How long does it take?
Generally, a month or so before we can get to court after the last notices have been served. Sometimes, it may take slightly longer depending on the issues and if one of the parties decides to put in their own application, in this case the Tribunal prefers to hear both cases on one day, rather than splitting it up.

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6. Do I need to come to court?
Generally Yes. Depending on the issues, you may be required to give evidence on your own behalf. Or you may want to have witnesses attend to come to court. It is always a good idea to attend all court hearings for the reason that if the matter should be settled, you are present to give us your instructions.

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7. Settlement?
Sometimes, the matters between Landlords and Tenants are settled through mediation. We have had tremendous success in this aspect. Settlement can mean anything from a termination of the tenancy, to a payment of money or terms and or conditions both parties have to follow. Mediation is an excellent idea and we are pros at it.

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8. I'm thinking of suing in small claims court, should I?
This decision is yours. We can only give you the facts. It is imperative that the public understand that a "judgment" and the end does not guarantee the money in your hands right away. You may have to enforce the judgement by garnishment, seizure of property and other methods. The small claims court of Ontario allows you to sue for a maximum of $10.000.00, not including costs and interest and legal fees. It is worth it when the party you are suing has residence or business in Ontario or you have documentation, contract or other materials to prove your case, or you have witnesses in place to substantiate the claim. Suing can consume a lot of your time, and can be very confusing with paperwork. Mistakes are often made or important facts are left out of the claim, making your claim fatal. We draft, file and serve your claim professionally for you, we represent you in court at the Pre-Trial and Trial. Don't go to court on your own, have us by your side.

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