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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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We just bought an income property and the one tenant we have

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We just bought an income property and the one tenant we have has given us rent both late and not in full payment. We have only acquired the property since august,the first month she paid late and $20 short of her $850 rent. The next month already one week late with the first excuse that she's on social assistance (first time we learned about this) and that
her current employer placed her check into a bank account that was frozen by the government because she's on social assistance. But no worries it was supposed to be all cleared up on Wednesday. The deadline came and went, we never heard from her so my husband knocks on her door on Saturday and gets no answer at a time she should have been home. So finally he calls her, and her next excuse is that she's sick and is staying over her mother's house down the street, she asks that we wait again for her to pay the rent because she can't work right now. Since we inherited this tenant and did not screen her we don't even know if she can afford the rent on her apartment to begin with. We would like to eventually evict her for other reasons (smoking and pets that she does not pick up after) but were willing to wait because she seemed nice and sincere about her problems almost willing to improve things, but now I am wondering if we should not proceed. And what would be our chances of evicting her if we brought her to the board even if she did pay the rent.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

I am sorry to hear this.

She can be evicted for persistent late payment of rent.

So she's paid rent late late twice now and hasn't even paid rent this month. Last months she also never paid in full.

So you can provide her with a notice of eviction and then if she doesn't move out you can bring an application to the Board for an order.

Here is the notice Of eviction for non-payment of rent:

This is the form for persistent late payment:

This is the form for applying for an order for eviction and for an order for paying you rent owing to you:

And this is the one for persistent late payment:

I hope that helps.
Customer: replied 3 years ago.

two questions?1 Do you think the board would be sympathetic to her if she pays but will not move out or would they understand our concerns that we don't know how she is really able to afford her rent and do not want to get stuck evicting her and all of her pets if she somehow cannot afford it but stays as long as she can.

And would it be better to let her be perennially late, aggravating as it may be but amass enough evidence then serve her with eviction and if she doesn't leave would this be enough for the board. And in which case should we serve her just the late form so that we can amass evidence of how many times?

I think it takes a while to get a date before the Board so you should start working on this now and by next month she will likely have been late again even if she pays you now.
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