My Tenant Is Persistently Late With The Rent.  What Can Be Done?

A Landlord May Seek an Order to Evict at the End of the Tenancy Term

Notice to Evict A persistently late paying tenant can cause a landlord various troubles including financial difficulties, especially for a smaller landlord that relies on rent being on time to enable the landlord to pay the landlord's own bills.  When a tenant pays late, the tenant may make it difficult for the landlord to pay the mortgage, taxes, utilities, among other things, resulting in harm or hardship for the landlord.

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, To Your Defence 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 To Your Defence maximizes your chances for a successful outcome.

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