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What Can Be Done When a Tenant Regularly Pays the Rent Late?

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

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, Affordable Immigration and Paralegal Support 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 Affordable Immigration and Paralegal Support maximizes your chances for a successful outcome.

Affordable Immigration and Paralegal Support provides Landlord Tenant Board services for clients located in Hamilton, Etobicoke, St. Catharines, Barrie, Mississauga, among other places!

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Affordable Immigration and Paralegal Support

799 Cannon Street East
Hamilton, Ontario, L8L 2H3
P: (289) 389-0922

2 St. Clair Avenue West, Suite 601
Toronto, Ontario, M4V 1L5
P: (647) 896-2573

Hours of Business

Hamilton Office
Monday: 9:30AM – 4:30PM
Tuesday: 9:30AM – 4:30PM
Wednesday: 9:30AM – 4:30PM
Thursday: 9:30AM – 4:30PM
Friday: 9:30AM – 4:30PM
Drop Ins Welcome

Evening and weekend hours available for booked appointments.

Toronto Office
Monday: 11:00AM – 7:00PM
Tuesday: 11:00AM – 7:00PM
Wednesday: 11:00AM – 7:00PM
Thursday: 11:00AM – 7:00PM
Friday: 11:00AM – 7:00PM

Service Areas

Hamilton
Brampton
Etobicoke
Niagara Falls
Milton
Toronto
Oakville
Burlington
Guelph
St. Catharines
Orangeville
Mississauga
Grimsby
Barrie
Surrounding areas

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