Posted on: Tuesday, November 6th, 2012
This article was originally posted on Advocate Daily’s Website which can be accessed by clicking here.
The priority for landlords in disputes with their tenants is to protect their property, Barrie real estate lawyer Shari Elliott tells Law Times. You can read the Law Times Article by clicking here.
“What landlords have resorted to is (to) provide a cash incentive for the tenant to leave to assist them with securing a new place to live with a different landlord,” Elliott says in Law Times. “The upside to this is you typically avoid the upset tenant and the corresponding damages to your rental unit.”
The article discusses D’Amico v. Hitti, where a 12-month rental arrangement was agreed upon and a lease was signed, but as time passed, the rent wasn’t paid. Read D’Amico v. Hitti by clicking here.
The landlord filed an application with the Landlord and Tenant Board to get the amount outstanding and be rid of the tenants, the article states.
A cheque for the outstanding amount then appeared on the condition that the landlord suspend all action, and when the landlord agreed and accepted the cheque, payment on it was suspended, the article continues.
Elliott says she’s seen many troubling situations like this one.
“The first hurdle is to free up your income property so that you can rent it again,” she says in the article. “The second is to attempt to recover the rent that was not paid. While the legislation provides for recovery like any other cost award, you are left to enforce the order. For a tenant that has not paid their rent, there is not much luck of recovering any money owed.”
The content of this article is intended to provide a general guide to the subject matter. The information does not constitute legal advice and a solicitor and client relationship is not created.