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Ontario Landlords Association Member Goes To Small Claims Court Against Ex-Tenant

September 1st, 2013 · 1 Comment · Small Claims Court

 Ontario Landlords Association Member Takes ex-Tenant to Small Claims Court

When Your Tenant Moves Out You Can’t Go To The Landlord and Tenant Board, You Have to Go to Small Claims Court

There’s an excellent story on the Ontario Landlords Association homepage from a landlord who took his tenants to Small Claims Court.

In Ontario, when a tenant moves out the landlord has to use the Small Claims Court system to get compensated for any damages or rent owed.

Tenants get a different set of rules. According the Residential Tenancies Act tenants can apply against their landlord at the Landlord and Tenant Board up to a year after they move out.

You see, in Ontario tenants have special rules while landlords are left out in the cold.

The Ontario Landlords Association member who wrote the story explained the ex-tenants owed him one month of rent and thousands of dollars for repair and cleaning bills.

He explained how he served his ex-tenants by showing up at his workplace and handing over the documents to start the lawsuit. He used personal service because it is difficult for the ex-tenant to say “I never received anything.”

Next up was the Settlement Conference.

A Settlement Conference is a meeting where the landlord and his ex-tenant tenant, who is now the defendant, can discuss the lawsuit in front of a judge.

It’s a very informal setting where you can speak pretty freely. The OLA member said it’s a little like ‘mediation’ at the Landlord and Tenant Board except it feels far more fair and not like the “landlord is the villain” (which describes the LTB).

At the Settlement Conference the landlord got a chance to tell his ex-tenant how upset he was with the mess left and the lost rent.

After some back and forth negotiations the landlord and his ex-tenant came to an agreement.

By making this agreement they could both avoid the time and money needed if they had a trial.

The ex-tenant agree to most of the landlords’ demands and will start paying the landlord $300 per month to cover the landlords’ losses.

This is why the OLA is such an amazing resource for Ontario landlords.

It doesn’t matter if you are renting out your basement in Barrie or own a rental building in Ottawa. You can learn from others experiences. You can also help others by sharing your experiences.

Here’s how you can become an OLA member.

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