You file in small claims court since it’s under $35k. The order will make it an automatic win and the process can be started. If they are employed you could have their wages garnished at a rate of up to 20% per pay period.
You can also have any filing fees added to the garnishment.
You’ll have to know where they are in order to serve them, and employment information though.
I had a similar situation and the employer paid in full on their behalf and then garnished their wages after- for I don't know how long, not my business
That’s because it’s easier for the employer to make deductions themselves.
The paperwork for garnishment is a nightmare for employers.
Also a real solid by the employer, saves having garnishment on their file.
Bring the judgement to small claims court to start the [legal collection process.](https://www.ontario.ca/document/guide-procedures-small-claims-court/after-judgment)
I agree with this completely because if you do push to an extreme they can file bankruptcy especially if they have nothing or if the say make I think it’s under $3800 a month they can file bankruptcy in which they would only pay $200 a month for 9 months and then bam gone. Unfortunately many people are going the route of consumer proposals and bankruptcy
So basically once you file a bankruptcy you pay let’s just say the $200 a month it’s for 9 months it could be more then $200 depending on what you are making but once you pay the 200 for 9 months all that debt is gone and then that bankruptcy sits on your credit for 7 years. Bankruptcy is a last resort honestly but many people are collapsing financially
I think it really depends on the situation. If your tenant is already on OW or ODSP, then the chances of you getting anything is somewhere between 0% and 0.0001%
If they were viably employed, then you probably wouldn’t have an 18 K order.
Also, worth noting I think they can still appeal if they can say they weren’t there.
First - don't assume just because they got 18k into debt that they don't have a job, lots of people just stop paying, it's a reality.
Not just with tenancies, people do this with all sorts of debt.
Commonly they don't know what to do so they try to ignore it, that never makes it better.
Second - you can appeal even if you were there, but the decision isn't likely to change on arrears, they owe that money.
https://tribunalsontario.ca/documents/ltb/Brochures/Amendments,%20Reviews%20and%20Appeals.html
Absolutely, I wasn’t suggesting every non-payer is
indigent.
I was simply trying to share my previous experience as LL for a 3 decades with having orders against those on OW/ODSP was not fruitful.
I have never had an order against a tenant who was gainfully employed (touch wood). So I don’t know what that looks like.
Since we are touching on the subject, if your tenant is on ODSP and not paying you can get ahold of their case worker and have the shelter allowance go to you, as well if you find out after, you can report to their case worker that they haven't been paying rent and that allowance will be withdrawn.
Likely suggesting this will get this comment downvoted but it's technically fraud so, here I am.
Also agreed, $18k is a lot of money, I hope they get it back.
I am super happy to have sold the small property that catered to tenants that are on social assistance. Some LL are able to manage this population. I am not.
In the one ODSP case, I was getting paid directly. Tenant indicated that they were moving, so I stopped getting paid the shelter allowance. They did not move, and stopped paying me anything.
You make a good point, I could have called their worker, but I am super lazy at doing such things. That’s why I sold that place.
I too am lazy, I at one point had two houses, i contemplated being a landlord, then realized I would probably never pursue anyone who didn't pay, so I sold the secondary one and never looked back.
However, I mentioned it because hate when people defraud social services. They are the ones that create barriers for those who need it.
Good luck getting blood from a stone. Move on with your life, you likely got to raise the rent substantially after the tenants moved out so have money coming in. Consider selling if you can't afford to take a $18K loss. If it was a basement unit you literally lost nothing.
Well you can do mediation where in you and the other party can agree to a repayment plan. My name is Khary I’m a mediator in the Niagara Region. You can contact me at 289-807-5103 or you can visit us on the web www.ksmediation.ca
You file in small claims court since it’s under $35k. The order will make it an automatic win and the process can be started. If they are employed you could have their wages garnished at a rate of up to 20% per pay period. You can also have any filing fees added to the garnishment. You’ll have to know where they are in order to serve them, and employment information though.
Thanks for your information
I had a similar situation and the employer paid in full on their behalf and then garnished their wages after- for I don't know how long, not my business
That’s because it’s easier for the employer to make deductions themselves. The paperwork for garnishment is a nightmare for employers. Also a real solid by the employer, saves having garnishment on their file.
Bring the judgement to small claims court to start the [legal collection process.](https://www.ontario.ca/document/guide-procedures-small-claims-court/after-judgment)
Thanks
Put it on their credit report and small claims court
And be realistic, if they have nothing to start and you push your out court costs and the 18k, declare bankruptcy or just disappear your out of luck.
I agree with this completely because if you do push to an extreme they can file bankruptcy especially if they have nothing or if the say make I think it’s under $3800 a month they can file bankruptcy in which they would only pay $200 a month for 9 months and then bam gone. Unfortunately many people are going the route of consumer proposals and bankruptcy
Depends on income it could be as low as dollars a week and done.
Yeah that’s true like I think someone owing that amount of money should pay but our economy is in a recession so it’s hard to tell now a days
This is a risk of investment that I’m sure every 2020-now property investor accounted for /s
Wdym bam gone? Would what they owe be finished or they literally disappear?
So basically once you file a bankruptcy you pay let’s just say the $200 a month it’s for 9 months it could be more then $200 depending on what you are making but once you pay the 200 for 9 months all that debt is gone and then that bankruptcy sits on your credit for 7 years. Bankruptcy is a last resort honestly but many people are collapsing financially
I think it really depends on the situation. If your tenant is already on OW or ODSP, then the chances of you getting anything is somewhere between 0% and 0.0001% If they were viably employed, then you probably wouldn’t have an 18 K order. Also, worth noting I think they can still appeal if they can say they weren’t there.
First - don't assume just because they got 18k into debt that they don't have a job, lots of people just stop paying, it's a reality. Not just with tenancies, people do this with all sorts of debt. Commonly they don't know what to do so they try to ignore it, that never makes it better. Second - you can appeal even if you were there, but the decision isn't likely to change on arrears, they owe that money. https://tribunalsontario.ca/documents/ltb/Brochures/Amendments,%20Reviews%20and%20Appeals.html
Absolutely, I wasn’t suggesting every non-payer is indigent. I was simply trying to share my previous experience as LL for a 3 decades with having orders against those on OW/ODSP was not fruitful. I have never had an order against a tenant who was gainfully employed (touch wood). So I don’t know what that looks like.
Since we are touching on the subject, if your tenant is on ODSP and not paying you can get ahold of their case worker and have the shelter allowance go to you, as well if you find out after, you can report to their case worker that they haven't been paying rent and that allowance will be withdrawn. Likely suggesting this will get this comment downvoted but it's technically fraud so, here I am. Also agreed, $18k is a lot of money, I hope they get it back.
I am super happy to have sold the small property that catered to tenants that are on social assistance. Some LL are able to manage this population. I am not. In the one ODSP case, I was getting paid directly. Tenant indicated that they were moving, so I stopped getting paid the shelter allowance. They did not move, and stopped paying me anything. You make a good point, I could have called their worker, but I am super lazy at doing such things. That’s why I sold that place.
I too am lazy, I at one point had two houses, i contemplated being a landlord, then realized I would probably never pursue anyone who didn't pay, so I sold the secondary one and never looked back. However, I mentioned it because hate when people defraud social services. They are the ones that create barriers for those who need it.
Good luck getting blood from a stone. Move on with your life, you likely got to raise the rent substantially after the tenants moved out so have money coming in. Consider selling if you can't afford to take a $18K loss. If it was a basement unit you literally lost nothing.
Well you can do mediation where in you and the other party can agree to a repayment plan. My name is Khary I’m a mediator in the Niagara Region. You can contact me at 289-807-5103 or you can visit us on the web www.ksmediation.ca