Today, during a tenant conversation in closed doors, in an attempt to resolve an application, the tenant decides to yell at me over Zoom.
Biggest mistake the tenant ever made. The Tenant sleeps well tonight, but I am confident their days in this rental unit are over.
The hearing went well, and I am sure there won’t be a payment plan permitted.
Did you know that you don’t always require a payment plan to evict a tenant? In many cases, a Landlord and Tenant Board member will not award a payment plan or consider it if the tenancy is non-viable. In other words, if the tenant doesn’t make enough money to support the rental, the Board Member can’t make a payment plan.
Your legal representative needs to argue and explore the lack of financial resources to support the rental itself. You or your legal rep should not be afraid to ask the pressing questions no matter how intolerable:
Don’t be afraid to ask about money spent on alcohol.
Don’t be afraid to ask about the last vacation.
Don’t be afraid to ask how much money is in the bank account.
Don’t be afraid to ask the tenant what they spend money on.
It could be food, groceries, car insurance, tobacco, entertainment, baby supplies, pets, medication, toys, gasoline, bars and restaurants, large purchases, etc.
Proving a pattern of irresponsible debt, lack of financial resources to support the rental, or in ability to make a payment towards arrears can be key to eviction.
Tellingly, in one of my matters today, the Tenant admitted to a lack of resources to pay, therefore, game over. The question doesn’t come down to whether there is an eviction but rather a question of how much time is required before the termination date. (section 83)
Proving lack of financial resources with a well-implemented strategy before appearing at the Board can be the difference between a Payment Plan awarded or an eviction granted.
Now, the Board isn’t perfect, and many would argue it is Tenant sided but litigation at these hearings are my most favourite thing in the world and being able to cite law, advance specific legislations and box a tenant in via Cross Examination can’t get any better.
In summary, my advice is to read the Residential Tenancies Act, 2006 (RTA) and guidelines before doing your own hearing and don’t be afraid to be a bit combative. Our legal system is an adversarial system and you need to be able to put forth the most strategic arguments for your case no matter how distasteful they may appear.
Jordan Nieuwhof is a paralegal representing landlords in Ontario. This op-ed is not representative of the official Solo Landlords Inc. position and is the sole opinion of the author.
