Should Evictions for Failing to Pay Rent be Immediate?

[Perspektiv]

The cost of living and housing crisis is no secret.

Ontario landlord side with this.

Those who represent tenants, feel it further punishes tenants only.

What are your thoughts?

[QuebecOverCanada]

I would argue it depends if the person is in a state of vulnerability such as for example the person may have a psychotic break, it would be unfair, but in most cases it would be fair game if the properties of slumlords are to be confiscated and sold if they don't do the maintenance necessary.

[herbie]

I would say it depends on the particular circumstances.

Non-payment over a beef with the landlord. Find a way to pay the rent (or partial) instead to an adjudicator in trust until matter is resolved.
History of late or non payments - bye bye!

I've had experience with both good and absolute c*nts as landlords and bought my current home because in spite of using all my savings as a down payment the mortgage was $100 less at the time on the rent I was paying and had been issued a $100 increase notice. The savings paid off the mortgage early, and by that time the people in the place I rented were paying $550 a month more than my mortgage payment was.

[Perspektiv]

5 hours ago, QuebecOverCanada said:

I would argue it depends if the person is in a state of vulnerability such as for example the person may have a psychotic break

But, didn't they sign the rental agreement?

5 hours ago, QuebecOverCanada said:

it would be unfair

Law isn't about being fair.

You sign a contract, by law you must honor it.

What I see is landlords abusing of these said laws, and tenants doing the same.

There are loopholes for both to take advantage of. This puts more power in the landlord's hands, if the terms on the contract were breached.

3 hours ago, herbie said:

I've had experience with both good and absolute c*nts as landlords

Same.

The bad ones tried to evict me because they bought the property from prior landlords. Only to realize but too late, that I am documentation heavy, and will use your words and evidence, against you, legally.

I never have missed a rent payment, kept the property in pristine condition and tried to be the best possible neighbor. 

So I have seen the landlords manipulating the system. Moving in relatives, to then put properties back for rent at the higher rate they desired.

Fight them? They knew they could opt out of a tribunal appearance with an emergency, forcing you to wait for years potentially for a resolution, while ratcheting up the pressure with bogus charges.

I have also seen the opposite. Tenants from hell.

Feces heavy, urine in apartment, and refusing to leave, squatting and pulling every legal lever, bringing landlord to their knees, spending countless thousands and having to lose tons of tenants who were catching exposure.

I feel sympathy for the honest person stuck in this mess, but feel no sympathy for those who game the system.

[herbie]

59 minutes ago, Perspektiv said:

if the person is in a state of vulnerability

F*ck that. You expect free meals at restaurants, free car rentals, free hotel rooms  cuz you're having some personal issue?

Perspective didn't say that, Quebecovercanada did.

Edited March 26 by herbie

[Perspektiv]

8 hours ago, herbie said:

F*ck that. You expect free meals at restaurants, free car rentals, free hotel rooms  cuz you're having some personal issue?

Exactly. The entitlement to me, is astounding. 

Not only do they want a break on rent, but want it indefinitely while they figure if they can get their s**t together or not. Not even stressed at the limbo they put others in.

Just the expectation of the landlord waiting and seeing if you feel better.

Are you kidding me?

We are looking at becoming landlords soon. First things first.

We would read and endure we understand the rules and follow all protocols. 

You signing the lease, is the assumption you will do the same.

Failure to, and I don't feel any remorse for you. I want the rent, or will unfortunately have to evict you. 

Am not sure if I agree with them being immediate, but they definitely should not take me months, either.

[Yakuda]

19 hours ago, Perspektiv said:

The cost of living and housing crisis is no secret.

Ontario landlord side with this.

Those who represent tenants, feel it further punishes tenants only.

What are your thoughts?

How many payments can you miss before your electricity is shut off? In my opinion that would a fine length of time to use. 

[Perspektiv]

1 hour ago, Yakuda said:

How many payments can you miss before your electricity is shut off?

They have quite a generous window, before cutting you off. Heck, even insurance companies give you plenty of cushion prior to full cut off. 

I feel the pain on the landlord forced to house a squatter for more than a year due to loopholes. 

I have had horrible landlords who deserved it, however. 

I think immediate is too fast. 

I have omitted a car insurance payment forgetting my credit card had expired and I had never called my insurance to fix it.

Sometime it isn't malice. There should be a grace period.

Whether is 10 days, or 30. 

This system is broken.

Being allowed to break the law for years, with loopholes and short staff make it a joke.

[impartialobserver]

Immediate? No. At least where I live, it is 30 days. This issue insulates the tenant from the crooked landlord. Not all landlords are upstanding, moral individuals. Most are but not all. As for the tenants, 30 days is long enough for them to acquire additional housing. 

[Perspektiv]

On 3/26/2024 at 12:36 PM, impartialobserver said:

This issue insulates the tenant from the crooked landlord.

I would agree. But there should be protections in place for both, and loopholes shouldn't be there to easily be taken advantage of.

IE a bully landlord wanting to renovict you or move in their relatives to squeeze you out.

You apply to the rental board to get your case heard, the landlord uses the law to avoid showing up under a loophole forcing you to wait 1 year or more due to backlogged cases, while amplifying the pressure on you to move.

I have experienced and/or seen cases for both sides.

 

[User]

No. Renting or leasing a home is not the same as buying a meal or other service. Your entire livelihood is tied to living somewhere. There should be a fair amount of time for the two parties to resolve their differences. 

I rented for a bit, and my landlord upped my rent, and my autopay was still set to the old amount. They immediately proceeded with an eviction notice the next day when I was short 25 dollars. 

Should I have been evicted immediately for failure to pay? No. 

I understand why they started the eviction process as quickly as they did. Even after the initial notice, they have to give you time, and they want to start that clock as soon as possible. 

 

 

[Perspektiv]

On 4/16/2024 at 4:00 PM, User said:

Should I have been evicted immediately for failure to pay? No. 

Maybe not immediately, but there should be a legal window where the rent should be paid in full. 

I don't think a landlord should be forced to wait longer than a couple weeks before they can boot you for failure to paying your rent.

I don't personally feel there is a justified reason.

Accidents happen, but it doesn't nor should matter much to the landlord who has had you sign a document promising to hold their end of the bargain. Yours is literally paying on time, and not breaking any laws.

To me its like cheating, and saying you were drunk and the other party made advances. You still cheated.

What I think should be harder, are predatory practices by landlords. I don't think evictions that are lawful should apply.