This Ontario man’s tenants have not paid rent for more than 16 months, leaving him on the hook for $28,000 plus legal fees — now an eviction order is frozen. Is the system failing landlords?

On the hook for $28K

Portman began renting to the current tenants in 2021. Shortly after moving in, the tenants stopped paying rent.

The situation has left Portman out of pocket for $28,000, plus legal fees.

According to documents from the Landlord and Tenant Board (LTB), on October 17, the tenants were ordered to pay the amount owing and continue to live there or pay the outstanding amount and move out by the end of the month.

If they didn’t pay at all, they had to move out by the end of October and the Ontario Provincial Police would enforce the eviction on November 7.

But the tenants filed for a pause on the eviction, and it was approved.

Portman now says, “I'm trapped in this house. I have no control over my life and ... the reason that [the tenants] are allowed to do these things is the Landlord [and] Tenant Board."

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Landlords' rights

The Residential Tenancies Act stipulates that a stall on eviction can only be filed once during a tenancy. But as a landlord, there are some safeguards to consider to avoid being in a situation like this one.

The LTB has received around $6.5 million from the provincial government to make improvements.

An email from the LTB to CBC News states that, despite a large number of applications filed, every month this year it has "reduced its active case count" and "significantly reduced application processing timelines across all application types."

What can landlords do to avoid a circumstance where they could be on the hook for late rent payments?

Make sure you have a written lease with your renters, using the standard Residential Tenancy Agreement. This should cover the rental period, the rental rate and other important details.

If your tenants aren’t paying, you can consider a couple of options.

You can apply to the LTB to collect unpaid rent from tenants, even after they leave the property.

Garnishment is another option used by landlords to claim money owed to the tenant, whereby you recoup funds from someone else, such as an employer or financial institution. To be able to garnish, the landlord will have to get the order from the LTB.

You can also approach the Rental Housing Enforcement Unit to take action against offences, or help you to understand issues related to landlord and tenant disputes.

In Portman’s case, he wants everything over and dealt with so that he can sell the property.

"I want to move to an area where there are few people out in the county and I never want to have anything to do with this ever again, because the law that I had faith in to look out for me has utterly failed me," he said.

Sources

1. CBC News: Windsor landlord says tenants who haven't paid 16 months of rent have now paused eviction order (Nov 18. 2024)

2. Landlord's Self Help Centre: Residential Tenancies Act (2006)

3. Tribunals Ontario: Collecting Money a Former Tenant Owes

4. Landlord's Self Help Centre: Garnishment

5. Ontario.ca: More help for landlords and tenants