Tuesday, April 6, 2010

Is An Ontario Tenants Rent Ever Late??

The Residential Tenancies Act makes it illegal to charge a tenant a late payment fee. If you are forbidden from charging a late fee is the unpaid rent even considered late??




Rent is due on the first of the month. If it’s not paid on the first, on the second I serve the tenant an N4 to collect the rent owing. This notice gives them until the 16th to pay or move out. If they don’t do anything, on the 17th the landlord can file an L1 application to have the tenant evicted and terminate the tenancy and collect the money owing. This costs $170.00.

Filling out and serving the N4 has costs involved that are not recoverable. The time spent filling out the documents, printing them, serving them etc. If we were allowed to charge a late fee these costs would be covered by the late fee.

Tenants know there are no penalties for paying their rent late. Landlords can’t charge a late fee when the rent is late and we can’t charge interest on outstanding balances.

While the rent owing and the application fees are recoverable, in most cases they aren’t collectable. Time preparing documents and going to hearings are not compensated.

When all is said and done deadbeat tenants owe landlords a lot of money. Trying to collect what is owed is another story. Then there’s those bleeding heart types that think the tenants are always right. The ones that think if the tenant can’t afford the rent the landlord should let them live rent free. We are not a charitable organization whose mission is to house people rent free and pay their heat and hydro so they can spend their money on the really important stuff – beer and restaurants.

2 comments:

Momgination said...

AMEN. DEADBEAT TENANTS ARE THE WORST. I DO NOT FEEL BAD FOR THE MAJORITY OF THEM AND WE SHOUD BE ABLE TO CHARGE A LATE FEE AND INTEREST!

Unknown said...

I agree with the fact that people that try to cheat the system should pay penalties but if everybody was able to charge late payment fee's then as soon as the 2nd of the month came landlords would be charging tenants these fee's every month which is wrong. I am glad these rules apply but there should be a contingency for those that bleed the system.