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Forum / Canadian Landlord-Tenant Laws & Issues / How to collect a judgement from a tenant on Ontario Works/ODSP
I have a judgement for $2,200 against a tenant which has moved out recently for non-payment of rent. Is my only course of action is to take her to small claims court for the money? She basically did the midnight move on Jan 2/16. I am entitled to January's rent? I'm glad she moved so I saved the sheriff's fee, but I'm out over $3,000.00. She called today and told me that I can't get blood out of a stone. She was a great tenant for years, but she lost her job and went on assistance and that's when she started missing rent payments. As a landlord you do your diligence screening tenants before you rent to them, then you pick the one you think is the best fit, and they pay rent on time for a few years until something changes in their life and can't pay rent anymore. What to do??
Pete C, Canada on Saturday, January 2, 2016
RE: How to collect a judgement from a tenant on Ontario Works/ODSP
I think it would be good to ask a lawyer or debt collector to help with this process so that it is done right. You don't want to push too hard to get money especially if there is no money there, having a legal professional might cost a portion of your winnings but it will also ensure that you are following each step in the best way possible. This is a risky business but when there is a rough tenant it teaches us a lesson each time in finding the best fit for our rentals. Good luck.
Posted by Amaya J, PA on Thursday, March 3, 2016
RE: How to collect a judgement from a tenant on Ontario Works/ODSP
If you have an actual judgement from a court already then you have to wait a given amount of time like 30 days to receive court ordered payment, If they don't pay up, then you can follow up with the court to have the judgment put on her credit report, this will make it impossible for to rent most places that do credit checks. You can offer her to make payments to satisfy the judgement too. A actual unpaid judgement on a rental will be a big deal. I'm just curious how you got a judgment without being able to serve her the court papers?
Posted by Darlene D, AZ on Sunday, June 3, 2018
RE: How to collect a judgement from a tenant on Ontario Works/ODSP
20
Posted by jahfwkwi j, on Wednesday, April 3, 2019
RE: How to collect a judgement from a tenant on Ontario Works/ODSP
20
Posted by jahfwkwi j, on Wednesday, April 3, 2019
RE: How to collect a judgement from a tenant on Ontario Works/ODSP
First things first is the laws where the property is located will govern the process. So I can only speak for my experience in AZ (US). I had the same experience only the rent was paid thru her vacating the premises but before her lease expired without any notice. By law here, you have to do an abandonment notice posting on the building and mail by certified mail giving 10 days to respond before you can enter and take possession, even if you can see it is vacant of their property. I then went to work cleaning etc and marketing for rent which takes time to. This right at the Holidays so didn't get it rented until her lease was up anyway. I found out where she moved to and serviced her with small claims action. I won my judgement (not required to accept payments and wouldn't if they stiff on rent they will on again) and waited the period required then sent her a letter demanding the 2,200.00 judgement or I would attach her wages. In your case I would report the judgment on her credit report and update it as needed to keep it in force. Until she pays it she will have trouble getting any credit for a car, home etc. I would imagine she will get back on her feet sooner or later and you will be able to collect then. You could sell it for a discount to a credit collections company too and get what you can out of it and move on.
Posted by Darlene D, AZ on Wednesday, April 3, 2019
RE: How to collect a judgement from a tenant on Ontario Works/ODSP
First things first is the laws where the property is located will govern the process. So I can only speak for my experience in AZ (US). I had the same experience only the rent was paid thru her vacating the premises but before her lease expired without any notice. By law here, you have to do an abandonment notice posting on the building and mail by certified mail giving 10 days to respond before you can enter and take possession, even if you can see it is vacant of their property. I then went to work cleaning etc and marketing for rent which takes time to. This right at the Holidays so didn't get it rented until her lease was up anyway. I found out where she moved to and serviced her with small claims action. I won my judgement (not required to accept payments and wouldn't if they stiff on rent they will on again) and waited the period required then sent her a letter demanding the 2,200.00 judgement or I would attach her wages. In your case I would report the judgment on her credit report and update it as needed to keep it in force. Until she pays it she will have trouble getting any credit for a car, home etc. I would imagine she will get back on her feet sooner or later and you will be able to collect then. You could sell it for a discount to a credit collections company too and get what you can out of it and move on.
Posted by Darlene D, AZ on Wednesday, April 3, 2019
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