Are you a landlord needing to collect unpaid rent or compensation from a former tenant? Has your tenant vacated the unit on or after September 1, 2021? Thankfully, recent amendments made to the Residential Tenancies Act, 2006, now simplify the process for a landlord to collect unpaid rent from a former tenant up to one year after the date that the tenant vacated the unit if the tenant had moved out of the unit on or after September 1, 2021. Prior to the amendment, it was only possible for a landlord to claim rent or compensation if the tenant was still in the unit when the application was filed, making the process more difficult for landlords.
The recent changes come at a time beneficial to landlords during the pandemic. While the pandemic has made affording rent a challenge to many tenants, it has also become difficult for landlords. Many tenants have not paid rent for months or have abandoned units at the expense of the landlord, and landlord debt continues to increase. It is now possible for a landlord to apply directly to the Board to collect rent or compensation that they believe a former tenant owes them, collect an amount for charges related to NSF cheques, unpaid utility bills, costs accumulated from damage to the rental unit, or costs incurred due to a former tenant or other visitors substantially interfering with the landlord’s reasonable enjoyment.
If your tenant vacated the unit on or after September 1, 2021, it is no longer necessary to file a claim through the Small Claims Court to obtain the money owed. The new form to file for this matter is the L10: Application to Collect Money a Former Tenant Owes. It is important to note that the requirements to serve an L10 on a former tenant differ from other applications since the tenant has vacated the unit. The required certificate of service to be filed is different as well. The L10 application also requires that you know the former tenant’s current address; if not known at the time of the application, you must serve a copy of the Notice of Hearing to the former tenant at least thirty days prior to the hearing. Requesting the assistance of a legal professional in this matter will ensure that the application is filed correctly and in a timely manner.
If you believe that your former tenant owes you money, please contact Matthew Foghi @ Buzaker Law Firm Professional Corporation.