Arrears or Late Payment of Rent
The failure for a Tenant to pay rent is a ground for a Landlord to file an application at the Board to terminate the tenancy and have the Tenant evicted. For this reason it is important that certain information is clearly outlined in your lease agreement to avoid any confusion: the day rent is due, where payment is to be delivered to, and the method of payment accepted.
Such information is important as a means to ensure payment is not late or misdirected to the wrong department or individual. Moreover, when such terms are established, it cannot be changed unless both parties mutually agree to do so. Regardless of the method of payment, a receipt of rent payment shall always be made available by the Landlord at the request of the Tenant as a receipt of payment.
The second common misconception held by most is the idea that a Tenant can withhold rent if they feel they have a reason for doing so, i.e., there is an outstanding maintenance repair. A tenant does not have the right to withhold rent for any reason whatsoever.
The Landlord in such cases may issue a Notice to the Tenant to either pay the outstanding rent or to move; failing to comply would allow the Landlord to file an application with the Board. A hearing would then be scheduled; the parties and their representatives, if any, must attend to resolve the dispute(s), again by way of mediation or adjudication.
If you believe your rights are being infringed, that there is a breach of your Lease Agreement, or that there is a violation of any provision of the Act by your Tenant or by your Landlord, call us to find out how we can help preserve your rights!