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Ontario|Landlord & TenantResidential: Eviction Procedures 446 How can Landlords collect arrears of rent? Under the law, a tenant who does not pay rent is considered to be in arrears. If the landlord wants to evict the tenant and collect the outstanding rent, they have to apply to the Ontario Rental Housing Tribunal for an order terminating the tenancy and requiring the tenant to pay the money owing. Sometimes, landlords can avoid the time and expense of legal action by having the tenant sign a written agreement stating that the tenant will pay the arrears according to a set payment schedule. However, if the tenant defaults on any of the payments, the landlord will usually have to apply to the Tribunal to evict the tenant and then take steps to collect the arrears from the tenant after they have moved out.
If you are a tenant who is asked to sign an agreement to pay arrears of rent, make sure that the terms of the agreement are reasonable for your situation, so that you will not default on the agreement and give the landlord the right to evict you.
If a landlord obtains an order from the Tribunal stating the amount of arrears the tenant owes, they can generally enforce the order through the Sheriff's office. They will be entitled to garnish the tenant's wages or seize and sell the tenant's property to pay off the debt.
For more information on enforcing an order refer to other sections of Legal Line or contact the Ontario Rental Housing Tribunal information line listed in the Blue pages of the telephone book.
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