Eviction based on Late Rent Payment - Possible?

[ForumUser]

My landlord is trying to evict us on the fact he says we have been late by as long as 8 days after due date.

Is there a time line and amount of days you could be late on your rent?

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be very concerned about this situation.

According to the CANADA MORTGAGE AND HOUSING CORPORATION,

When a tenant faces money problems, an understanding landlord might help from time to time, but tenants can face serious legal implications for failing to pay rent. The landlord might seek payment by taking the tenant to court. Constant lateness or non-payment might force a landlord to seek compensation for that loss through the courts, and he or she may proceed with eviction. Further, chronic problems could ruin references and harm your credit rating.

and

When is the Rent Due?

Rent is due on the actual day stipulated in the rental agreement. In most places in Canada, rent is considered late on the day after it is due. For example, if your rental agreement states that rent is due on the first day of the month, the rent would be considered late from the second day of the month onward until it is paid. If the rental agreement stipulated that rent was due on the fifteenth of the month, then the rent would be considered late from the sixteenth day of the month onward. In many jurisdictions, landlords commonly impose a reasonable penalty for late rent. (For specifics, see the Provincial and Territorial Fact Sheets).

In some provinces, the law requires that landlords give a grace period of up to 3 days to allow the tenant to pay. In other provinces, however, landlords are within their rights to notify the tenant as soon as rent is late that they wish to terminate their rental agreement because of rent arrears. Once a tenant pays the rent, a notice to terminate their rental agreement would no longer be valid.It is in the tenant’s best interest to pay the rent on time because frequent late payment could be grounds for non-renewal of a rental agreement.

Specifically, regarding grace periods and late payments, according to the Canada Mortgage and Housing Corporation - Ontario Fact Sheet,

Late Rent Payments

The day after rent is due, if it is unpaid; the landlord can give a “Notice to terminate for nonpayment of rent.” The tenant then has 14 days if they are monthly or yearly renters, and 7 days if they are daily or weekly renters, to pay. If this grace period passes and no rent has been paid, the landlord can file an application with the Landlord and Tenant Board for rent arrears.

It may be best for you to contact the nearest Community Legal Clinic for some information regarding what your rights are in this type of situation.

If you are having difficulty paying your rent, you may also want to contact the nearest rent bank to see if they can provide some assistance.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org