Landlords have been easy to pick on with everything that has transpired in the past year. The reality is that they provide housing to tenants, and without landlords, there is no rental housing. In the midst of COVID-19 there is tremendous coverage on tenants and little on how landlords are trying to pay their mortgages while helping out tenants who might be laid off or struggling. There is no easy answer, but if landlords can’t collect rent, they can’t maintain buildings and provide great places to live. We thought our newest Lawyer at Millar Law, Shawn Stewart, would share his experiences helping landlords ensure that they can collect rent in the midst of a pandemic and afterward.
If, as a landlord, you are having a hard time collecting on successful Landlord and Tenant Board Orders there are ways to offset the risk in the future. Below are two avenues of collection against tenants that could help you make sure you are paid what you are owed.
Garnishment:
Successful garnishment of a tenant begins before you ever sign the Lease. Getting a tenant’s banking information from postdated cheques is a thing of the past, as many tenants pay by etransfer. Contact Millars Law for the industry-leading prescreening tenant application, which includes the information that needs to be gathered by a landlord before a lease is signed to make sure, should there be a default of the lease by the tenant, that a landlord can successfully collect against the tenant.
Guarantor:
A guarantor’s agreement is rarely used in residential tenancies but offers another avenue of collection against a tenant for arrears and damages. Properly executing a guarantor’s agreement allows a landlord, in addition to pursuing collection against the tenant, to sue the guarantor in small claims court/superior court once the landlord has successfully attained a Landlord and tenant Board Order against the Tenant. Contact Millars Law for a specialized guarantor form to suit your specific tenancy arrangements.
There are ways to protect your interests, you just need a lawyer who will fight for you and make sure your capital is not destroyed by a system that does not respect the hard work you have put in to owning rental properties.
Shawn Stewart has represented multiple landlords and developers, helping them recover lost rent and ensure better cashflow going forward. It is time to let go of old models and dinosaurs and embrace the new reality facing those who collect rent in a rapidly changing world.
Contact Millars Law when you can’t afford to lose.
