Unfortunately this isn’t really an eviction issue as much as a family issue, so I don’t think I’ll be able to help.If you are a joint owner you may have more rights in this situation to go down the eviction pathway, but it would require the agreement of your mother and may ultimately result into other legal issues.

Sorry,

Bill

I would try both if you are serious about getting the money and have the time. There are a few other comments on the site about getting checks certified and explain some of the tactics you can use.

The process for garnishing isn’t that hard, although like anything court related there are specific steps.The issue is that it’s only valid for the job they have right now, if they change jobs you have to go through the process again, more time and more energy involved.

If it looks like they are not going to pay, you could go after them right away. The longer you wait, the more time they have to switch jobs or potentially disappear.

Bill

1. Should I keep trying to certify their cheques or try to get their wages garnisheed? Or can I do both at the same time?

2. How complicated is the process for getting their wages garnisheed?

3. How much time after RTDRs judgment I have to get their wages garnisheed?

Thank you.

Collecting after the fact can be quite an ordeal. If you used the RTDRs and received a judgment for the money owed you, this judgment shows up on their credit history and may provide an opportunity to collect from them later when they go to try and get credit. Your other option, if you know where they work, is to go to the courthouse and take your current judgment with you to get their wages garnisheed.

If you don’t know where they work, or if their jobs are disposable, you may only collect a couple hundred dollars or less before they quit and move onto a new job. My personal guideline is that if it’s less than around $2,500 it’s not worth my time to try and collect. On the other hand, if I let them run up outstanding debts to me, it’s my fault and I consider it a learning lesson that I won’t repeat!

Regards,

Bill

This seems to come up quite often. There is often confusion between what the police can do and where the RTA versus the Innkeeper’s differ. Under the RTA, you go through the courts to remove tenants, under the Innkeepers Act, the police can escort the tenants off the property and then the tenants can come through small claims court to resolve any issues. In your case and from what you have told me, it sounds like you have a room you rent out and share the rest of the house, this means the RTA doesn’t apply.

Under the Innkeeper’s Act you are similar to a hotel. If a guest in a hotel becomes unruly, they call the police and he is escorted out of the building. It works the same way in your situation. I wouldn’t recommend calling 911 unless it is a real emergency though, I would just use the main police number and call it, it might take an extra couple of hours, but the process will be started. Again, if he is aggressive and you have concerns about safety or damage, then it’s up to you whether you call 911.

Regards,

Bill

I phoned the Police this morning, just to get some information on what I can do tonight. The operator said, the Police can’t get involved in domestic disputes unless it turned violent.

They said I’d have to apply for a court order to evict, I did tell the operator it was a room I rented in my shared basement. Maybe the Police operator was confused that shared living space doesn’t fall under RTA.

So, just to confirm if the guy is still in my house tonight, I can call 911 and have him removed? To be honest I’d like to follow up with a restraining order, so he never comes back and for the safety of my twin 8 year olds.

Thank You..

If you rented out the bedroom and have shared common areas, you fit under the Innkeeper’s Act and the not the Residential Tenancy Act. You could have skipped the notice to vacate letter and told him to leave, especially after catching him smoking.

If he is not gone by the time you get home, tell him he has 30 minutes or you will call the police to escort him off the property. If he is belligerent, call them right away. Innkeeper’s Act is entirely different than Residential Tenancy and as long as you inform the police that you fall under the Innkeeper’s Act you can make this a very short lived issue.

Regards,

Bill