Eviction Day: How to Out a Crappy Tenant
I’ve been having ongoing payment issues with one of my tenants for a number of months now. Normally I will work with the tenant and arrange a payment program to get caught up, but this tenant is different. The last time I actually spoke to her in person she threatened to call the police because I was ‘harassing’ her by asking for my rent money. Since then our communication has been strictly by email, and she never answers the phone or returns my messages. I’ve grown very tired of funding her living expenses with no thanks and lots of head-aches.
In Nova Scotia, I can give a tenant 15 days notice to vacate the premises once they are 30 days in arrears with rent. Currently my tenant owes me a portion of July’s rent and all of August which means I can serve her with an eviction notice. Unfortunately an eviction notice doesn’t guarantee that my tenant will leave, nor does it help me get paid up with the rent owed. In order to enforce my eviction notice and rent owed, I need to appear before the tenancy board and present my case. If I win, I am able to get a small claims court document to enforce payment of rent and my eviction notice.
From start to finish, the process of evicting a tenant can take up to three months! This is because I have to first wait 30 days for the tenant to be in arrears, then the tenancy board hearing often takes about 6 weeks to get a hearing date. Finally there is a two week appeal period before I receive official approval of my claim. If the tenant doesn’t cooperate during the process, only now can I enforce my eviction.
Assuming the tenant still doesn’t leave, I can then forcibly remove them by changing the locks. I can’t restrict the tenant access to his or her personal goods, nor can I sell them. I have to have them removed from the premises and stored somewhere, likely at my expense.
As for the money, I can register my debt with the Personal Property Registry and file a lean against any ‘real’ property the tenant owns. Real property includes land, buildings, appliances, etc. I can attempt to collect my debt through re-possession of real property (via a bonded sheriff) or hope the debtor pays me back when the attempt to acquire real property like a car or house where there is normally a title search performed. A title search will show that there is an outstanding debt/lean and the house, land, or car sale will not complete without the debt and title being cleared.
As you can see this process is long and does’t guarantee any form of payment. I like to avoid these situations when possible, but sometimes you are forced to go down this path. I’ll let you know how it goes.
Wow your area is definitely not landlord friendly. It sounds like they discourage people from operating rental property if you have to jump through so many hoops to get rid of a non-paying tenant. Luckily for me my state is landlord friendly.
Like to read about your daily experience as a landlord
@Jennifer Minge
Yup, you’re right Jennifer landlords are certainly at a disadvantage in Nova Scotia. Tenancy laws are set up to protect the tenant, which is good in most circumstances. However, many people ‘work the system’ and they ending up taking advantage it of it.
I have won my judgment against this tenant and she is now out. I now have to file paperwork to pursue the claim. That includes paying fees to the registration system and hiring a bailif to track down the tenant and collect the money (garnish wages, re-posses property, etc). In fact most landlords I know don’t even go this far and just right the cost off as bad debt.