Landlording Problems - Ending Tenancy by Landlord

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	- Notice to Pay Rent

Q: We have a tenant whos first months rent has already bounced. We are issuing a notice to end tenancy but were wondering if they are still obligated to pay the rent even after the 5 days and do we still need to give back the damage deposit. We have realized that we chose the wrong people to move in but we didn't really have a choice as they were the only ones who came to view and it was close 5 days till the end of the month...we were desperate for tenants!!! We could not afford to pay the mortgage on the house as well as our own rent. Obviously this is not going to work out. They gave signed a month-month aggreement but we want to loose them. If they pay the rent we are afraid they will have to stay.....how can we get rid of them?

A: It appears to me that you want to do two things: end the tenancy for non-payment of rent and also get the rent money that you contracted for.
You can move to end the tenancy by issuing the tenant a Notice to End the Tenancy for non-payment of rent. This is filed on form RTO3. It gives the tenant 5 days from being given the Notice to pay the rent in full. The tenant also has the right to dispute the Notice within 5 days. If the tenant doesn't pay the rent within 5 days and doesn't dispute the Notice in the time allowed, he is then deemed to have accepted the end of the tenancy on the date established by the Notice.
An application for arbitration is filed on form RTO 12. This is the form to use for a monetary claim. It asks for the Order or Decision requested, including itemized monetary amounts where applicable.
As a landlord you must return the security deposit within 15 days of the end of the tenancy unless you have claimed against it in accordance with the Act; unless the tenant has agreed in writing that you may keep any or all of it; and/or unless an Arbitrator or Judge has ordered that the landlord may keep any or all of the deposit(s).