Enforcing an Order from the Landlord and Tenant Board
Many landlords are often surprised to discover that despite meticulously following the necessary procedures to obtain a judgment from the Landlord and Tenant Board securing a judgment order in their favor does not ensure automatic payment from the tenant. It's a common misconception that once the hearing concludes and a decision is made, the winning party will promptly receive their entitled dues.
However, a growing number of landlords are encountering situations where tenants, for various reasons, fail or refuse to comply with the payment orders issued by the Landlord and Tenant Board. Since the Residential Tenancies Act lacks automatic enforcement mechanisms, landlords are often compelled to pursue further legal procedures to retrieve the owed funds.
In cases where the Landlord and Tenant Board judgment orders an amount up to $35,000.00 to the successful party, they have the option to file this judgment order with the Small Claims Court. Enforcement is not as simple as filling out a form. It is knowing what your options are, the best times to serve, how to locate a tenant, etc.
If a court has ruled in your favor, you have the right to claim the owed amount from the debtor. The Small Claims Court offers three distinct options for enforcement: garnishment, a writ of seizure and sale of land, and a writ of seizure and sale of personal property.
If you encounter challenges in enforcing a judgment at any point, do not hesitate to reach out to Koprich Paralegal Services. As experienced paralegals, we are dedicated to assisting you at every stage of the enforcement process. Our comprehensive legal services encompass form completion, document filing, provision of legal guidance, and the development of a robust strategy for effective enforcement. Remember, there are no limitations on judgments pursuant to the Limitations Act, but the sooner you start trying to enforce the better and after 6 years, it will likely be more complicated and costly.