This sounds totally skewed. If the judge believes the rent really has been paid, why would it be ordered that D'Amico's court costs be paid? If this were true, it would be practically impossible to evict anyone but people are evicted, regularly. There must be information missing, in this saga.

She should just file a claim in Small Claims and garnishee his wages....

Tenants who don't pay rent are stealing from their landlord!!! Yes they are!!! If they robbed the corner store... they would use a weapon for less money than a months rent. No weapon... is like shoplifting!! And yes the good guy pays in the end because the smart business person ups the rent to "help" cover the lossess. And on .. And on..it goes !!! I am a land lady for 4 units Halifax N.S. mosher-c@yahoo.ca

why didn't the judge demand proof of payment? if they had paid the landlord, they would have had a receipt..

Don't even think about sueing someone. It will take five to ten years and the legal fees will exceed anything you might recover.

I am a landlord and have heard horror stories from other landlords myself. This points out that the court system judges are pushovers to the tenats! The Judges are also accessories to the crime committed by bad tennants if they alow tenants to get away with these crimes. The tenants must be ordered and more importantly forced to Pay all the Landlord and court costs if they are abusing the system plus a fine with the money used to help make the system more fair to all parties.

Don't bounced cheques ruin your credit? Wouldn't a landlord check your credit score first before renting to you? Have to agree with the comment - why didn't the judge demand proof of payment? I have to blame the landlord for being an idiot, but there's no law against that.

as a landlord myself i have experienced this injustice myself in l&t court.Everything is in favor of the tenant even if the judge ruled in favor of the landlord to collect the $ owing good luck again court costs are exorbitant with no assurances of ever getting this $ so the law is just as unfair as the non paying tenant it`s best to let it go and learn a lesson that there are bad people and that hopefully you will not cross path with them in the future.

the system is flawed totally in favor of tenants , until you become a landlord you just don't realize how little is availible to you

I would go and physically throw the bastards out. Throw their stuff on the street.

Dont ever become a Landlord..Put your money into something else.(Anything BUT).Becoming a Landlord is a friggin Headache..Try and think of it as someone getting in your car and taking it for a drive ..You cant see the way they are taking care of it etc..Itr's like giving your child to one of these foreign Babysitters ..Well thats another HORROR situation . Believe me...

Why can the owners not charge the renters with fraud and or have ONLY cash as payment, not some paper that is untraceable???

why is this allow,making a mokery of the juditial system,not paying for something you are getting is steeling and that should be punishable without any questions asked,m.e.k.

In Quebec, its even worse. We had a tenant who owed us 3 months rent, when we finally saw the judge, the tenant had declared banckrupcy and we couldn't do anything about it, and had to wait until then lease ran out. Then we has another tenant who trashed our place, but it was our word against his. By the time we file a complaint against the Regie, half the time they take off, new address unknown. By the time we can finally evict them its 6 months later, all at the landlord's expense. It does not make sense that we have to pay to open files, and continue paying the court fees, plus money is still owed to us, In the meantime we still have to pay insurance, taxes and the mortgage. We should all get together and sue the rental boards. I understand that there are landlords who abuse too, but what about the good landlord he is left alone to fry.

Not a landlord, but know a few who are and the "crap" they go through with "some" tenants, is unbelievable.

Having said that, there are "some" landlords who are no day at the beach either. Guess it can work both ways.

As for this landlord in particular, exactly how much "research" did Ms. D'Amico do before renting to Mr and Mrs Hitti? Did she check out their references? Credit rating? Place of employment? Talk to any previous landlords?

While many ads state credit checks required, first and last required, references required, sadly, many landlords DON'T do the research. If a perspective tenant shows up and they "seem" nice, decent, sound intelligent, say they are employed, come across as believable, a landlord "buys" into the facaud and hands over the keys.

Being prudent can pay off greatly, or it can leave you, the landlord, with nothing more then one very big headache and mess.

If Ms D'Amico didn't do her homework, I don't feel sorry for her. She got what she "bought into".

What is especially unfortunate is that rents have increased so much to cover losses like this.

We rent a 4 bedroom, 2.5 bathroom house in west GTA for $2400 (was listed at $2600, but we negotiated lower rent for a longer lease). We looked at houses that were $2000 three years ago and are now $3600. They weren't that great in 2009 and now they're 3 years older.

We pay our rent on time and take care of the property, despite one or both of us being out of work for 20 of the 39 months we've been in the house.

Stories about tenants like these make finding a new home that much harder for good tenants.

While I will agree that some landlords go through alot with certain tenants but this article certainly does not reflect what actually happens when tenants owe rent and it goes to the LTB. The tenant has to show proof that they have paid, in this case if the landlord has copies of the checks and the NSF then she would have won her case. Unless the tenants also filed an issue with severe lack of maintenance in the unit. But all in all the law is clear, either the tenant pays all that is owed or they must leave the premises within 11 days or the Sheriff comes. I am a Social worker who helps persons being evicted and this article is far from reflecting all the details of truth. Certainly many details are missing.

Easy fix. Go in when they are both not there & remove all their belongings.....And also shut off the hydro & water. they are frickin losers!!!!

Im sure glad our laws in BC are Not the same...... :)

I work in Property Management in Ontario and it is a nightmare.
Tenants can't pay the rent but just got home from "holidays" and that is why they can't pay?
Unless you have been in this field you cannot know the nightmares some tenants can cause and get away with. It takes forever to evict and then there is such a sob story and a promise to pay and it starts all over again. There is "protection" for tenants but nothing for landlords. Not all landlords are slumloards. You can check someone credit but bounced cheques do not always show on a credit report. Some make it bad for all but a landlord can be charged with "discrimination" as well and the so called tenant can not. There is no win for landlord.

Sell your real estate holding now while prices are high. If you really want to be an investor in Real Estate buy a real estate investment trust so that the property is managed by professionals. If enough people get out of the Landlord business and their are fewer rentals available then maybe the politicians might change the laws that currently favour tenants.

Horrid issue for both sides. No mention on upgrading standards for minimum soundproofing and better insulation of many sorts standards in buidings of this sort and above.
No just too unmentionable in Canada.

Once your tenant falls 2 months in arrears, give them an eviction notice with "OWNER TO OCCUPY" checked off, they'll have no re-course then, they have to move out, good luck.

When the tenant is not home, go in and clear out everything. Change the lock and leave them in the street. How about them apples! You get abused? abuse back dont sit on your ass. If they call the police, its ur word against his :)

How does the tenant get a "a sworn affidavit saying that the backlog of rent has been paid" when it hasn't been? Can the landlord get a sworn affidvit saying that it hasn't been? Her (the landlord) bank records would be enough proof wouldn't they?