How to Evict a Tenant – Part Five

Posted by neil on February 27, 2011
General

The eviction process sometimes feels like it is never ending.  Depending on where you live, the eviction process can be short and sweet, or it can be long and painful.  If you are in Ontario, it is the later.

Just because it is a long and painful process, it does not give you an excuse to let this experience defeat you.  The process of evicting a tenant is a true test of every real estate investor.  It is an experience that you must endure.

As my friend Erwin Szeto (a.k.a Mr Hamilton) says, it is inevitable that every real estate investor will experience eviting a tenant at some point in their investing career.

In part one, two, three and four I spoke about the importance of over preparing for your hearing, the advantage of taking an entourage with you, as well as the importance of presenting a transaction summary at your hearing.

In this post, I am going to talk to you about the importance of forming alliances at your court hearing.

When I arrived at the Government building the day of my hearing, I came in with the mindset that I had to form one alliance.  However, when I got into the building and assessed the situation, I quickly realized that I needed to form three alliances, not just one.

Alliance Number One

Prior to attending my court hearing, I spoke with several experienced real estate investors, who had all been through the eviction process before.

One common piece of advice that I got from these investors was the importance of working with my tenant in order to work out a mutually beneficial deal at the hearing.

This was a valuable piece of advice that I received.  It was valuable because it gave me a winning mindset heading into the court hearing.

Naturally, many landlords who attend court hearings are adversarial towards their tenants.  Landlords take on this adversarial approach due to the fact that their tenants owe them money.  I can completely understand the frustration that landlords feel towards their tenants, especially on the day of the court hearing.

I quickly discovered that although I myself was feeling adversarial, I could not let this emotion influence me.

Rather, what I did discover by speaking to experienced investors prior to my hearing was that I needed to  to maintain a calm demeanour throughout my hearing and not demonstrate any frustration or anger, as this would be looked upon in a negative manner by the judge and the ruling body overseeing the hearing.

Therefore, I realized that in order to succeed and eventually ‘win’ my hearing, I had to form an alliance with my tenant.  By doing this, I would be demonstrating to the tenant and the the ruling body at the hearing that I was willing to work cocooperatively in order to work out an agreement of re-payment of rent.

Many of my experienced fellow real estate investors advised me that this was the only way to go.  Further, they told me that based on their experience, in most cases their agreements of re-payment were not honoured by their tenants.  Further, at the time of forming these ‘agreements of re-payment’ with their tenants, the investors knew that the agreements were probably not going to be honoured.  However, the investors knew that this was just part of the process, and that they had to show ‘good faith’ at their court hearing by accepting the agreement.

In summary, you must be wiling to form and alliance with your tenant.  By doing this, you are demonstrating to them as well as the Governmental ruling body overseeing the hearing that that you are willing to co-operate and work out an agreement of repayment.

In the next part of this series, I am going to talk about the other 2 alliances that I formed at my hearing.

These alliances were with the Governmental Ruling Body and with another landlord.

Until next time…

Being aggressive and confrontational is not going to help you win your court hearing.

Best Regards,

Neil Uttamsingh

ps: If you are a new real estate investor and you want to learn more about the eviction process, subscribe to my blog today!

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10 Comments to How to Evict a Tenant – Part Five

  • Really enjoyed the article Neil. Like you said it’s something all lasting real estate investor will probably go through… Over all the GREAT hopefully out weights the bad.

    I’m really enjoying reading this eviction series. keep it up

    – John Fedro

    • Hi John,

      Thanks for the comment.
      That is exactly it. The ‘great’ has to outweigh the ‘not so great’.

      If not, then one has to consider their overall investment strategy.

      I have a few more installments of the Eviction Series still to come.

      Stay tuned!

      Regards,
      Neil.

  • Another good option before you get to this point is to pay the tenant to move out….have done this a few times and saved me a lot more money in the end
    Thanks for sharing

    • Hi Greg,

      Thanks for your comment. I have heard other investors use this strategy as well.
      I think that this is a good idea when the landlord and the tenant do not see eye to eye, and there is a small chance of repairing the landlord-tenant relationship.
      Thanks for your comment!

      All the best,
      Neil.

  • I am so happy I am in Alberta Neil, our eviction process is much simpler and far less convoluted than what landlords in Ontario have to deal with. The RTDRS (Residential Tenancy Dispute Resolution Service) has made it relatively easy to have less than stellar tenants removed fairly quickly.
    If you or your readers need more information about Alberta evictions I have plenty of information here, http://www.albertaeviction.com
    Regards,

    Bill

    • Hi Bill,

      Thank you for your comment.
      The eviction process seems much more straight forward, from what I have heard from all my peers out west.
      Thank you for sharing your website and for your comment.
      All the best,
      Neil.

  • Hi Neil,

    I never knew this but it makes a lot of sense:

    “However, the investors knew that this was just part of the process, and that they had to show ‘good faith’ at their court hearing by accepting the agreement.”

    At the point you get to eviction trial your tenant likely owes you a few months worth of rent so its hard not to be frustrated. At this point you have to be willing to write off the debt and just consider it a bonus if you’re able to collect on the arrears.

    The main thing at this point is to get the tenant out so you can re-rent it as quickly as possible. Thanks for sharing this veteran strategy on how to demonstrate “good faith” and “win” your hearing.

    Cheers,
    Andrew

    • Hi Andrew,

      Thanks for the comment. This was a strategy that I myself picked up from more experienced investors who had been through this process on a number of occasions. Once again, it just goes to show you how much support and power you can gain from your network of fellow investors.

      All the best,
      Neil.

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