No pet/damage deposits allowed, renter moving, pet ate patio door

[Tashsa Holmes]

Hi everyone,

House is in Ont. Canada, where you can only collect first and last month's rent when a renter signs lease. You can't collect damage deposits, or pet deposits for renters that have pets. A renter can sign lease, have no pets and a day later bring a pet home and you can't do anything about it. 

We did include in our lease renter is responsible to cover pet damages and to have carpet cleaned prior to moving out.

This is my concern, renter is moving out Feb 1st, damage to patio door was discovered when showing place. Its a new patio put in one year ago. The dog ate up and down the side of the patio door. It is recent damage that was not mentioned to me which makes me think renter has no intention of fixing it. Its pretty bad so it has to be replaced.

How to get replacement money from tenant without going to small claims court? 

This isn't a cheap purchase

Its a easily $700 for patio door. That doesn't include installing it. Plus to carpet clean place it's $300.

Should I remind renter of lease about pet damages and ask renter to cover replacement costs and that is it or 

should I give renter a couple options, let renter chose one that works.  

Such as a payment plan, how would you break it down,

or should I have renter move out earlier and use renter last as payment to cover cost? 

or say cover the patio and we will cover the carpet cleaning?

or have renter pay half and move out two weeks earlier so we can fix it before new renter moves in Feb?

My concern is the timing, its right after Christmas will renter have any money. I believe its a paycheck to paycheck situation.

Any suggestions would be so helpful.

Thanks

[Thomas S.]

First thing you do is speak to your tenant regarding her responsibility to pay for damages and immediately get the damage repaired. If she does not pay you then you must issue the N5 while she is still a tenant.

If she does not reimburse you for the repairs immediately you also need to inform her that rent will be due the 1st of February as usual and she will be reimbursed her LMR when she vacates the unit. Tell her if she does not pay on time for February you will file a L9 and she will own you an additional $190. You want to place the maximum amount of financial pressure on her as possible.

Worse case you take her to small claims court. Costs are minimal, tenant will be responsible for cost to repair door, LTB fees and small claims court costs.

It is mandatory that you find out where she moves to otherwise it will be difficult to collect. The LTB system is not in your favour, small claims court is your best option especially if she has a job that you can garnish wages. If so then you will likely collect.