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Landlords: How to Recover Rent

The landlord may apply to the Clerk of Court for release of the rent because the condition in issue has been corrected. The landlord may also dispute rent withholding and request a full release of the rent on the grounds that:

  • the tenant did not comply with notice requirements
  • the tenant was behind in the rental payments at the time of the initial rent deposits
  • there was no violation of any of the landlord’s obligations

Once the application is made, a hearing is scheduled before a judge or magistrate.  If the tenant agrees in writing that the condition is corrected and that rent should be released to the landlord, no hearing is required.

The landlord may apply to the Clerk of Court for a partial release of rent for payment on a mortgage, insurance premiums, real estate taxes, utilities, repairs and other usual costs of operating the premises.

The application for release of partial rent will be heard by a judge or magistrate. The judge or magistrate will decide whether or not to grant a partial release of the rent. They will consider the amount of rent the landlord receives from other rental units, the cost of operating those units, and the costs which may be required to address the tenant’s complaints.

The tenant may file an Answer to any request by the landlord to have rent released explaining why he or she agrees or disagrees with the landlord.