10 Trudelle Apartments Limited v Clark - LTB Ruling on Persistent Late Rent Payments
LTB grants landlord conditional order to prevent eviction of Toronto tenants for persistent late rent payments
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 10 Trudelle Street, Toronto, ON M1J1Y9
Decision in favor of
landlord
Balance Owed to Landlord
$201
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Dec 2023
Order Date
Jan 29, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord presented a rent ledger showing the Tenants paid rent late 21 times in the 37 months preceding the N8 notice. The Tenants disputed the payment dates but did not provide any evidence to support their claims.
Determinations
- Landlord proved grounds for termination due to persistent late rent payments
- Tenants did not provide evidence to dispute Landlord's rent ledger
- Rent paid in full up to December 31, 2023
- Landlord entitled to $201 application filing fee
Arguments and Actions
Tenant
Arguments
Tenant sought relief from eviction under subsection 83(3)(a) of the Act and raised maintenance issues regarding fridge disrepair and pests.
Actions
Tenant testified that she receives numerous notices of termination from the Landlord which overwhelms her and causes her to pay the rent late. Tenant also testified that she has a physical disability in her knees and sometimes is not able to get to the bank on time to get the funds to pay the Landlord.
Decision Summary
The Landlord proved the grounds for termination due to persistent late rent payments. The Tenancy will continue if the Tenants pay the rent on time for 12 months. If the Tenants fail to comply, the Landlord may apply to terminate the tenancy without notice.
Reason for Eviction Relief
Tenant's physical disability and difficulty getting to the bank on time to pay rent
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
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Financial Details
Application Fee
$201
Total Owing
$201 (Owed to Landlord)
Source
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