Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$201
to Landlord
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Citation: 10 Trudelle Apartments Limited v Clark, 2024 ONLTB 5770
File Number: LTB-L-037442-23
Hearing Date
Dec 2023
Order Date
Jan 29, 2024
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.
Tenant's physical disability and difficulty getting to the bank on time to pay rent
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.
Tenant sought relief from eviction under subsection 83(3)(a) of the Act and raised maintenance issues regarding fridge disrepair and pests.
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.
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Application Fee
$201
Ordered Amount
$201 (to Landlord)
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