Landlord and Tenant Reach Agreement in Persistent Late Payment Case: 1297760 Ontario Inc. v Domdardzi and Smith 2022
LTB Case Study: Landlord and Tenants Resolve Late Rent Issue
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 443 Pearl St, Burlington, ON L7R2N2
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2022
Order Date
Aug 29, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord served the Tenants with an N8 Notice of Termination with a termination date of March 31, 2022.
Determinations
- Landlord served valid N8 Notice
- Lawful monthly rent is $1,142.08
- Tenants have been persistently late in paying rent for 18 months
- Tenants have caught up on rent arrears as of August 2022
Case Study
The Landlord's Legal Representative submitted that the Tenants have been consistently late with the rent payments for a period of 18 months. The Tenants did not dispute this submission. The Landlord's Legal Representative was willing to work matters out with the Tenants provided the Tenants stop being late with the rent. The Tenants testified that they have finally caught up with the rent owing to the Landlord as of August 2022 and that they would like to continue their tenancy in the rental unit.
Arguments and Actions
Landlord
Arguments
Landlord's Legal Representative was willing to work matters out with the Tenants provided the Tenants stop being late with the rent.
Actions
Landlord's Legal Representative submitted that the Tenants have been consistently late with the rent payments for a period of 18 months.
Tenant
Actions
Tenants have caught up on the rent arrears owed.
Decision Summary
Relief from eviction is granted subject to the condition that the Tenants shall pay the Landlord the monthly rent due on or before the 1st day of the month for the period of September 1, 2022 to August 1, 2023. If the Tenants fail to make any of the payments, the Landlord may apply to the Board, no later than 30 days after a breach of this order, without notice to the Tenants, for an order terminating the tenancy and evicting the Tenants.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$1,142
Source
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