14461975 Canada Inc. v Nembot - Landlord Wins Persistent Late Payment Case
Toronto landlord successfully evicts tenant for repeatedly paying rent late, awarded $186 in application fees
Summarized by RentZenLast updated: September 23, 2024
Case Summary
Unit ****, 28 Freeland St, Toronto, ON M5E0E3
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
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Timeline
Application Date
Apr 2024
Hearing Date
Jul 2024
Order Date
Aug 29, 2024
Tenancy End Date
Sep 2024
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to persistent late payment of rent. The landlord served the tenant with a valid N8 Notice to Terminate Tenancy, citing late rent payments for several months. The tenant did not attend the hearing.
Determinations
- Tenant was in possession of the rental unit on the application date
- Rent is due on the 9th of each month
- Landlord served valid N8 Notice
- Tenant failed to pay rent on time for several months
- Tenant has continued to pay rent late since the N8 Notice was served
- Tenant did not attend the hearing
Case Study
The landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation. The tenant did not attend the hearing to provide evidence regarding their circumstances, and the landlord's representative advised that they were not aware of any circumstances of the tenant that would cause the adjudicator to delay or deny an eviction. The adjudicator has considered all the disclosed circumstances and found that it would be unfair to grant relief from eviction.
Decision Summary
The tenancy is terminated, and the tenant must move out of the rental unit on or before September 9, 2024. If the unit is not vacated by that date, the landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The tenant shall also pay the landlord compensation of $108.49 per day for the use of the unit starting September 10, 2024 until the date the tenant moves out. The tenant shall also pay the landlord $186.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
10.0%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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