468 Ottawa North Residences Corp v Peters: Persistent Late Rent Payment Case
Hamilton landlord granted conditional relief from eviction for tenant's persistent late rent payments
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 468 Ottawa Street North, Hamilton, ON L8H4A6
Decision in favor of
landlord
Balance Owed to Landlord
$7,811
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2021
Hearing Date
Jul 2022
Order Date
Jul 21, 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord filed two applications: L1 for non-payment of rent and L2 for persistent late payment of rent. The L1 application was dismissed as the Tenant paid the arrears in full. The L2 application was granted, but the Tenant was given relief from eviction subject to conditions.
Determinations
- L1 application for non-payment of rent dismissed
- Relief from eviction granted subject to conditions
- Tenant paid rent arrears in full
- Tenant persistently failed to pay rent on due date
Case Study
The Tenant could have avoided the L2 application by consistently paying rent on time. To prevent future issues, the Tenant should ensure timely rent payments and communicate with the Landlord if facing financial difficulties.
Arguments and Actions
Landlord
Arguments
Landlord demonstrated persistent late payment of rent by the Tenant.
Actions
Landlord filed two separate applications (L1 and L2) to address non-payment and persistent late payment of rent.
Tenant
Arguments
Tenant testified ability to pay rent on time in the future.
Actions
Tenant consistently failed to pay rent on the due date, which is the first day of each month.
Aggravating Factors
Persistent late payment of rent
Decision Summary
The L1 application for non-payment of rent was dismissed as the Tenant paid the arrears. The L2 application for persistent late payment was granted, but the Tenant was given relief from eviction. The Tenant must pay rent on time for one year, from August 1, 2022, to July 1, 2023. If the Tenant fails to make any payment on time, the Landlord can apply for eviction without notice within 30 days of the breach.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,000
Rent Arrears
$8,802
Rent Deposit
$1,000
Total Owing
$7,811 (Owed to Landlord)
Source
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