Landlord Wins Eviction Case Against Tenant with Rent Arrears: Blustein and Sankiewicz v Lachapelle 2021
Landlords awarded eviction and $5200 judgment against tenant with persistent late rent payments
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2066 Queen Street E, Toronto, ON M4E 1C9
Decision in favor of
landlord
Balance Owed to Landlord
$5,200
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2021
Order Date
Dec 23, 2021
Tenancy End Date
Jan 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord served a valid N8 Notice, alleging the Tenant had been persistently late in paying rent for 15 consecutive months.
Determinations
- Landlord served valid N8 Notice
- Tenant in possession on application date
- Lawful monthly rent is $1,865.68
- Landlord holds $1,800 rent deposit
- Tenant owes interest on rent deposit
- Tenant has persistently paid rent late
- Tenant unable to confirm ability to pay rent on time
Case Study
The Tenant has persistently failed to pay rent on time, even after an Interim Order requiring her to do so. While the Tenant faced financial pressures due to the pandemic, she has not been able to confirm her current revenues or demonstrate she will be able to pay rent on time going forward. The Landlord is entitled to terminate the tenancy, but the eviction is postponed to January 31, 2022 to allow the Tenant, who has three young children, additional time to find alternative accommodations.
Arguments and Actions
Tenant
Arguments
Tenant asked for a review of the Interim Order requiring her to pay rent on time, thinking she would be able to explain when she could start paying on time.
Actions
Tenant has been persistently late in paying rent, citing financial pressures due to the pandemic and caring for three young children. Tenant thought she could choose when to pay rent even after a Board order.
Decision Summary
The tenancy is terminated effective January 31, 2022. The Tenant must vacate the unit by that date and pay the Landlord $5,200.25, which includes compensation for use of the unit, the application fee, and interest on the rent deposit. If the Tenant does not pay the full amount by January 31, 2022, interest will accrue on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
161
Landlord Favorable
92.5%
Tenant Favorable
5.0%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,866
Application Fee
$186
Rent Deposit
$1,800
Damages
$5,014
Total Owing
$5,200 (Owed to Landlord)
Source
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