Landlord and Tenant Board Ruling: Brosko v Davies
Landlord denied eviction, tenant ordered to pay rent on time for 12 months to avoid eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
208 Kennedy Road, Scarborough, ON M1K2B5
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Oct 2020
Order Date
Nov 3, 2020
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Tenant has persistently failed to pay rent on due date
- Tenancy commenced on 2016-09-01, rent due on 1st of month
- Tenant failed to pay rent in full by 1st of month 10 times in last 12 months
- Lawful monthly rent is $1098.15
- Granting relief from eviction is not unfair due to Tenant's long tenancy
Case Study
The Tenant has persistently failed to pay the rent on the date it was due. The Tenant has not paid rent in full by the first of the month 10 times in the last 12 months. However, considering the length of the Tenant's tenancy, it would not be unfair to give the Tenant the opportunity to preserve her tenancy by paying the rent in full and on time for a specified period of time.
Arguments and Actions
Landlord
Actions
Landlord's agent stated that the Landlord was seeking an eviction, but would be willing to consent to an order compelling the Tenant to pay the rent in full and on time.
Tenant
Arguments
Tenant requested an order to pay rent in full and on time to allow her to stay in the unit.
Actions
Tenant has persistently failed to pay rent on time, with 10 late payments in the last 12 months.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant shall pay the full monthly rent of $1098.15 on or before the first day of each month, commencing December 2020 and for 11 months thereafter up to and including November 2021. If the Tenant fails to comply with this condition, the Landlord may apply for an order terminating the tenancy and evicting the Tenant within 30 days of the breach.
Adjudicator Details
LTB Member
Total Orders
319
Landlord Favorable
90.3%
Tenant Favorable
4.4%
Mutual Agreement
5.3%
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Financial Details
Lawful Rent
$1,098
Source
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