Landlord-Tenant Dispute Resolved: Chahal v Brigmohan
Brampton tenants avoid eviction for persistent late rent payments, must pay on time for 12 months
Summarized by RentZenLast updated: July 26, 2024
Case Summary
9 Hawkins Court, Brampton, ON L6S2N7
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2021
Order Date
Jan 5, 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Tenants do not dispute the late payments, citing financial struggles due to divorce proceedings. The Tenant is seeking relief from eviction.
Determinations
- Application based on N8 Notice for persistent late rent payments
- Tenancy is month-to-month
- Rent due on 1st of each month
- Rent paid piecemeal in 2021
- Tenant does not dispute late payments
- Tenant in financial struggles due to divorce
- Tenant resides with dependent brother
- Relief from eviction granted under s.83(1) of the Act
Case Study
The Landlord's application for eviction is denied on the condition that the Tenants pay the rent on time and in full for a period of twelve months from the date of the order. If the Tenants fail to make any of the payments as required, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
Arguments and Actions
Tenant
Arguments
Tenant is seeking relief from eviction.
Actions
Tenant states she and her husband were/are getting divorced and she struggled financially, but is currently in a better financial position to pay the rent on time going forward.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenants pay the rent on time and in full for a period of twelve months from the date of the order. If the Tenants fail to make any of the payments as required, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.5%
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