Landlord and Tenant Board Ruling: Elango v Lozon
Oshawa landlord and tenants reach agreement on late rent payments, avoid eviction through LTB conditional order
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1820 Finkle Drive West, Oshawa, ON L1K0R4
Dispute resolved in
agreement
Balance Owed to Landlord
$201
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2020
Hearing Date
Jun 2021
Order Date
Nov 16, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord served a valid N8 Notice, which the Tenants did not dispute receiving.
Determinations
- This is the Landlord's first application to terminate the tenancy for non-payment of rent.
- This is a monthly tenancy with rent due on the 10th of each month.
- During the year prior to the application, the Tenants were often a day late in paying rent.
- The Tenants' late payments were largely resolved by the time of the hearing.
- The Tenants consented to an order requiring them to pay rent on time going forward.
Case Study
The Landlord served a valid N8 Notice, and the Tenants' late payments were largely resolved by the time of the hearing. Eviction is a remedy of last resort, and the Tenants consented to an order requiring them to pay rent on time going forward. A conditional order is appropriate in these circumstances.
Arguments and Actions
Landlord
Actions
Landlord's representative testified that the Tenants were often late in paying rent since the start of the tenancy in 2017.
Tenant
Actions
Tenant's father became ill with dementia, causing some rent delays, but this issue was resolved by the time of the hearing.
Decision Summary
The Tenants shall pay the monthly rent on or before the 10th of each month from December 2021 to November 2022. If the Tenants fail to make any one of these payments, the Landlord may apply to the Board for an order terminating the tenancy and evicting the Tenants. The Tenants shall also pay the Landlord $201 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
696
Landlord Favorable
92.5%
Tenant Favorable
1.9%
Mutual Agreement
5.6%
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Financial Details
Application Fee
$201
Total Owing
$201 (Owed to Landlord)
Source
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