Landlord Wins Persistent Late Payment Case: Gilas Management & Maintenance Ltd. v Wytenburg and Lee
Ottawa landlord wins eviction case against tenants for persistent late rent payments, awarded $219
Summarized by RentZenLast updated: July 26, 2024
Case Summary
325 Cooper Street, Ottawa, ON K2P0G5
Decision in favor of
landlord
Balance Owed to Landlord
$219
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2020
Hearing Date
Jul 2021
Order Date
Aug 3, 2021
Tenancy End Date
Aug 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord had previously served several Notices of Termination for non-payment of rent (N4) and the parties had entered into an agreement that the rent was due on the 1st of each month, which the Tenants had not honoured.
Determinations
- Tenants have persistently failed to pay rent on due date
- Rent and compensation owing determined by previous Board order
- Landlord served several N4 Notices for non-payment
- Parties agreed rent due on 1st, which Tenants did not honour
- Rent ledger shows persistent late payments since 2019
- Unfair to grant relief from eviction
Case Study
The Tenants acknowledged they agreed to the rent being due on the 1st of each month, but they have not been paying their rent as previously agreed. The Tenants stated this was due to an ongoing dispute over the content of the consent agreement. However, the Landlord's rent ledger submitted as evidence demonstrated that the Tenants have persistently paid their rent late since 2019. The Board found it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Arguments
Tenants stated non-payment was due to ongoing dispute over consent agreement.
Actions
Tenants acknowledged they agreed to rent being due on 1st, but have not been paying rent as agreed.
Decision Summary
The tenancy between the Landlord and the Tenants is terminated effective August 14, 2021. The Tenants must move out of the rental unit on or before August 14, 2021. The Tenants shall pay the Landlord $33.21 per day for compensation for the use of the unit from August 14, 2021 until the date they move out, as well as $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by August 14, 2021, they will start to owe interest at 2.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
333
Landlord Favorable
88.6%
Tenant Favorable
0.3%
Mutual Agreement
11.1%
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Financial Details
Application Fee
$186
Other Owed Amount
$33
Compensation for use of unit after termination date
Total Owing
$219 (Owed to Landlord)
Source
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