Landlord Wins Persistent Late Payment Case: Schiller v Drouillard
LTB Ruling: Landlord Wins Persistent Late Payment Case in Belle River
Summarized by RentZenLast updated: July 22, 2024
Case Summary
603B St. Charles Street, Belle River, ON N0R1A0
Decision in favor of
landlord
Balance Owed to Landlord
$3,386
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2021
Hearing Date
Dec 2021
Order Date
Feb 17, 2022
Tenancy End Date
Mar 2022
We estimate Application Date using rent arrears.
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
- Landlord served valid N8 Notice
- Tenant in arrears of $3,200
- Tenant paid no rent from September 2021 to December 2021
- Tenant paid rent late 10 out of 15 months from June 2020 to August 2021
- Tenant's only income is Ontario Works of $733/month
Case Study
The Tenant's monthly income is only $93.00 more than the monthly rent. When factoring in monthly living expenses, the Tenant can only afford to pay the monthly rent on time with additional assistance. The Tenant's proposal requires her parents to provide financial assistance, but it is not clear if the Tenant will in fact be receiving such support, especially considering the Tenant's evidence that her father is seriously ill. In addition to being late in paying the rent, the Landlord is also owed 5 months of rent arrears.
Arguments and Actions
Landlord
Arguments
Landlord is a small Landlord who requires rental income to assist in paying the mortgage.
Tenant
Arguments
Tenant wishes to reside in the rental unit as her father is ill and lives in the area.
Actions
Tenant has gone through stress since the passing of her two pets. In August 2021, she was in a car accident with her boyfriend who was injured and unable to work or contribute to the monthly rent.
Decision Summary
The tenancy is terminated effective March 31, 2022. The Tenant must move out by that date. The Tenant shall pay the Landlord $186 for the cost of filing the application. If the Tenant does not pay the full amount owing by February 14, 2022, the Tenant will start to owe interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$640
Rent Arrears
$3,200
Application Fee
$186
Total Owing
$3,386 (Owed to Landlord)
Source
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