Landlord Wins Persistent Late Payment Case: Stevenson v Lariviere
Renfrew tenant avoids eviction for persistent late rent payments, must pay on time for 12 months
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 708 Fifth Street, Renfrew, ON K7V1G2
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2020
Hearing Date
Mar 2021
Order Date
Mar 30, 2021
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlords served a valid N8 Notice with a termination date of October 31, 2020. The Tenant had been late on rent payments 16 times from January 2019 to August 2020.
Determinations
- Tenant is in possession of the rental unit
- This is a month-to-month tenancy with rent due on the 1st of each month
- Landlord collected a last month's rent deposit of $635, with interest owing
- Landlord served valid N8 Notice with termination date of October 31, 2020
- Tenant has persistently failed to pay rent on time, 16 times from January 2019 to August 2020
- Tenant's maintenance issues will not be considered in this application
Case Study
Although the Tenant was purposely withholding rent since August 2020, termination of the tenancy is the remedy of last resort. The Tenant's testimony was that she can pay rent in full and on time, so she should be given another opportunity to continue the tenancy provided she meets the conditions set out in the order.
Arguments and Actions
Landlord
Arguments
Landlord submitted the Tenant had purposely withheld rent from August 2020 to the date of the hearing, and the tenancy should be terminated.
Tenant
Arguments
Tenant submitted she was late on rent because she sometimes would not get the OW cheques on time. Tenant stated she can pay rent in full and on time.
Actions
Tenant was late on rent payments 16 times from January 2019 to August 2020. Tenant withheld rent since August 2020 due to maintenance issues, but conceded this in cross-examination.
Aggravating Factors
Tenant purposely withheld rent since August 2020
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 on or before the first day of each month, commencing May 1, 2021 and for 12 months thereafter up to and including April 1, 2022. 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. The Tenant shall also pay the Landlord $186.00 for the cost of filing the application by April 10, 2021.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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Financial Details
Application Fee
$186
Rent Deposit
$635
Total Owing
$186 (Owed to Landlord)
Source
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