Aiderbrook Management Inc. v Palchok
Last updated: January 12, 2025
Order
Ordered by Ender Joseph,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Dispute resolved in
Agreement
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Aiderbrook Management Inc. v Palchok, 2024 ONLTB 81163
File Number: LTB-L-059271-24
Timeline
Hearing Date
Oct 2024
Order Date
Nov 12, 2024
Decision
The Landlord's application for an order terminating the tenancy and evicting the Tenant based on rent arrears is discontinued. The tenancy continues if the Tenant pays the rent on time going forward. If the Tenant fails to comply with the conditions, the Landlord may apply to terminate the tenancy.
Reason for Eviction Relief
Tenant can easily remedy the situation and preserve their tenancy, and this is the first application brought on this ground by the Landlord
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late payment of rent. The Tenant paid all rent arrears prior to the hearing, but the Landlord continued with the application for persistent late payment.
Determinations
- Tenant paid all rent arrears prior to hearing
- Landlord served valid N8 notice for persistent late payment
- Tenant did not dispute late payments
- Tenant has been persistently late in paying rent
Landlord's Arguments
Arguments
Landlord's Agent sought a termination of the Tenancy due to the continued late payments of the rent.
Actions and Evidence
Landlord's Agent testified that they objected to late payments by serving five N4 Notices to Tenant regarding the issue of late payment, prior to the service of the N8 notice.
Tenant's Arguments
Arguments
Tenant requested relief from eviction as he lives with his two children and does not want to be displaced. He testified that he is employed full-time and has a total monthly income of $4000, which is sufficient to pay the rent of $1486.25 and cover other expenses.
Actions and Evidence
Tenant submitted that he has been late on paying rent due to his obligation to pay his credit card bill on the same date.
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