Landlord Loses Persistent Late Payment Case: Aliassa v O'Hara 2023
LTB dismisses landlord's application to evict tenants for persistent late rent payments in North York
Summarized by RentZenLast updated: September 12, 2024
Case Summary
78 Donwoods Dr, North York, ON M4N2G5
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Feb 2023
Hearing Date
Oct 2023
Order Date
Nov 29, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants due to persistent late payment of rent. The Landlord served a valid N8 Notice alleging the Tenants paid rent late on several occasions between December 2021 and February 2023.
Determinations
- Landlord has not proven Tenants persistently paid rent late
- Landlord agreed to accept late rent payments
- Landlord did not advise Tenants late payment was unacceptable
Case Study
The Landlord admitted he agreed to accept late rent payments from the Tenants on a month-by-month basis for many years. The Landlord's course of conduct made it reasonable for the Tenants to expect that rent would not be considered late when not paid on the 1st of the month. The Landlord did not demonstrate he made the Tenants aware he no longer agreed to late payments prior to serving the N8 Notice.
Decision Summary
The Landlord's application is dismissed. The Landlord has not proven the Tenants persistently paid rent late, as the Landlord agreed to accept late rent payments from the Tenants on a month-by-month basis for many years.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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