Landlord Wins Persistent Late Payment Case: Bassetti v Mullin 2023
Sudbury landlord wins late payment case, tenant granted conditional relief from eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
295 Cedar St, Sudbury, ON P3B1M8
Dispute resolved in
agreement
Balance Owed to Landlord
$6,440
Dispute Categories
Notices Sent
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Timeline
Application Date
Apr 2022
Hearing Date
Mar 2023
Order Date
Apr 13, 2023
Tenancy End Date
Apr 2023
Dispute Summary
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 Landlord served valid N4 and N8 notices, and the Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,037.30 per month
- Tenant paid $9,039 since application filed
- Rent arrears owing to March 31, 2023 are $5,216.90
- Landlord incurred $186 application filing fee
- No last month's rent deposit
Case Study
The Tenant did not void the N4 notice by paying the rent arrears, and the Tenant had persistently paid rent late. However, considering the Tenant's circumstances, including the impact of the pandemic, the adjudicator found it appropriate to grant the Tenant relief from eviction provided the Tenant makes timely rent payments going forward.
Arguments and Actions
Landlord
Actions
Landlord's representative noted the Landlord's advanced age, health challenges, and the stress caused by the Tenant's history of non-payments.
Tenant
Actions
Tenant stated his employment was impacted by the pandemic in 2020 and indicated he can pay all the arrears owing by way of a lump sum payment.
Decision Summary
The tenancy is terminated unless the Tenant pays $6,440.20 by April 30, 2023 to void the order and continue the tenancy. If the Tenant does not pay, the Tenant must move out by April 30, 2023 and pay the Landlord $5,115.80 plus daily compensation. The Landlord's L2 application for persistent late payment is granted, with the Tenant required to make timely rent payments going forward.
Reason for Eviction Relief
Tenant can pay all arrears owing by way of lump sum payment
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$1,037
Rent Arrears
$5,217
Application Fee
$186
Total Owing
$6,440 (Owed to Landlord)
Source
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