Cai v Habib - Landlord Loses Persistent Late Payment Case at LTB
Landlord loses persistent late payment case, tenants able to show agreement with landlord to pay rent by 10th
Summarized by RentZenLast updated: September 12, 2024
Case Summary
13 Stonebridge Dr, Markham, ON L6C2C3
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jul 2023
Order Date
Aug 4, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord served a valid N8 notice, but the Tenant argued that the parties had an agreement to pay rent by the 10th of the month, which the Landlord had acquiesced to.
Determinations
- Landlord served valid N8 Notice
- Tenant was in possession on application date
- Parties had agreement for rent payment by 10th
- Tenant late 29% of time, not persistently late
Case Study
The Landlord did not prove on a balance of probabilities that the Tenant was persistently late in paying rent. The evidence showed that the parties had an agreement for the Tenant to pay rent by the 10th of the month, which the Landlord had acquiesced to. The Tenant was only late about 29% of the time, which does not qualify as persistent late payment.
Arguments and Actions
Landlord
Arguments
Landlord argued Tenant was persistently late in paying rent.
Procedural Errors
Landlord did not mention email correspondence in arguing Tenant was persistently late.
Tenant
Arguments
Tenant argued that Landlord acquiesced to rent being paid by 10th of month.
Actions
Tenant provided text messages showing agreement with Landlord to pay rent by 10th of month.
Decision Summary
The Landlord's application is dismissed. The Landlord shall pay the Tenant the costs of the hearing in the amount of $186.00.
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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