Centurion Property Associates Inc v Shaw - LTB Ruling on Persistent Late Rent Payments
Landlord wins eviction case against tenants who persistently paid rent late in Toronto
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 5 Biggin Crt, Toronto, ON M4A1M2
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Apr 2024
Order Date
Jun 24, 2024
Tenancy End Date
Jul 2024
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 alleging the Tenants paid rent late 12 months out of 12 between September 2022 and August 2023. The Tenants did not seriously dispute the late payments.
Determinations
- Landlord proved persistent late payment of rent
- Tenant was in possession on application date
- Rent due on 1st of each month
- Tenant paid late 12 times in 12 months
- Tenant continued to pay late until hearing date
- No rent owing at hearing date
- Landlord incurred $186 application fee
Arguments and Actions
Landlord
Arguments
Landlord opposed any relief from eviction, arguing that the Tenant has been persistently late with rent payments and the Landlord has had to file multiple applications and attend multiple hearings since 2016.
Tenant
Arguments
Tenant requested conditional relief from eviction whereby he would be required to pay rent in full and on time.
Actions
Tenant has been residing at the rental unit for 10 years. Tenant blamed past problems with paying rent on time on his own issues collecting payment for his work, but claimed these issues were now behind him.
Decision Summary
The tenancy is terminated effective July 5, 2024 due to the Tenant's persistent late payment of rent. The Tenant must vacate the unit by that date. If the unit is not vacated, the Landlord may file the order with the Sheriff for enforcement. The Tenant must pay the Landlord $186 for the application fee. If the Tenant does not pay the full amount by July 5, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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