Landlord Wins Persistent Late Payment Case: Couvrette v Hutchinson 2023
Toronto landlord wins eviction order against tenant for persistent late rent payments, tenant ordered to pay $9618
Summarized by RentZenLast updated: September 12, 2024
Case Summary
22 Pitt Ave, Toronto, ON M1L2R1
Decision in favor of
landlord
Balance Owed to Landlord
$9,618
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Nov 2023
Order Date
Dec 11, 2023
Tenancy End Date
Jan 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, but the Tenant did not void the notices by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on application date
- Lawful rent is $845 due on 1st of each month
- Tenant paid $4,835 since application filed
- Rent arrears to November 30, 2023 are $10,610
- Landlord incurred $186 application filing fee
- Landlord holds $725 rent deposit with $191.21 interest
Case Study
The Landlord served valid N4 and N8 notices, and the Tenant was still in possession of the rental unit on the application date. The Tenant has persistently paid rent late, causing financial hardship for the Landlord. A payment plan is not a reasonable remedy, but postponing the eviction until January 31, 2024 would not be unfair given the Tenant's circumstances.
Arguments and Actions
Landlord
Actions
Landlord advised Tenant that late rent payments are unacceptable, but Tenant continued to pay rent late, causing financial hardship for Landlord.
Tenant
Actions
Tenant had personal issues starting January 2022 that caused rent arrears and late payments. Tenant was suspended from job for over a year but has since been reinstated and plans to get a second job to repay arrears.
Decision Summary
The tenancy is terminated effective January 31, 2024 unless the Tenant pays $11,641 by December 31, 2023 or $12,486 by January 31, 2024 to void the order. If the Tenant does not void the order, they must pay $9,618.17 to the Landlord and vacate the unit by January 31, 2024.
Reason for Eviction Relief
Tenant's personal circumstances and ability to vacate within 2 months
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
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Financial Details
Lawful Rent
$845
Rent Arrears
$10,610
Application Fee
$186
Rent Deposit
$725
Deposit Interest
$191
Total Owing
$9,618 (Owed to Landlord)
Source
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