Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 78, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Previous Order
Upheld
Agree with the ruling?
Hearing Date
Nov 2024
Order Date
Nov 27, 2024
Tenancy End Date
Feb 2025
The Tenant's motion to set aside the previous order is denied. The Tenant has a history of missing rent payments and breaching LTB orders, and the Tenant's explanation for missing the September 1 payment was not reasonable. The stay of the previous eviction order is lifted on February 28, 2025, giving the Tenant time to find a new place to live.
The Landlord applied for an order to terminate the tenancy and evict the Tenants because the Tenants did not meet a condition specified in a previous LTB order. The Tenants filed a motion to set aside the order.
Landlord provided evidence of a series of Board orders dating back to 2018, where the Tenant has missed rent payments and relied on the leniency of the Board to preserve the tenancy. Landlord submitted the Tenant is well aware that rent is due on the first day of the month, not the first business day of the month. Landlord further submitted that the Landlord withdrew the option of allowing preauthorized payments because the Tenant has consistently missed payments causing the Landlord to incur extra fees from the bank.
Tenant believes even though he paid the rent on the third day of the month, due to the bank closures, the Landlord received the funds on the first business day of the month so the outcome to the Landlord is the same. Tenant further submits, if the Landlord would have not withdrawn the option of taking pre-authorized payments from his account, the Tenant would have paid on time.
Tenant acknowledged paying the rent due September 1, 2024, on September 3, 2024. Tenant did not pay the rent on September 1, 2024, because he did not want to incur a $17.50 charge imposed by the Landlord's online payment processor.
Tenant has a history of missing rent payments and breaching LTB orders
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