Investments ltd. v Khendry - Landlord Wins Persistent Late Payment Case
Landlord granted eviction and $16816 judgment against Toronto tenant for persistent late rent payments
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 2500 Bathurst St, Toronto, ON M6B2Y8
Decision in favor of
landlord
Balance Owed to Landlord
$16,816
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jun 2023
Hearing Date
Jan 2024
Order Date
Feb 12, 2024
Tenancy End Date
Feb 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent. The Landlord served a valid N8 notice on the Tenant, but the Tenant did not respond or pay the outstanding rent.
Determinations
- Landlord served valid N8 notice
- Tenant persistently paid rent late from March 2022 to March 2023
- Tenant in possession on application date
- Rent due on 1st of each month
- Tenant owes $18,997.02 in daily compensation
- Landlord entitled to $186 application fee
- Tenant's rent deposit of $2,366.82 to be applied to last month's rent
Arguments and Actions
Landlord
Actions
Landlord communicated with Tenant regarding late payments and sent numerous letters asking for a payment plan, but Tenant did not respond.
Tenant
Actions
Tenant has persistently paid rent late from March 2022 to March 2023.
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective February 23, 2024, and the Tenant must vacate the rental unit by that date. The Tenant owes the Landlord $16,816.20, which includes rent arrears, daily compensation, and the application fee, minus the rent deposit. If the Tenant does not pay the full amount by February 23, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
190
Landlord Favorable
93.2%
Tenant Favorable
4.2%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$2,428
Rent Arrears
$18,997
Application Fee
$186
Rent Deposit
$2,367
Total Owing
$16,816 (Owed to Landlord)
Source
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