Investments v Mcmillan - Landlord Wins Persistent Late Payment Case
Landlord wins case against London tenants for persistent late rent payments, tenancy terminated
Summarized by RentZenLast updated: October 13, 2024
Case Summary
290 Ashland Ave, London, ON N5W5P7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2024
Order Date
Sep 3, 2024
Tenancy End Date
Sep 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 of termination, and the evidence showed the Tenants had paid rent late 10 times in the past 15 months.
Determinations
- Landlord served valid N8 notice
- Tenants persistently paid rent late
- Tenants in possession on application date
- Landlord incurred $186 in filing costs
- Landlord holds $975 rent deposit with $86.91 interest
Arguments and Actions
Landlord
Actions
The Landlord's witness testified that no rent has been paid since service of the notice but further clarified that he believes the Tenants have tried to pay rent, but the Landlord has not accepted the rent payments.
Aggravating Factors
The Landlord intentionally refused to accept rent payments from the Tenants, which is unreasonable and unfair.
Tenant
Actions
The Tenants asserted they tried to make rent payments, but the payments were not deposited by the Landlord.
Decision Summary
The tenancy is terminated, and the Tenants must vacate the rental unit by September 30, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenants must pay the Landlord $34.83 per day for use of the unit from August 15, 2024 until they move out, as well as the $186 application filing fee. The Landlord owes the Tenants $1,061.91 for the rent deposit and interest.
Reason for Eviction Relief
The Landlord has refused to accept the Tenant's rent, so it is unclear whether the Tenants have made efforts to correct the late payment issue. Accordingly, the eviction is postponed until September 30, 2024.
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
89.4%
Tenant Favorable
6.4%
Mutual Agreement
4.3%
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Financial Details
Application Fee
$186
Rent Deposit
$975
Deposit Interest
$87
Source
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