Last updated: August 16, 2024
Decision in favor of
Landlord
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Citation: Lerose v. Princess Apartments, 2022 ONSC 7
File Number: 20-241
Hearing Date
Dec 2021
Order Date
Jan 3, 2022
The Divisional Court dismissed the tenants' appeal of the LTB's decision to terminate the tenancy due to persistent late payment of rent. The court found no procedural unfairness or error in the LTB's exercise of discretion. The eviction order was upheld, with a 30-day stay from the release of the court's reasons.
The landlord sought to evict the tenants for persistent late payment of rent. The Landlord and Tenant Board (LTB) ordered the tenancy terminated. The tenants appealed the LTB's decision to the Divisional Court, arguing lack of procedural fairness and error in the LTB's exercise of discretion to refuse relief from eviction.
The landlord argued that the tenants' persistent late payment of rent justified termination of the tenancy, despite previous opportunities given to the tenants to correct their behavior.
The landlord provided evidence of the tenants' late rent payments for 14 consecutive months prior to the eviction application.
The tenants argued lack of procedural fairness in the LTB proceedings and that the LTB erred in exercising its discretion to refuse relief from eviction under s.83(2) of the Residential Tenancies Act.
The tenants had a history of at least seven applications against them for non-payment of rent between November 2013 and March 2019. They had been subject to previous prompt payment orders and agreements but continued to pay rent late.
Persistent late payment of rent over an extended period, multiple prior LTB proceedings for non-payment of rent
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