Landlord Wins Non-payment and Persistent Late Payment Case: Mantler Management Ltd v Pecoraro 2024
Richmond Hill tenant evicted for non-payment and persistent late payment, owes $20232 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 60 Laverock Ave, Richmond Hill, ON L4C4J6
Decision in favor of
landlord
Balance Owed to Landlord
$20,232
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Apr 2023
Hearing Date
Jan 2024
Order Date
Mar 5, 2024
Tenancy End Date
Mar 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent and persistent late payment of rent. The Landlord served the Tenant with a valid N4 Notice and N8 Notice, 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 hearing date
- Lawful rent is $1,659 per month
- Tenant has not made any payments since application filed
- Rent arrears owing to January 31, 2024 are $16,728
- Landlord incurred $186 in application filing fees
- No last month's rent deposit
- Unfair to grant relief from eviction
Arguments and Actions
Tenant
Actions
Tenant was out of work in February 2023 due to medical issues, but started working again in December 2023. Tenant estimated he may be able to pay $800-$1,000 towards arrears each month, which would take over a year to repay the full amount.
Decision Summary
The tenancy is terminated unless the Tenant pays $20,232 to void the order by March 16, 2024. If the Tenant does not pay, the Tenant must move out by March 16, 2024 and pay the Landlord $15,745.86 plus daily compensation of $54.54 per day until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
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Financial Details
Lawful Rent
$1,659
Rent Arrears
$16,728
Application Fee
$186
Total Owing
$20,232 (Owed to Landlord)
Source
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