Medallion Corporation v Ibbetson - LTB Ruling on Persistent Late Rent Payment and Tenant Harassment
Landlord wins eviction case against tenant who persistently paid rent late and sent threatening emails to staff
Summarized by RentZenLast updated: November 3, 2024
Case Summary
318 Harwood Avenue South, Ajax, ON L1S0G6
Decision in favor of
landlord
Balance Owed to Landlord
$201
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Sep 2023
Hearing Date
May 2024
Order Date
Jun 14, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent, the Tenant committing illegal acts, and the Tenant seriously impairing the safety of others in the residential complex.
Determinations
- Landlord served valid N8 Notice for persistent late payment of rent
- Tenant paid rent late 21 times in the past 25 months
- Tenant sent threatening and discriminatory emails to Landlord's employee
- Tenant's actions impaired the safety of the Landlord's employee
Case Study
The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy on the basis of persistent late payment of rent. The Tenant sent threatening and discriminatory emails to the Landlord's employee, which impaired her safety.
Arguments and Actions
Landlord
Arguments
The Landlord testified that the tenancy should not continue as the Tenant has confirmed that he cannot pay the rent as it falls due and has demonstrated that the rent will not be paid on time in the future.
Actions
The Landlord's witness, Robyn Blough, testified that she received a variety of threatening emails from the Tenant, which contained discriminatory and offensive language. Ms. Blough testified that she felt threatened, feared for her safety, and had to work from home for two weeks due to the incident.
Tenant
Arguments
The Tenant testified that he did not impair the Landlord's employee's safety, as he did not know what she looked like.
Actions
The Tenant testified that he was going through a tough time when he sent the emails, as he had lost his job, was off his medication, and his mother had passed away. The Tenant further testified that he stopped sending the emails as soon as he got better.
Aggravating Factors
The Tenant sent threatening and discriminatory emails to the Landlord's employee, which impaired her safety.
Decision Summary
The tenancy is terminated on July 15, 2024 due to the Tenant's persistent late payment of rent. The Tenant must move out by July 15, 2024 and pay the Landlord $201 for the application fee. If the Tenant does not vacate by July 15, 2024, the Landlord may file the order with the Sheriff for enforcement.
Reason for Eviction Relief
The Tenant testified about his financial difficulties due to personal circumstances, including losing his job, being off his medication, and his mother passing away. The Tenant further testified that he would not be able to find an alternative rental unit due to the rental prices and that he does not have the funds for first and last month's rent.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
10.0%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$201
Total Owing
$201 (Owed to Landlord)
Source
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