Metcap Living Management Inc. v Koftinow - LTB Ruling on Persistent Late Rent Payment
Toronto landlord denied eviction for persistent late rent, granted conditional order to preserve tenancy
Summarized by RentZenLast updated: September 12, 2024
Case Summary
77 Pembroke St, Toronto, ON M5A2N9
Dispute resolved in
agreement
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2023
Order Date
Oct 3, 2023
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 of Termination alleging the Tenant paid rent late 5 out of 9 months. The Tenant was in possession of the rental unit on the application date.
Determinations
- Landlord served valid N8 Notice
- Tenant persistently paid rent late
- Tenant in possession on application date
- Monthly rent is $1,011.23, due on 1st
- Landlord incurred $186 application fee
Case Study
The Tenant persistently paid rent late, even though he was confused about the amount owed due to conflicting information from the Landlord. The Landlord's obligations under the Act were not seriously or ongoingly breached, so discretionary relief from eviction is appropriate.
Arguments and Actions
Landlord
Arguments
Landlord argued tenancy is no longer viable and sought termination, but Board granted conditional order to preserve tenancy.
Tenant
Arguments
Tenant argued Landlord breached obligations under the Act, but Board found these issues were not serious or ongoing breaches.
Actions
Tenant was unable to pay rent on time due to confusion over amount owed due to conflicting information from Landlord.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenant pays the monthly rent on time for 12 months. If the Tenant fails to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant must also pay the Landlord's $186 application fee.
Reason for Eviction Relief
The Tenant has not made any payments on time since service of the notice, but he submitted that he can pay on time once an amount is established for the arrears and he knows what needs to be paid. Considering all the circumstances, it would not be unfair to impose a conditional order that the rent be paid on time for 12 months.
Adjudicator Details
LTB Member
Total Orders
70
Landlord Favorable
74.3%
Tenant Favorable
17.1%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$1,011
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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