Landlord Wins Persistent Late Payment Case: Mitusinski v Dass 2023
Toronto tenant evicted for persistent late rent payments, owes $201 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 99 Harbour Square, Toronto, ON M5J2S2
Decision in favor of
landlord
Balance Owed to Landlord
$201
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2022
Hearing Date
Jun 2023
Order Date
Jul 21, 2023
Tenancy End Date
Aug 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 on the Tenant, alleging the Tenant paid rent late 9 times in 9 months.
Determinations
- Landlord served valid N8 Notice
- Tenant persistently paid rent late
- Tenant in possession on application date
- Tenant must vacate by August 1, 2023
- Landlord entitled to $201 application fee
- Rent deposit to be applied to July 2023 rent
Case Study
The Landlord proved on a balance of probabilities that the Tenant persistently failed to pay rent on the due date. The N8 notice was valid and provided sufficient details. The Tenant did not provide evidence of ability to pay or reasons for relief from eviction.
Arguments and Actions
Tenant
Actions
Tenant alleged injuries from a car accident but did not provide medical records.
Decision Summary
The tenancy is terminated and the Tenant must vacate the rental unit by August 1, 2023. The Tenant must pay the Landlord $201 for the application fee. The Tenant's rent deposit will be applied to the July 2023 rent.
Adjudicator Details
LTB Member
Total Orders
57
Landlord Favorable
82.5%
Tenant Favorable
7.0%
Mutual Agreement
10.5%
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Financial Details
Application Fee
$201
Rent Deposit
$1,900
Total Owing
$201 (Owed to Landlord)
Source
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