Last updated: March 30, 2025
Ordered by Colin Elsby,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Monterey Park Inc v Petrovic, 2025 ONLTB 24228
File Number: LTB-L-067058-24
Hearing Date
Jan 2025
Order Date
Mar 27, 2025
The Landlord's application is dismissed. The Tribunal found that the Landlord had fostered a practice of acquiescence to the Tenant's late payments for almost 8 years, and in the absence of some objection to the Tenant's payment methods prior to service of the N8 Notice, the application for persistent late payment must be dismissed. The Tribunal noted that the Landlord has now put the Tenant on notice that it will not tolerate late payment into the future.
Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Tenants disputed that they persistently paid rent late, claiming they believed they could pay rent whenever they wanted based on their lease terms.
Tenants relied on sections of their lease to support their position that they could pay rent whenever they wanted.
Tenants testified that they believed they could pay rent whenever they wanted based on their lease terms.
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