Morguard NAR Canada Limited Partnership v Butt - LTB Ruling on Persistent Late Rent Payments
Toronto landlord successfully evicts tenant for repeatedly paying rent late
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 43 Thorncliffe Park Dr, Toronto, ON M4H1J4
Decision in favor of
landlord
Balance Owed to Tenant
-$1,556
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Jan 2024
Order Date
Feb 15, 2024
Tenancy End Date
Feb 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord served a valid N8 notice with a termination date of July 31, 2023, alleging the Tenant paid rent late 11 out of the 12 past months.
Determinations
- Landlord proven grounds for termination
- Tenant in possession on application date
- Landlord served valid N8 notice
- Tenant paid rent late 11 out of 12 months
- Tenant failed to rectify issue after notice
Arguments and Actions
Tenant
Actions
Tenant was late paying rent 11 out of 12 months, despite Landlord serving N4s and sending letters.
Decision Summary
The tenancy is terminated effective February 26, 2024. The Tenant must vacate the unit by this date. If the Tenant does not vacate, the Landlord can file the order with the Sheriff to enforce the eviction. The Tenant must pay the Landlord $55.36 per day for use of the unit starting January 30, 2024 until the Tenant moves out, as well as the $186 application fee. The Landlord owes the Tenant $1,756.46 for the rent deposit and interest, which will be deducted from the amount the Tenant owes.
Adjudicator Details
LTB Member
Total Orders
37
Landlord Favorable
89.2%
Tenant Favorable
10.8%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$186
Rent Deposit
$1,710
Deposit Interest
$46
Total Owing
-$1,556 (Owed to Tenant)
Source
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