Landlord Wins Persistent Late Payment Case: Nguyen v Tshibuabua 2024
Toronto tenants face eviction for persistent late rent payments, ordered to pay $186 in filing fees
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 4K Spadina Ave, Toronto, ON M5V3Y9
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
May 2024
Order Date
Jul 17, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenants have been persistently late in paying the Tenants' rent. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.
Determinations
- Landlord served valid N8 Notice
- Tenants paid rent late 11 times in 11 months
- Tenants paid rent late 17 times in 18 months
- Tenants did not pay rent for Feb, Mar, Apr, May 2024
- Landlord incurred $186 application filing fee
Arguments and Actions
Landlord
Arguments
Landlord requested termination of tenancy.
Actions
Landlord submitted Tenants paid rent late 17 times in 18 months. Landlord has own expenses like condo fees and legal fees to recover rent owed.
Tenant
Arguments
Tenant requested not to terminate tenancy and be given opportunity to pay rent on time each month.
Actions
Tenant testified he has been struggling with jobs and daycare issues, but expects to pay rent on time going forward. Did not provide supporting documents.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenants due to persistent late payment of rent is granted. The Tenants must vacate the unit by July 31, 2024. If they do not, the Landlord can file the order with the Sheriff for enforcement. The Tenants must also pay the Landlord $186 for the application filing fee. If the Tenants do not pay the full amount by July 31, 2024, they will owe interest at 7% annually on the outstanding balance starting August 1, 2024.
Reason for Eviction Relief
Provide Tenant with extra time to find new place to live
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
83.9%
Tenant Favorable
9.7%
Mutual Agreement
6.5%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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