Pasinelli v Donio

Last updated: January 12, 2025

Order

Ordered by Kevin O'Brien,Tribunals Ontario  under Section 69, Residential Tenancies Act, 2006

Order Date: September 6, 2024
Unit ***, 227 Banning Street, Thunder Bay, ON P7B3J2
Uncontested Dispute

Decision in favor of

Landlord

Ordered Amount

$5,691

to Landlord

Dispute Categories

Notices Sent

Persistent late payment (N8)

Subsections of RTA Quoted

83(1)83(2)
ContentionHigh

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Citation: Pasinelli v Donio, 2024 ONLTB 65089

File Number: LTB-L-033268-23

Timeline

Application Date

Jun 2023

6 months

Hearing Date

Dec 2023

9 months

Order Date

Sep 6, 2024

10 days

Tenancy End Date

Sep 2024

Decision

The Landlords' application to terminate the tenancy and evict the Tenant due to persistent late payment of rent was granted. The Tenant must vacate the rental unit by September 16, 2024. The Tenant owes the Landlords $5,691.31, which includes compensation for use of the unit, filing fees, and the rent deposit and interest, minus any payments already made.

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Landlord

Representative | Paralegal

Tenant

Dispute

Landlords applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent. The Landlords served a valid N8 notice of termination on the Tenant, alleging that the Tenant had paid rent late 5 times in the 12-month period between April 2022 and March 2023. The Tenant was not present at the hearing.

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Determinations

  • Landlords served valid N8 notice
  • Tenant persistently late in paying rent
  • Tenant failed to pay rent on time in 11 of the past 20 months
  • Tenant in possession on application date
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Landlord's Arguments

Tenant's Arguments

Actions and Evidence

Tenant failed to pay rent on time in 11 of the past 20 months.

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Financial Details

Lawful Rent

$1,036

Application Fee

$186

Rent Deposit

$1,005

Deposit Interest

$97

Ordered Amount

$5,691 (to Landlord)

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