Premax Management Limited v Gowthaman - LTB Ruling on Non-payment and Persistent Late Payment
Landlord granted eviction against Scarborough tenant for non-payment and persistent late payment of rent
Summarized by RentZenLast updated: October 13, 2024
Case Summary
3400 Eglinton Ave E, Scarborough, ON M1J2H8
Decision in favor of
landlord
Balance Owed to Landlord
$9,373
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Dec 2023
Order Date
Jan 22, 2024
Tenancy End Date
Feb 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, and the Tenant did not void the notices by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,254.48 per month
- Tenant paid $10,300 since application filed
- Rent arrears owing to 2023-12-31 are $7,932.32
- Landlord incurred $186 application filing fee
- Landlord holds $1,125 rent deposit with $137.31 interest
- Landlord served valid N8 Notice
- Tenant persistently paid rent late 20 times in 21 months
Arguments and Actions
Landlord
Actions
Landlord attempted to negotiate repayment agreements with Tenant but they were unable to reach a resolution.
Tenant
Actions
Tenant was late paying rent 20 times in the past 21 months.
Decision Summary
Unless the Tenant voids the order by paying $9,372.80 by January 31, 2024 or $10,627.28 by February 2, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay $5,890.21 to the Landlord and vacate the unit by February 2, 2024. If the unit is not vacated, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
73
Landlord Favorable
87.7%
Tenant Favorable
1.4%
Mutual Agreement
11.0%
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Financial Details
Lawful Rent
$1,254
Rent Arrears
$19,487
Application Fee
$186
Rent Deposit
$1,125
Deposit Interest
$137
Total Owing
$9,373 (Owed to Landlord)
Source
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