Landlord Wins Persistent Late Payment Case: PREMJI v MAHON 2023
Oshawa tenant ordered to pay $5927 or face eviction for persistent late rent payments
Summarized by RentZenLast updated: September 12, 2024
Case Summary
67 McMillan Drive, Oshawa, ON L1G3Z7
Decision in favor of
landlord
Balance Owed to Landlord
$5,927
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Aug 8, 2023
Tenancy End Date
Aug 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Tenant has persistently failed to pay rent on due date
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession at hearing date
- Lawful rent is $1,431.47 due on 1st of each month
- Tenant paid $24,840 to Landlord since application filed
- Rent arrears owing to June 30, 2023 are $2,862.14
- Landlord incurred $201 in application filing fees
Case Study
The Tenant has persistently failed to pay rent on the due date. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Decision Summary
The tenancy is terminated unless the Tenant pays $5,926.88 to void the order by August 31, 2023. If the Tenant does not void the order, the Tenant must pay $1,530.91 to the Landlord and vacate the unit by August 31, 2023. The Tenant will also owe daily compensation of $47.06 for each day of occupation starting June 29, 2023.
Reason for Eviction Relief
It would not be unfair to postpone the eviction until August 31, 2023 or grant relief from eviction subject to the conditions set out in this order
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
90.2%
Tenant Favorable
4.8%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$1,431
Rent Arrears
$2,862
Application Fee
$201
Rent Deposit
$1,380
Deposit Interest
$39
Total Owing
$5,927 (Owed to Landlord)
Source
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