Qi v O'rourke - Landlord Granted Relief from Eviction for Persistent Late Rent Payments
Landlord granted relief from eviction, with conditions, in Hamilton persistent late rent case
Summarized by RentZenLast updated: October 13, 2024
Case Summary
11 Harold St, Hamilton, ON L8S2R7
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Jan 2024
Order Date
Feb 7, 2024
Tenancy End Date
Oct 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord served a valid N8 notice on the Tenants, alleging they had paid rent late 25 out of 25 months from April 2021 to April 2023.
Determinations
- Tenants persistently paid rent late
- Landlord made efforts to remind Tenants rent was due on 1st
- No agreement for bi-weekly rent payments
- Rent paid on time since July 2023 due to Interim Order
Arguments and Actions
Landlord
Arguments
Landlord has no faith in Tenants paying arrears and rent on time going forward
Aggravating Factors
Landlord is a small landlord with only this rental property as income, and cannot cover mortgage when rent is not paid on time
Tenant
Actions
Tenants have two children ages 10 and 15 that permanently live with them, and two children ages 15 and 18 that stay with them part-time.
Decision Summary
The Landlord's application was granted, but the Tenants were granted relief from eviction subject to conditions. The Tenants must pay rent on time for the next 12 months, and if they fail to do so, the Landlord can pursue eviction without notice. The Tenants were also ordered to pay the Landlord's application filing fee of $186.
Reason for Eviction Relief
Tenants have been paying rent on time since July 2023 and complied with previous Interim Order
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
87.1%
Tenant Favorable
9.7%
Mutual Agreement
3.2%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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