Persistent Late Rent: Sherwood Holdings v Terziu 2024 LTB Case
Tenant avoids eviction by implementing automatic rent payments and demonstrating commitment to timely rent
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 25 Sherwood Ave, Toronto, ON M4P2A6
Dispute resolved in
agreement
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Hearing Date
Aug 2024
Order Date
Sep 9, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy due to persistent late rent payments between February 1, 2023 and January 1, 2024. Tenant acknowledged late payments but enrolled in direct withdrawal to resolve the issue.
Determinations
- Tenant persistently paid rent late
- Tenant enrolled in direct withdrawal
- Tenant paid rent on time since February 2024
- Conditional order issued
Arguments and Actions
Landlord
Actions
Requested termination of tenancy after tenant refused consent to pay on time order
Tenant
Arguments
Requested no eviction and a pay on time order, citing seven months of on-time payments
Actions
Enrolled in direct withdrawal of rent payments, acknowledged prior late payments
Decision Summary
Tenancy continues with a conditional order requiring rent to be paid in full and on time for one year. If conditions are not met, landlord can apply for eviction.
Reason for Eviction Relief
Tenant has taken steps to rectify late payment issues and has paid rent on time since February 2024
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
89.4%
Tenant Favorable
6.4%
Mutual Agreement
4.3%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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