Landlord Wins Persistent Late Payment Case: Singh v Wimalanath 2024
Brampton tenants face eviction for persistent late payment, owe $10910 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
97 Crown Victoria Dr, Brampton, ON L7A3X6
Decision in favor of
landlord
Balance Owed to Landlord
$10,910
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Apr 19, 2024
Tenancy End Date
Apr 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 alleging the Tenants paid rent late 5 out of 8 months between July 2022 and February 2023. The Tenants continued to pay rent late after the N8 notice was served.
Determinations
- Landlord served valid N8 notice
- Tenants persistently paid rent late
- Tenants in possession on application date
Arguments and Actions
Tenant
Actions
Tenants paid rent late on multiple occasions after receiving N8 notice.
Aggravating Factors
Persistent late payment of rent
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective April 30, 2024. The Tenants must vacate the unit by this date. If they do not, the Landlord can file the order with the Sheriff to enforce the eviction. The Tenants owe the Landlord $10,910.33, which includes rent arrears, daily compensation, and the application fee, minus the rent deposit and interest. If the Tenants do not pay the full amount by April 30, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
5
Landlord Favorable
60.0%
Tenant Favorable
20.0%
Mutual Agreement
20.0%
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Financial Details
Lawful Rent
$3,500
Rent Arrears
$10,910
Application Fee
$186
Rent Deposit
$3,500
Deposit Interest
$44
Total Owing
$10,910 (Owed to Landlord)
Source
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