Landlord Wins Persistent Late Payment Case: Sy Sapphire v Smith 2024
Windsor tenant faces eviction for persistent late payment of rent, owes $7361 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 2565 Lauzon Road, Windsor, ON N8T2Z5
Decision in favor of
landlord
Balance Owed to Landlord
$7,361
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Oct 2023
Hearing Date
Apr 2024
Order Date
Jul 5, 2024
Tenancy End Date
Jul 2024
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 valid N4 and N8 notices, which the Tenant did not void.
Determinations
- Tenant vacated the rental unit prior to the application filing date
- Landlord served valid N4 and N8 notices
- Tenant did not void the notices
- Tenant was in possession on the application filing date
- Lawful rent is $1,025 per month, due on the 1st
- Tenant has not made any payments since the application was filed
- Rent arrears from October 1, 2023 to April 30, 2024 is $7,175
- Landlord incurred $186 in application filing fees
- No last month's rent deposit
- Landlord withdrew the N4 eviction portion of the L1 application
- Landlord converted the L1 application to an L9 for arrears only
- Tenant does not dispute the arrears
- Landlord proved grounds for termination of tenancy under N8 notice
- Tenant's circumstances do not warrant a conditional order
Case Study
The Board has no jurisdiction to issue an order on the formerly named tenant Sam Ogley as he was not in possession of the rental unit on the date the application was filed. The Landlord's L1 application for rent arrears is granted, and the Landlord's L2 application for termination of the tenancy based on persistent late payment of rent is also granted. The Board considered the Tenant's circumstances under section 83 of the Act but did not find a conditional order appropriate.
Arguments and Actions
Tenant
Actions
Tenant submitted she has a 6-year-old son and has no family in the immediate area and nowhere to go if evicted.
Decision Summary
The Board granted the Landlord's L1 application for rent arrears of $7,175 and the L2 application for termination of the tenancy based on persistent late payment of rent. The Board considered the Tenant's circumstances under section 83 but did not find a conditional order appropriate. The tenancy is terminated effective July 31, 2024, and the Tenant must pay the arrears by that date or face eviction.
Reason for Eviction Relief
To allow the Tenant's son to finish the school year and provide the Tenant additional time to find alternative housing
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,025
Rent Arrears
$7,175
Application Fee
$186
Total Owing
$7,361 (Owed to Landlord)
Source
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