Thandi v Carbajal - Landlord Wins Persistent Late Payment Case
Burlington landlord wins persistent late payment case, tenant granted conditional relief from eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
3137 Walker's Line, Burlington, ON L7M0E1
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Oct 3, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent. The Landlord served a valid N8 notice on the Tenant.
Determinations
- Tenant was in possession on application date
- Landlord served valid N8 notice
- Tenant persistently failed to pay rent on time for 9 out of 17 months
- Tenant has been paying rent on time since September 2022, except January 2023
Case Study
The Landlord is entitled to pursue a remedy for late payments under the Residential Tenancies Act, 2006, even if the Landlord had previously pursued an L1 application for the same period. The Tenant persistently failed to pay rent on time for 9 out of 17 months, which constitutes grounds for termination under the Act. However, considering the Tenant's recent timely payments and personal circumstances, it would not be unfair to grant relief from eviction subject to conditions.
Arguments and Actions
Landlord
Arguments
The Landlord's legal representative submits that not paying rent constitutes paying rent late.
Tenant
Arguments
The Tenant's legal representative made submissions regarding non-payment versus late payment and argued that the alleged late payments on the N8 notice are in fact non-payments for which the Landlord served an N4 and received remedy based on an L1 application and subsequent order.
Decision Summary
The tenancy between the Landlord and the Tenant will continue if the Tenant pays the rent on time from November 1, 2023 to April 1, 2024. If the Tenant fails to comply with this condition, the Landlord may apply to terminate the tenancy and evict the Tenant. The Tenant must also pay the Landlord $186 for the cost of filing the application.
Reason for Eviction Relief
Tenant has been paying rent on time consistently since September 2022, with the exception of January 2023. The Tenant testified that she experienced issues with child support which have been resolved, and she is able to continue making rent payments on time.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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