Victoria Wood (Main Square) Inc c/o Realstar Management Partnership v Parikh - LTB Case Study
Toronto landlord wins eviction case against tenants for persistent late rent payments
Summarized by RentZenLast updated: October 13, 2024
Case Summary
265 Main St, Toronto, ON M4C4X3
Decision in favor of
landlord
Balance Owed to Landlord
$8,788
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2024
Order Date
Apr 24, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants due to persistent late payment of rent. The Landlord served a valid N8 notice of termination, alleging the Tenants paid rent late 12 times between June 2022 and May 2023. The Tenants testified that due to job loss and medical issues, they were unable to pay rent on the first of the month and had to pay on the 15th instead. However, the Landlord stated the Tenants continued to pay rent late or not at all even after the N8 notice was served.
Determinations
- Landlord served valid N8 notice
- Tenants persistently late in paying rent
- Tenants in possession on application date
- Tenants cannot afford monthly rent
Arguments and Actions
Landlord
Arguments
Landlord requested termination of the tenancy due to the Tenants' persistent late payment of rent.
Actions
Landlord stated that the Tenants continued to pay rent late or not at all even after the N8 notice was served.
Tenant
Arguments
Tenants argued that eviction would be difficult as they have a 20-month-old son and requested 4-5 months to vacate the unit.
Actions
Tenants testified that due to job loss and medical issues, they were unable to pay rent on the first of the month and had to pay on the 15th instead.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenants due to persistent late payment of rent is granted. The tenancy will terminate on May 31, 2024. If the Tenants do not vacate by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenants must pay the Landlord $186 for the application filing fee.
Adjudicator Details
LTB Member
Total Orders
89
Landlord Favorable
94.4%
Tenant Favorable
2.3%
Mutual Agreement
3.4%
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Financial Details
Rent Arrears
$8,602
Application Fee
$186
Total Owing
$8,788 (Owed to Landlord)
Source
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