20 Stonehill Inc v Beverley Dwyer

Split/Other wins · Toronto · 2021-04-28

Adjudicator

Kathleen Wells

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

20 Stonehill Inc

Tenant

B.D.

Landlord rep

Sharon Harris

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.

The ruling

The Landlord's application for eviction of the Tenant is denied on the condition that: 1) The Tenant shall pay the full monthly rent on or before the first day of each month, commencing May 1, 2021 and for 11 months thereafter up to and including April 1, 2022. 2) If the Tenant fails to comply with the conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant within 30 days of the breach. 3) The Tenant shall also pay the Landlord $175.00 for the cost of filing the application on or before May 1, 2021. 4) If the Tenant does not pay the full amount owing on or before May 9, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding.