Attar v O'brien

Landlord wins · Toronto · 2021-04-19

Adjudicator

Diane Wade

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

D.A.

Tenant

S.A.O.

Landlord rep

David Ciobotaru

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord served a valid N8 Notice of Eviction on the Tenant on May 4, 2020, which showed the Tenant was late paying rent 9 months out of a 15-month period from March 2019 to May 2020.

The ruling

The Tenant shall pay the lawful rent to the Landlord in full and on time for the period May 1, 2021 through April 1, 2022. If the Tenant fails to make any payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant within 30 days of a breach. The Tenant shall also pay the Landlord $175.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by May 1, 2021, the Tenant will start to owe simple interest at 2.00% annually on the outstanding balance.