Berber v Twitty

Split/Other wins · Belleville · 2022-01-26

Adjudicator

Diane Wade

Dispute

Persistent late payment, Damages

Notice

Persistent late payment (N8)

Amount

$5-10K

Landlord

H.B.

Tenant

K.T.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late rent payments and alleged undue damage to the premises. 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 is denied on the condition that the Tenant pay the arrears of $6,591 by January 28, 2022. If the Tenant pays the full amount by the required date, the tenancy is preserved on the condition that the Tenant pay the lawful rent in full and on time for the period February 1, 2022 through January 1, 2023. If the Tenant fails to make any payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.