Bhattachan v Ahmed, Jawad

Split/Other wins · Kitchener · 2021-03-11

Adjudicator

Randy Aulbrook

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

<$5K

Landlord

P.B.

Tenant

S.A., Z.J.

Landlord rep

Eric Schroeder

Tenant rep

Safi Ahmed

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to rent arrears and persistent late payment of rent. The Tenants had paid all outstanding rent and the application fee prior to the hearing, so the L1 application was discontinued. The L2 application for persistent late payment was allowed to proceed.

The ruling

The Landlord's L1 application for eviction based on rent arrears is discontinued as the Tenants paid all outstanding rent and the application fee prior to the hearing. The L2 application for persistent late payment is allowed to proceed. The Tenants are ordered to pay the lawful monthly rent on time for the next 12 months, and to pay the $190 application fee by April 15, 2021. If the Tenants fail to make any of these payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.