Capreit Limited Partnership v Zoubir and Harafi

Split/Other wins · Mississauga · 2021-04-06

Adjudicator

Douglas Wilkins

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

Capreit Limited Partnership

Tenant

A.Y.Z., I.H.

Landlord rep

Gabriela Quaresma

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Tenants were not present at the hearing, but the Landlord's representative provided evidence that the Tenants had paid rent late every month in 2019 and 2020 until a significant payment was made in February 2021.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenants pay the full monthly rent on or before the first day of each month for the period May 1, 2021 to April 30, 2022. If the Tenants fail to comply with this condition, the Landlord may apply for an order terminating the tenancy and evicting the Tenants within 30 days of the breach. The Tenants are also ordered to pay the Landlord $190 for the cost of filing the application.