Coal Harbour Properties LLP v Barrientos

Landlord wins · Toronto · 2023-01-24

Adjudicator

Susan Priest

Dispute

Persistent late payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

Coal Harbour Properties LLP

Tenant

T.B.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord served an N8 notice on February 4, 2022, citing 13 late payments in the past 13 months. The Landlord ultimately sought a conditional order rather than eviction.

The ruling

The Landlord's application for eviction is denied, but a conditional order is issued. The Tenant must pay full monthly rent on or before the first day of each month for 12 months, starting February 1, 2023. If the Tenant breaches this condition, the Landlord may apply for eviction within 30 days of the breach. The Tenant must also pay the Landlord $186.00 for the application filing cost.