Devamm Investments I lA Ltd v Mizan Eman
Split/Other wins · Toronto · 2021-03-29
- Adjudicator
- Randy Aulbrook
- Dispute
- Persistent Late Payment
- Notice
- Persistent late payment (N8)
- Amount
- <$5K
- Landlord
- Devamm Investments I lA Ltd
- Tenant
- M.E.
- Landlord rep
- David Rubin
- Tenant rep
- Dwight Taffe
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to meet a condition specified in a previous order. The Tenant filed a motion to set aside the order.
The ruling
The Tenant's motion to set aside Order TNL-29612-20, issued on January 20, 2021 is granted. Order TNL-29612-20, issued on January 20, 2021 is set aside. Order TNL-20425-19 issued on January 10, 2021 is cancelled and replaced with a new order. The Tenant shall pay the Landlord $1,370.53, the total amount owing representing rent arrears and costs owing from the previous order up to March 31, 2021 upon the following terms: On or before March 2, 2021 the sum of $1,195.65 the lawful rent for March 2021, and on or before March 5, 2021 the sum of $174.88 being the balance of the filing fee. The Tenant shall also promptly pay her current lawful monthly rent of $1,195.65 to the Landlord on or before the (1st) business day and for the next twelve (12) months commencing April 1, 2021 through to and including March 1, 2022. In the event that the Tenant fails to make any of the said payments in full and on time, by the dates as set out, the Landlord shall be entitled to apply to the Board, no later than 30 days after a breach of this Order, without notice to the Tenant, for an order terminating the tenancy and evicting the Tenant and for any arrears that have become due after the date of this Order, pursuant to Section 78 of the Residential Tenancies Act, 2006. The entire balance of the amount then outstanding shall become due and payable on the day following the date of default. The monies owing shall bear interest at the post-judgment interest rate determined under subsection 207(7) of the Act.