Direct Properties Inc v Barakzay

Split/Other wins · Toronto · 2022-02-23

Adjudicator

Dana Wren

Dispute

Persistent late payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

Direct Properties Inc C/o Grant Mgt

Tenant

M.B., T.B.

Landlord rep

Jana Komisar, Jeff Shabes

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The application was filed after serving a valid N8 Notice, which indicated the Tenants had been late in paying rent for 16 months in a row. At the hearing, the Landlord's representatives stated they were not seeking termination as the Tenants had been making an effort to pay the rent, and instead sought a 'pay on time' order.

The ruling

The Tenants are ordered to pay the lawful monthly rent on or before the first of every month from January 2022 to December 2022. The Tenants are also ordered to pay the Landlord $186.00 for the application filing fee by January 1, 2022. If the Tenants fail to make any of the required payments, the Landlord may apply for an order terminating and evicting the Tenants without further notice.