Goldmar Property Management v Peach

Split/Other wins · Windsor · 2023-01-13

Adjudicator

Lynn Mitchell

Dispute

Persistent late payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

Goldmar Property Management

Tenant

A.S., K.P.

Landlord rep

T. Currie

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.

The ruling

The Tenants shall pay the full monthly rent on or before the first day of each month for 12 months, commencing February 1, 2023 through January 1, 2024. The Tenants shall also pay the Landlord $186.00 for the Landlord's application filing fee on or before January 24, 2023, failing which the Tenants shall owe interest on the amount owing at the annual rate of 5.0% from January 24, 2023 to the date the amount is paid. If the Tenants fail to make any of the payments, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the 'Act'), within 30 days of the breach, without notice to the Tenant, for an order terminating the tenancy and evicting the Tenant; and requiring that the Tenant pay any new arrears and NSF fees and related charges that become owing after January 9, 2023.