Malfara v Subero

Split/Other wins · Newmarket · 2022-01-24

Adjudicator

Greg Joy

Dispute

Persistent late payment

Notice

Persistent late payment (N8)

Landlord

D.M., M.M.

Tenant

J.L., J.S., C.S.

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Tenants had lived in the rental unit since 2012 and were late paying rent due to circumstances, but submitted they could pay rent on time going forward.

The ruling

The Tenants shall pay the lawful rent in full and on time for each consecutive month commencing February 2022 and continuing through January 2024. If the Tenants fail to make the conditions, the Landlord shall be entitled to apply to the Board for an order terminating the tenancy and evicting the Tenants.