Miller v Cooper

Landlord wins · North Bay · 2022-01-20

Adjudicator

Terri van Huisstede

Dispute

Persistent late payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

J.M.

Tenant

P.C.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Tenant was served with an N8 notice on June 22, 2021 for late rent payments between December 2020 and June 2021. The Tenant testified that the change in property management caused confusion, but she has since gained full-time employment and has been paying rent on time since the N8 notice.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenant pays the rent as it becomes due on or before the first day of each month starting January 1, 2022 and continuing to the period ending December 31, 2022. The Tenant shall also pay the rent for November 2021 and December 2021 on or before January 31, 2022. If the Tenant fails to make any of these payments, the Landlord may apply to the Board for an order terminating the tenancy and evicting the Tenant. The Tenant is also ordered to pay the $186.00 filing fee to the Landlord.