Peng and Xia v Beaudry

Landlord wins · Barrie · 2020-10-19

Adjudicator

Robert Patchett

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

Y.P., Q.X.

Tenant

J.B.

Landlord rep

Dawn Sun

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Tenant has not paid the rent in full by the first of the month 9 times in the last 12 months, but has made a concerted effort to pay the rent in full and on time since the Landlord's eviction application was filed.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenant pays the full monthly rent on or before the first day of each month, commencing November 2020 and for 11 months thereafter up to and including October 2021. If the Tenant fails to comply with this condition, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant is also ordered to pay the Landlord $175 for the cost of filing the application.