Rahman v Tran
Landlord wins · Brampton · 2021-04-19
- Adjudicator
- Egya Sangmuah
- Dispute
- Non-payment of Rent, Persistent Late Payment
- Notice
- Non-payment of rent (N4), Persistent late payment (N8)
- Amount
- >$20K
- Landlord
- M.R.
- Tenant
- L.T.
- Landlord rep
- S. Kapoor
- Tenant rep
- P. Balatides
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Tenant did not contest the arrears and acknowledged being persistently late in paying rent. The Tenant argued the notices of termination were defective because the rent was due on the last day of the month, not the first. The Landlord submitted they signed a new lease in 2019 that changed the rent due date to the first of the month.
The ruling
The tenancy is terminated effective April 30, 2021. The Tenant must pay the Landlord $25,145.64 in rent arrears and compensation, plus $56.55 per day starting April 20, 2021 until the Tenant vacates. If the Tenant pays $26,001 on or before April 30, 2021, the eviction order will be void and the tenancy will continue.