Shelter Canadian Properties Limited v Thomson

Landlord wins · Thunder Bay · 2022-09-26

Adjudicator

Kelly Delaney

Dispute

Persistent late payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

Shelter Canadian Properties Limited

Tenant

T.T.

Landlord rep

Renee Marion

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord served a valid N8 notice of termination, and the evidence showed the Tenant had been late in paying rent 38 times in the past 38 months.

The ruling

The tenancy is terminated, and the Tenant must move out by November 30, 2022. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Landlord owes the Tenant $1,080.64 for the rent deposit and interest, but the Landlord may deduct $40.70 per day for compensation for the Tenant's use of the unit from September 27, 2022 until the Tenant moves out.