Borenstein v Richards

Split/Other wins · Toronto · 2025-10-28

Adjudicator

Carrie Bertrand

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

W.B., S.B.

Tenant

A.R.

Landlord rep

Emily Goodfellow

What happened

The Landlords applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent. The Tenant was absent from the hearing. Evidence showed that the Tenant had paid rent late 11 times out of a 17-month period, typically between 2 and 10 days late. However, the Landlords' agent acknowledged that since the N8 notice was served, the Tenant had paid rent in full and on time for the subsequent four months (July through October 2025).

The ruling

The LTB denied the Landlords' request for immediate eviction and instead issued a 'pay-on-time' order. The tenancy continues as long as the Tenant pays rent on or before the first day of each month from November 2025 to October 2026. If the Tenant fails to pay on time, the Landlords may apply for an ex parte eviction order. The Tenant is also ordered to pay $186.00 to reimburse the Landlords for the application filing fee by November 11, 2025.