CHEUNG v Dunn
Landlord wins · Markham · 2025-07-09
- Adjudicator
- Benjamin Seigel
- Dispute
- Non-payment of Rent, Persistent Late Payment
- Notice
- Non-payment of rent (N4), Persistent late payment (N8)
- Amount
- $10-20K
- Landlord
- H.C., H.K.A.K.A.E.C.
- Tenant
- R.D.
- Landlord rep
- Jhessey Santos
What happened
The Landlords applied to terminate the tenancy and evict the Tenant due to substantial rent arrears and a history of late payments. The Tenant failed to appear at the hearing. While the Board found the non-payment claim justified due to over $18,000 in arrears, the application for persistent late payment was dismissed because the frequency of late payments (4 out of 11 months) before the total cessation of payment was deemed insufficient.
The ruling
The tenancy is terminated effective July 20, 2025, unless the Tenant voids the order by paying $19,072.00 by that date. If the Tenant does not void the order, they must vacate the unit and pay the Landlord $14,165.85, representing arrears after applying the security deposit and interest, plus daily compensation of $88.70 until they move out.