Graci v Mohamed

Landlord wins · Kitchener · 2025-04-24

Adjudicator

Kate Sinipostolova

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

<$5K

Landlord

A.G.

Tenant

S.M.

Landlord rep

Timothy Ellis

What happened

The Landlord applied to terminate the tenancy based on non-payment of rent and persistent late payment. The Tenant had a history of late payments, though some were dismissed due to res judicata or compliance with previous orders. The Tenant fell into significant arrears after losing employment and requested relief from eviction via a payment plan. The Landlord opposed this, citing a need for rental income to cover building expenses and the lack of viability of the tenancy given the Tenant's financial situation.

The ruling

The tenancy is terminated effective May 31, 2025, unless the Tenant voids the order by paying the full amount owing ($4,966.00 if paid by April 30, or $5,922.00 if paid by May 31). The Landlord's application for persistent late payment was dismissed. The Tenant is ordered to pay $4,230.01 for arrears up to the hearing date and filing fees, plus daily compensation of $31.43 until they vacate. Eviction is postponed to May 31, 2025, due to the Tenant's financial hardship.