HNRG Inc v Chambers

Landlord wins · Guelph · 2025-03-31

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (L2), Termination for renovation (N13)

Landlord

HNRG Inc

Tenant

C.C.

Landlord rep

Paul Cesario

What happened

The Landlord filed applications for non-payment of rent (L1) and persistent late payment of rent (L2). The L1 application was dismissed because the Tenant paid the arrears specified on the N4 notice by the termination date, thereby voiding it. The L2 application was granted, as it was undisputed that the Tenant had paid rent late for 15 of the preceding 16 months. The Tenant claimed she paid late in retaliation for alleged harassment from the Landlord's Agent and cited job loss and health issues. The Board found the Tenant's persistent late payments justified termination and was not convinced she would pay on time in the future. The eviction was ordered but postponed to May 31, 2025.

The ruling

The Landlord's L1 application for non-payment of rent is dismissed. The Landlord's L2 application for persistent late payment is granted. The tenancy is terminated effective May 31, 2025, and the Tenant must vacate the rental unit by this date. If the Tenant fails to vacate, the Landlord can file the order with the Sheriff for enforcement starting June 1, 2025. The Landlord waived the $186.00 application fee.