JMC Property Management v Aguto

Split/Other wins · Guelph · 2025-05-23

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

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

Amount

<$5K

Landlord

JMC Property Management, K.O.N.

Tenant

G.A., L.T.

Landlord rep

L. Florence

What happened

The Landlords filed two applications: one for non-payment of rent (L1) and another for persistent late rent payments (L2). The L2 application was dismissed due to an invalid termination date on the notice. For the L1 application, the Board found rent was in arrears and issued a conditional order of eviction, granting the Tenants relief by postponing the eviction to allow them time to pay the arrears due to extenuating circumstances (being victims of a scam and health issues).

The ruling

The Landlords' application for persistent late payment was dismissed due to an invalid notice. The application for non-payment of rent was successful, but the Board granted the Tenants relief from eviction. The eviction is postponed until June 15, 2025, to give the Tenants a chance to pay the arrears of $6,972.34 by May 31, 2025, or $8,910.34 by June 15, 2025, and void the order. If they fail to pay and do not move out, they will owe the Landlords $3,871.27 plus daily compensation, and the Landlords can file for eviction.