Kaplan v Wise

Tenant wins · Thornhill · 2025-06-18

Adjudicator

Panagiotis Peter Roupas

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

B.K.

Tenant

S.W.

Landlord rep

Ze Hao Liu

What happened

The Landlord filed an application to evict the Tenant for persistent late payment of rent. The Tenant contested the claim, arguing that the rent due date was the 1st of the month, not the 20th. The Board found the Landlord's evidence regarding the rent due date more credible and confirmed the Tenant had been persistently late. However, the Board granted the Tenant relief from eviction, deeming it a 'minor issue' and ordering the Tenant to pay rent on time for 12 months as a condition to continue the tenancy.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenant complies with a payment schedule. The Tenant must pay the full monthly rent on or before the 20th of each month for 12 consecutive months, starting June 20, 2025. The Tenant must also pay the Landlord the $186.00 application fee by June 30, 2025. If the Tenant breaches these conditions, the Landlord can apply for an eviction order without notice.