Evictly

Mutual Property Management v Moons

Landlord wins · Corunna · 2023-07-20

Adjudicator
Camille Clyne
Dispute
Persistent Late Payment
Notice
Persistent late payment (N8)
Amount
$5-10K
Landlord
Mutual Property Management
Tenant
J.M., C.M.
Landlord rep
Christine Halsall, Christine McDonald
Tenant rep
Jason Moons

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord served a valid N8 notice alleging the Tenants paid rent late for 8 months from November 2021 to July 2022. The Tenants continued to pay rent late for an additional 10 months after the application was filed.

The ruling

The tenancy is terminated effective August 20, 2023. The Tenants must pay the Landlord $9,529.58, which includes compensation for use of the unit from October 2022 to May 2023, less the rent deposit and interest owed. The Tenants must also pay $49.91 per day for use of the unit from May 11, 2023 until they move out, as well as the $186 application fee. If the full amount is not paid by August 20, 2023, the Tenants will owe 6% annual interest on the outstanding balance.