Whitmore v Mcevoy

Landlord wins · Petawawa · 2023-04-26

Adjudicator

Alex Brkic

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

D.L.W.

Tenant

D.M.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord served a valid N8 notice on March 31, 2022, alleging the Tenant was late in paying rent 7 out of 11 months from May 2021 to March 2022. The Landlord also testified the Tenant continued to pay rent late from April 2022 to December 2022, and has not paid any rent from January 2023 to April 2023.

The ruling

The tenancy is terminated, and the Tenant must vacate the rental unit by May 7, 2023. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant must pay the Landlord $186 for the cost of filing the application. If the Tenant does not pay the full amount by May 7, 2023, they will owe interest at 6% annually on the outstanding balance.