Giuliano v Semple

Landlord wins · Brantford · 2021-11-02

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

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

Amount

<$5K

Landlord

A.G., A.D.S.

Tenant

J.S., M.S.

Landlord rep

Thomas Schoenleber

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlords served valid N4 and N8 notices, but the Tenants did not void the notices by paying the arrears. The Tenants had vacated the rental unit prior to the hearing date.

The ruling

The Landlords' application for eviction is denied on the condition that the Tenants pay the rent arrears and ongoing rent in accordance with the payment schedule set out in the order. If the Tenants fail to make the required payments, the Landlords may apply for an order terminating the tenancy and evicting the Tenants.