Gunasekran v Adams and Gorman

Split/Other wins · Oshawa · 2021-03-17

Adjudicator

Randy Aulbrook

Dispute

Persistent Late Payment

Notice

None

Amount

<$5K

Landlord

J.G.

Tenant

M.A., N.G.

Landlord rep

Junior Persaud

Tenant rep

Danielle Scheffel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Tenants did not dispute that the monthly rent has not always been paid on time, but testified that there was a previous verbal agreement with the Landlord for the monthly rent to be paid bi-monthly.

The ruling

The Tenants shall pay their lawful monthly rent to the Landlord on or before the (1st) business day each and every month for the next twelve (12) months commencing April 1, 2021 through to and including March 1, 2022. The Tenants shall also pay to the Landlord the $175.00 cost for the application filing fee on or before April 15, 2021. If the Tenants fail to make any one of the payments set out in paragraph 2 and 3 above, in full and on the due date, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006, without notice to the Tenants for an order terminating the tenancy and evicting the Tenants. The Landlord must make this application no later than 30 days after the Tenants' failure to make any payment.