O'Brien v Nutson

Split/Other wins · Toronto · 2021-05-10

Adjudicator

Elle Venhola

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

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

Amount

<$5K

Landlord

V.O.

Tenant

J.N.

Landlord rep

Steven J. Smith

Tenant rep

Linda Flores

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to rent arrears and persistent late payment of rent. The Tenant paid the outstanding rent and application fee prior to the hearing, and the parties agreed to amend the lease agreement to change the rent due date.

The ruling

The Landlord's L1 application for eviction based on rent arrears is discontinued. The parties agreed to amend the lease agreement to change the rent due date to the 1st of each month, with a minor monetary adjustment. The Tenant is ordered to pay the rent on time for the next 12 months and reimburse the Landlord for the application filing fee. If the Tenant fails to make any of the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.