Arcese v Baxter

Landlord wins · Toronto · 2025-04-25

Adjudicator

James Campbell

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

A.A.

Tenant

L.B.

Landlord rep

Marian Lippa

What happened

The Landlord applied to evict the Tenant for persistently paying rent late. The Tenant, who admitted to the late payments, had been late 10 times in the past 11 months. The Landlord also had other pending actions against the Tenant, including an application for significant rent arrears of $29,725.00 and a separate non-voidable eviction order. The Tenant cited business losses and requested a payment plan, but the Board found the tenancy was not viable and ordered eviction.

The ruling

The tenancy is terminated effective May 31, 2025, due to the Tenant's persistent late rent payments. The Board denied the Tenant's request for relief from eviction, concluding the tenancy was not viable given the Tenant's financial instability, the high rent, and other outstanding legal issues with the Landlord. The Tenant must vacate by the termination date and pay the Landlord's $186.00 application fee.