Evictly

TURNER v HANEC

Split/Other wins · Mississauga · 2025-11-28

Adjudicator
Jane Dean
Dispute
Persistent Late Payment
Notice
Persistent late payment (N8)
Amount
<$5K
Landlord
J.T.
Tenant
N.H.

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent. The Landlord, a small landlord relying on rent for mortgage payments, noted five late payments over an 11-month period. The Tenant, who cares for her elderly parents in the unit, admitted to forgetting to pay on a couple of occasions and sought to preserve the tenancy. Since receiving the N8 notice, the Tenant has paid rent on time.

The ruling

The LTB ordered that the tenancy shall continue provided the Tenant pays the lawful rent in full and on time for a period of nine months, from December 1, 2025, to August 1, 2026. If the Tenant fails to pay on time during this period, the Landlord may apply for an ex parte eviction order (without notice) under section 78. Additionally, the Tenant must pay the $186.00 filing fee by December 9, 2025.