Zareski v. Umar

Landlord wins · 2022-01-19

Adjudicator

Swinton J.

Dispute

Persistent Late Payment, Personal Use

Notice

Persistent late payment (N8), Personal use (N12)

Amount

$5-10K

Landlord

S.U.

Tenant

J.Z.

Landlord rep

Timothy M. Duggan

What happened

Landlord applied to terminate tenancy due to persistent late payment of rent over 13 months and for personal use of the unit by the landlord's husband's parents. Tenant appealed the Landlord and Tenant Board's decision to terminate the tenancy.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision to terminate the tenancy. The Court found no error of law in the Board's decision. The eviction order was upheld but enforcement delayed until March 1, 2022, considering current rent status, presence of a young child, and public health circumstances.