Blustein and Sankiewicz v Lachapelle
Last updated: July 26, 2024
Order
Ordered by Marie-France Pelletier,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$5,200
to Landlord
Dispute Categories
Notices Sent
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Citation: Blustein and Sankiewicz v Lachapelle, 2021 CanLII 149806
File Number: TSL-22770-21-HR
Timeline
Hearing Date
Sep 2021
Order Date
Dec 23, 2021
Tenancy End Date
Jan 2022
Decision
The tenancy is terminated effective January 31, 2022. The Tenant must vacate the unit by that date and pay the Landlord $5,200.25, which includes compensation for use of the unit, the application fee, and interest on the rent deposit. If the Tenant does not pay the full amount by January 31, 2022, interest will accrue on the outstanding balance.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord served a valid N8 Notice, alleging the Tenant had been persistently late in paying rent for 15 consecutive months.
Determinations
- Landlord served valid N8 Notice
- Tenant in possession on application date
- Lawful monthly rent is $1,865.68
- Landlord holds $1,800 rent deposit
- Tenant owes interest on rent deposit
- Tenant has persistently paid rent late
- Tenant unable to confirm ability to pay rent on time
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant asked for a review of the Interim Order requiring her to pay rent on time, thinking she would be able to explain when she could start paying on time.
Actions and Evidence
Tenant has been persistently late in paying rent, citing financial pressures due to the pandemic and caring for three young children. Tenant thought she could choose when to pay rent even after a Board order.
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Financial Details
Lawful Rent
$1,866
Application Fee
$186
Rent Deposit
$1,800
Damages
$5,014
Ordered Amount
$5,200 (to Landlord)
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