LTB Order CEL-44407-14 – Eviction for Non-Payment and Persistent Late Rent | Port Credit, ON

Tenancy terminated effective November 28, 2014, unless tenant voids the order.
Tenant ordered to pay $954.73 in arrears and compensation up to November 17, 2014, plus $170.00 filing fee.
Daily compensation of $19.89 applies from November 18, 2014 until the unit is vacated.
Eviction void if tenant pays $1,380.00 on or before November 28, 2014.
If L1 is voided, tenancy continues conditionally: rent must be paid on or before the 1st of each month from December 2014 to November 2015.
Failure to comply with conditional payment schedule allows landlord to apply under s.78 without notice.

Landlord filed L1 for non-payment of rent covering October–November 2014.
Landlord filed L2 alleging illegal act, safety impairment, wilful/negligent damage, and persistent late payment.
Tenant testified that changes to the unit were made at the request of the previous owner.
Landlord could not produce the previous owner to testify, undermining damage and safety claims.

Tenant did not pay rent for October 1 to November 30, 2014; arrears established under L1 application.
Landlord failed to prove illegal act was committed by tenant, occupant, or permitted person.
Landlord failed to prove tenant wilfully or negligently damaged the rental unit.
Landlord failed to prove changes to the unit seriously impaired the safety of any person.
Tenant found to have persistently failed to pay rent on time since July 2014.

Tenant failed to pay rent for October 1 to November 30, 2014, resulting in arrears of $1,210.00.
Landlord's claims of illegal act, wilful damage, and safety impairment were not proven on evidence.
Tenant found to have persistently paid rent late since landlord purchased property in July 2014.
Tenant may void eviction by paying $1,380.00 on or before November 28, 2014.
If tenancy continues, tenant must pay rent on time every month from December 2014 to November 2015.