could I be paying rent late without knowing it?

Landlord and Tenant Issues
1

I have always paid rent near the end of the month or on the first for 5 years.

Today, I paid rent a few days late and got a strongly worded message from my landlord claiming that I’ve been paying it late for a while now and that I should see the contract.

I know that he would prefer me gone as I am getting a really good deal on the place so I’m taking this seriously.

Basically, the contract says that the rent should be paid by 5pm on the first. I had forgotten the 5pm bit. I have no idea how many times I paid it later than at 5pm but still on the first. It also says “paid” by that time and given that I pay using e-transfers the process may not complete till hours or a day later.

I am aware that, in Ontario, eviction is possible on the grounds of consistently late rent payment.

My question is - if I my rent turns out to indeed have been consistently late by the definition given in the contract but I was never notified about it and thus never knew that there was a problem at all - as I was taking the agreement in a a more general, “it’s the first of the month, I should pay rent sometime today” kind of way - would my landlord have a case to evict me?

2

Hi there,

Thank you for sharing your question with us.

You may find some helpful information in the StepstoJustice article, What can happen if I don’t pay my rent on time? which lists the different outcomes that may result from owing rent or often paying late. While it doesn’t sound like you have been consistently missing payments, you may still want to connect with a lawyer or community legal clinic familiar with housing issues. You can find the nearest one by using this tool here. Steps to Justice also has a compiled list of programs and services about paying rent that may be helpful.

If you do not qualify to receive services from a Community Legal Clinic, please contact the Landlord and Tenant Board directly.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Sincerely,

Your Settlement.Org Team