100-163 Tullamoure Court Ltd. C/o Gulf Pacific Investment v Clarke
Last updated: July 22, 2024
Order
Ordered by Terri van Huisstede,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: 100-163 Tullamoure Court Ltd. C/o Gulf Pacific Investment v Clarke, 2023 ONLTB 19184
File Number: LTB-L-035521-22
Timeline
Application Date (Estimate)
Aug 2022
Hearing Date
Feb 2023
Order Date
Feb 6, 2023
We estimate Application Date using rent arrears.
Decision
The Landlord's application was granted with conditional relief to the Tenant. The Tenant is ordered to pay $11,538.45 in rent arrears and costs by the specified dates. If the Tenant fails to make any of the payments, the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenant.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord holds $1,520.52 rent deposit with $21.68 interest
- Landlord incurred $186 application filing costs
- Landlord served valid N4 Notice
- Landlord tried to work with Tenant and social worker on payment plan
- Lawful rent is $1,558.53 due on 1st of each month
- Tenant agrees rent arrears to 2023-02-28 are $11,352.45
- Tenant did not void notice by paying arrears
- Tenant paid $4,682.55 since application filed
- Tenant still in possession on hearing date
Landlord's Arguments
Actions and Evidence
Landlord tried to work with Tenant and their social worker on a payment plan, but had not received direct payments from Tenant since May 2022.
Tenant's Arguments
Arguments
Tenant argued that they could ensure rent is paid in full and on time going forward as their combined household income is $4,780 and expenses are $1,820.
Actions and Evidence
Tenant was off work and on short-term and long-term disability due to mental health issues. Tenant proposed a payment plan to clear the arrears.
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