Landlord Wins Non-payment Case: 1030553 Ontario Limited v Sperduti 2024
Toronto tenant granted conditional relief from eviction for non-payment of $8319 in rent arrears due to illness
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 33 Holly St, Toronto, ON M4S2G8
Decision in favor of
landlord
Balance Owed to Landlord
$8,319
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
May 2024
Hearing Date
Aug 2024
Order Date
Aug 23, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant did not void the N4 notice by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on application date
- Lawful rent was $1,344.63, increased to $1,378.24 on 2024-08-01
- Tenant paid $2,657.47 since application filed
- Rent arrears owing to 2024-08-31 are $8,133.18
- Landlord incurred $186 in application filing costs
Arguments and Actions
Tenant
Arguments
Tenant proposed resolving the rent arrears with an immediate payment of $2,773.06 and additional payments over the course of approximately five months time. Tenant would pay the monthly rent on time going forward, using her personal savings and assistance from her family until she can return to work.
Actions
Tenant lives in the rental unit with her 31-year-old daughter. Tenant is being treated for breast cancer and is currently undergoing chemotherapy treatment.
Decision Summary
The Landlord's application was granted, but the Tenant was given conditional relief from eviction. The Tenant must pay the rent arrears of $8,319.18 in installments by January 15, 2025, and continue to pay rent on time going forward. If the Tenant fails to make any of the payments, the Landlord can apply to terminate the tenancy without further notice.
Reason for Eviction Relief
Tenant has a reasonable prospect of paying the amount outstanding within a reasonable period of time and should be given an opportunity to maintain her tenancy while undergoing treatment for breast cancer
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$1,378
Rent Arrears
$8,133
Application Fee
$186
Rent Deposit
$1,345
Total Owing
$8,319 (Owed to Landlord)
Source
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