1212763 Ontario Ltd. v Millar - LTB Upholds Landlord's Eviction Order
LTB upholds landlord's eviction order against long-term tenant who breached payment conditions
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 190 Exbury Rd, Toronto, ON M3M1R8
Decision in favor of
landlord
Balance Owed to Landlord
$16,091
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Apr 15, 2024
Tenancy End Date
May 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant did not meet a condition specified in the order issued by the LTB on November 30, 2023 with respect to application LTB-L-071347-23 SA. The Tenant filed a motion to set aside the order LTB-L-096621-23.
Determinations
- The Tenant breached the consent order by failing to pay the lawful rent on time and in full on or before December 1, 2023.
- The Tenant was confused by the payment plan negotiated and agreed upon at the last hearing and was unaware of the loss of her subsidy after the hearing.
- The Tenant is a senior citizen and has lived in the rental unit for 16 years.
- The Landlord has made multiple attempts to work with the Tenant to preserve the tenancy, without success.
- The tenancy is no longer viable, and it would be unfair to set aside the eviction order.
Arguments and Actions
Landlord
Arguments
The Tenant has relied on similar circumstances to avoid eviction, resulting in excessive administration and costs to the Landlord.
Actions
The Landlord has made multiple attempts to work with the Tenant to preserve the tenancy, without success.
Tenant
Arguments
The Tenant's circumstances are significantly different than the last hearing, financial support is in process, and the Tenant should be able to reach a zero balance by September 2024.
Actions
The Tenant was confused by the payment plan negotiated and agreed upon at the last hearing and was unaware of the loss of her subsidy after the hearing.
Decision Summary
The motion to set aside the eviction order is denied. The stay of the eviction order is lifted on May 24, 2024 to allow the Tenant sufficient time to find a new place to live.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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Financial Details
Rent Arrears
$16,091
Total Owing
$16,091 (Owed to Landlord)
Source
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