Landlord Wins Rent Arrears Case Against Tenants in Mississauga: 1896186 Ontario Inc. v Stewart 2021
Landlord awarded over $9700 in rent arrears and costs from tenants in Mississauga LTB case
Summarized by RentZenLast updated: July 26, 2024
Case Summary
330 Burnhamthorpe Road West, Mississauga, ON L5B0E1
Decision in favor of
landlord
Balance Owed to Landlord
$9,736
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Tenancy End Date
May 2021
Hearing Date
Jul 2021
Order Date
Aug 30, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Tenants have not paid total rent from April 1, 2020 to July 31, 2021
- Landlord served Notice of Termination effective January 18, 2021 due to arrears
- Tenants were in possession of the rental unit
- Lawful monthly rent was $2,700.00
- Last month's rent deposit applied to May 2021 rent
- Arrears and costs owing to May 31, 2021 total $9,736.00
Case Study
The Tenants sought a repayment plan over time for the arrears, which the Landlord opposed. The Board has the discretion to order payment over time or delay payment, but typically includes a clause that if the Tenants breach the repayment plan, the balance immediately comes due and post-judgement interest starts to accrue. While the Tenants' accrual of rent arrears was due to the COVID-19 pandemic and beyond their control, the Board found the Tenants' proposed repayment plan excessive in length and prejudicial to the Landlord. However, the Board granted the Tenants more time than the standard eleven days to repay the arrears, as requested by the Landlord.
Arguments and Actions
Landlord
Arguments
Landlord opposed the Tenants' request for a lengthy repayment plan, as it would prejudice the Landlord by delaying payment.
Tenant
Arguments
Tenants sought a repayment plan over 4 years, paying $2,500 each year on July 31, starting in 2022.
Actions
Tenants testified that their sales fell due to the pandemic, leading to the accrual of rent arrears. They currently reside in their daughter's basement.
Decision Summary
The tenancy is terminated as of May 31, 2021. The Tenants shall pay the Landlord $9,736.00 in arrears and application costs, with the payment to be made in three installments: $2,920.80 by September 9, 2021, $2,044.56 by November 30, 2021, and $4,770.64 by February 28, 2022. If the Tenants fail to make any one of the payments, the outstanding balance will become immediately due and owing, and the Tenants will start to owe simple interest at 2.00% annually on the balance outstanding.
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,700
Rent Arrears
$9,550
Application Fee
$186
Total Owing
$9,736 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.