2278082 Ontario Limited v Hollick: Non-payment of Rent Case in Caledon, ON
Caledon landlord grants tenants repayment plan for $8800 in rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
19000 Airport Road, Caledon, ON L7K2H2
Decision in favor of
landlord
Balance Owed to Landlord
$8,800
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Oct 2022
Order Date
Oct 25, 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. The Tenants requested a 36-month repayment plan, citing financial constraints. The Board granted a shorter repayment plan with a lump sum payment at the end, allowing the Tenants to preserve their tenancy.
Determinations
- Interest on rent deposit owed to Tenant
- Landlord served valid N4 Notice
- Lawful rent is $2,200.00 due on 1st of each month
- Rent arrears and application fee total $8,800.00
- Rent deposit of $2,200.00 held by Landlord
- Tenants did not void notice by paying arrears
- Tenants paid $12,501.00 since application filed
- Tenants still in possession of rental unit
Case Study
The Tenants' request to deny the Landlord eviction under section 83(3)(a) of the Residential Tenancies Act was rejected due to insufficient evidence of substantial breach by the Landlord. The Board considered the Tenants' financial situation and their good faith efforts in making substantial payments, granting them an opportunity to save their tenancy through a structured repayment plan.
Arguments and Actions
Landlord
Arguments
Landlord sought a standard 11-day voidable order and argued that a 36-month repayment plan would be too prejudicial.
Actions
Landlord has attempted to reach out multiple times about entering into a repayment plan. The Landlord has addressed most issues raised by the City's inspection, with only the bathroom remaining to be fixed.
Tenant
Arguments
Tenants argued that the Landlord should be barred from receiving an eviction order under section 83(3)(a) of the Residential Tenancies Act due to substantial breach of obligations.
Actions
Tenants requested a 36-month repayment plan, citing one tenant is on ODSP and the other on CPP. They have made substantial payments to the Landlord, showing good faith intention to preserve the tenancy.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenants adhere to a structured repayment plan. The Tenants must pay $8,800.00 in arrears and costs, with monthly payments of $250.00 from November 1, 2022, to October 1, 2023, and a final lump sum payment of $5,800.00 on November 1, 2023. The Tenants must also pay the lawful monthly rent of $2,200.00 on time. Failure to comply may result in the Landlord applying for eviction under section 78 of the Residential Tenancies Act.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$2,200
Rent Arrears
$8,599
Application Fee
$201
Rent Deposit
$2,200
Deposit Interest
$155
Total Owing
$8,800 (Owed to Landlord)
Source
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