Landlord Wins Non-payment Case: AMSTAR POOL I LP v Bolton 2022
Scarborough tenants ordered to pay $12223 in rent arrears, granted payment plan
Summarized by RentZenLast updated: July 22, 2024
Case Summary
507 Sheppard Ave E, Scarborough, ON M1B2L4
Decision in favor of
landlord
Balance Owed to Landlord
$12,223
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2022
Hearing Date
Sep 2022
Order Date
Dec 7, 2022
We estimate Application Date using rent arrears.
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
- Landlord incurred $186 in filing costs
- Landlord served valid N4 Notice
- Lawful rent is $1,474.96 due on 1st of each month
- Rent arrears owing to 2022-09-30 are $12,037.16
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants made $1,100 in payments since application filed
Case Study
The Tenant has gone through very difficult circumstances with respect to both illness and death in the family which impacted the Tenants' ability to pay the lawful monthly rent. The Tenant now has stable and significant enough income to commit to a payment plan amounting to a reasonable proportion of the Tenant's disposable monthly income. Due to these circumstances, the eviction should be denied subject to meeting the terms of a payment plan.
Arguments and Actions
Landlord
Arguments
Landlord sought a standard order for termination and eviction.
Actions
Landlord's representative testified that the proposed 3.5 year repayment plan would be prejudicial to the Landlord given the significant arrears, and that the Tenant could afford more than $300 per month based on the stated household income and expenses.
Tenant
Arguments
Tenant proposed a payment plan of $300 per month for 41 months to repay the arrears, or additional time to find affordable housing if evicted.
Actions
Tenant's son passed away unexpectedly in 2020, causing his wife to fall into depression and be temporarily unable to work. Tenant contracted COVID-19 twice, impacting his work and income. Tenant and his wife have two children and an eviction would be traumatic for the family.
Decision Summary
The Tenants shall pay the Landlord $12,223.16 for rent arrears and filing costs in accordance with a payment plan of $400 per month for 30 months, with a final payment of $223.16 on or before July 15, 2025. The Tenants shall also pay new rent on time and in full until the arrears are paid. If the Tenants fail to make any payment, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
Adjudicator Details
LTB Member
Total Orders
226
Landlord Favorable
96.0%
Tenant Favorable
3.1%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,474
Rent Arrears
$12,037
Application Fee
$186
Rent Deposit
$1,411
Total Owing
$12,223 (Owed to Landlord)
Source
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