Landlord Wins Rent Arrears Case: Amiraco Properties Inc v Harriott
London landlord awarded $3418 in rent arrears, but eviction denied with payment plan
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 95 Oakville Avenue, London, ON N5V2S3
Decision in favor of
landlord
Balance Owed to Landlord
$3,418
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Mar 2021
Hearing Date
Jul 2021
Order Date
Jul 28, 2021
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice of Termination, which the Tenant did not void by paying the arrears.
Determinations
- Tenant has not paid total rent from December 1, 2020 to July 31, 2021
- Landlord served valid Notice of Termination effective January 22, 2021
- Tenant is in possession of the rental unit
- Lawful monthly rent is $846.94
- Landlord holds $830.00 rent deposit
- Interest on rent deposit owed to Tenant from April 30, 2020 to January 22, 2021
- Tenant paid $2,700.00 after application was filed
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from December 1, 2020 to July 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective January 22, 2021. The Tenant is in possession of the rental unit. The lawful monthly rent is $846.94. The Landlord collected a rent deposit of $830.00 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from April 30, 2020 to January 22, 2021. The Tenant paid $2,700.00 after the application was filed.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that: 1) The Tenant shall pay $250.00 to the Landlord on or before the 1st of each month commencing on August 1, 2021, up to and including August 1, 2022; 2) The Tenant shall pay $167.78 to the Landlord on or before September 1, 2022; 3) The Tenant shall also pay the Landlord the rent for the months of August 2021 up to and including September 2022 in full, on or before the first day of each corresponding month. If the Tenant fails to make any of the payments in accordance with these conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent and NSF charges not already ordered.
Adjudicator Details
LTB Member
Total Orders
1055
Landlord Favorable
94.6%
Tenant Favorable
2.6%
Mutual Agreement
2.8%
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Financial Details
Lawful Rent
$847
Rent Arrears
$3,232
Application Fee
$186
Rent Deposit
$830
Total Owing
$3,418 (Owed to Landlord)
Source
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