Landlord Wins Rent Arrears Case: Brosko v Davies 2020
Scarborough landlord awarded $10875 in rent arrears, but eviction denied with payment plan
Summarized by RentZenLast updated: July 26, 2024
Case Summary
208 Kennedy Road, Scarborough, ON M1K2B5
Decision in favor of
landlord
Balance Owed to Landlord
$10,875
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2020
Hearing Date
Nov 2020
Order Date
Dec 23, 2020
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 Tenant was in possession of the rental unit on the date the application was filed and had not paid the total rent owed for the period from January 1, 2020 to February 29, 2020.
Determinations
- Tenant was in possession of rental unit on application date
- Tenant did not pay rent from January 1, 2020 to February 29, 2020
- Monthly rent is $1,098.15
- Landlord offered 18-month payment plan, Tenant requested 24-month plan
- Tenant's income reduced due to husband's incarceration
- Tenant's financial situation improved after husband's release
Case Study
The Tenant's income was reduced due to her husband's incarceration, leading to rent arrears. The Landlord offered an 18-month payment plan, which the Tenant agreed to except for the length of the term. The Tribunal found it reasonable to impose the 18-month payment plan as suggested by the Landlord, as the Tenant's financial situation had improved with her husband's release from prison.
Arguments and Actions
Tenant
Actions
Tenant's income was reduced due to her husband's incarceration, leading to rent arrears.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant pays the full monthly rent on or before the first of each month starting January 1, 2020 for 12 months, and also pays $541.84 towards the rent arrears on or before the 20th of each month starting January 20, 2021 through to July 20, 2022. If the Tenant fails to comply with these conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant within 30 days of the breach.
Adjudicator Details
LTB Member
Total Orders
360
Landlord Favorable
95.3%
Tenant Favorable
4.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,098
Rent Arrears
$10,700
Application Fee
$175
Total Owing
$10,875 (Owed to Landlord)
Source
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