Tenant Wins Eviction Appeal: Canadian Student Living Group, LP v Augustt
Oshawa tenant avoids eviction after losing job, granted chance to pay rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1700 Simcoe Street North, Oshawa, ON L1G4X9
Decision in favor of
tenant
Balance Owed to Landlord
$5,496
Dispute Categories
Notices Sent
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Timeline
Application Date
Nov 2021
Hearing Date
Jan 2022
Order Date
Feb 16, 2022
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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant had vacated the rental unit prior to the hearing date.
Determinations
- Landlord skeptical of Tenant's ability to comply with new payment plan
- Tenant did not dispute breaches of previous order
- Tenant lost job abruptly, leading to inability to meet payment plan
- Tenant proposed new payment plan to bring arrears to zero
- Tenant recently started new full-time job
- Tribunal decided to give Tenant one last chance to pay arrears in full
Case Study
The Tenant did not dispute the breaches of the previous order. The Tenant testified that he lost his job abruptly, leading to the inability to meet the payment plan. The Tenant recently started a new full-time job and proposed a new payment plan to bring the arrears to zero. The Landlord was skeptical of the Tenant's ability to comply with a new payment plan. The Tribunal decided to give the Tenant one last chance to make good on paying the arrears in full to keep the tenancy intact, provided the Tenant submits evidence of his employment and pays the February 2022 rent on time.
Arguments and Actions
Landlord
Arguments
Landlord requested the motion to set aside be denied, but indicated the lifting of the stay could be postponed to February 28, 2022.
Actions
Landlord submitted that the Tenant has continually failed to make rent payments and arrears payments, and does not believe the Tenant can comply with a new payment plan.
Tenant
Arguments
Tenant asked to be given a chance to maintain his tenancy and submit proof of his new employment.
Actions
Tenant lost job abruptly, leading to inability to meet payment plan. Tenant recently started new full-time job and proposed new payment plan to bring arrears to zero.
Decision Summary
The Tenant's motion to set aside the previous order is granted. The previous order is cancelled and replaced with a new order that gives the Tenant one last chance to pay the arrears in full by making scheduled payments, provided the Tenant submits evidence of his employment and pays the February 2022 rent on time. If the Tenant fails to comply, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
640
Landlord Favorable
89.4%
Tenant Favorable
4.2%
Mutual Agreement
6.4%
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Financial Details
Rent Arrears
$5,496
Total Owing
$5,496 (Owed to Landlord)
Source
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