Landlord Wins Breach of Conditions Case: Chen v Mckay 2021
Tenant evicted in Richmond Hill for breach of conditional order, owing $25856 to landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
96 William F Bell Pkwy, Richmond Hill, ON L4S0K7
Decision in favor of
landlord
Balance Owed to Landlord
$25,856
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2021
Hearing Date
Oct 2021
Order Date
Oct 25, 2021
Tenancy End Date
Nov 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order issued by the Board. The Tenant filed a motion to set aside the order.
Determinations
- Tenant breached previous Board order by not paying required amounts
- Tenant is not able to afford monthly rent and other essential costs
- It is not appropriate to set aside the previous order
Case Study
The Tenant agreed that she did not pay the amounts required by the previous Board order, and the Tenant is not able to afford the monthly rent and other essential costs. Therefore, it is not appropriate to grant the Tenant's request to set aside the previous order.
Arguments and Actions
Tenant
Arguments
Tenant requested relief from eviction and to be permitted to remain at the rental unit until January 2022.
Actions
Tenant agreed she did not pay the required amounts to the Landlord. Tenant testified she paid $8,400 to the Landlord between June 25 and July 12, 2021 due to an advance payment from her employer, but her monthly income has been reduced to $2,800.
Decision Summary
The motion to set aside the previous order is denied. The stay of the previous order is lifted as of November 30, 2021, to give the Tenant some time to find new accommodation.
Adjudicator Details
LTB Member
Total Orders
611
Landlord Favorable
83.8%
Tenant Favorable
6.7%
Mutual Agreement
9.5%
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Financial Details
Lawful Rent
$2,900
Rent Arrears
$25,856
Total Owing
$25,856 (Owed to Landlord)
Source
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