Landlord Wins Significant Rent Arrears Case: Ciz v Garisto 2024
Tenant facing eviction for $26200 rent arrears granted extension until June 30, 2024
Summarized by RentZenLast updated: November 14, 2024
Case Summary
242 Wellesworth Dr, Etobicoke, ON M9C4S6
Decision in favor of
landlord
Balance Owed to Landlord
$25,616
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Sep 2023
Hearing Date
Apr 2024
Order Date
May 2, 2024
Tenancy End Date
Jun 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to significant rent arrears. Tenant acknowledged owing rent and proposed a payment plan, but the Board found the proposed plan unfair to the Landlord.
Determinations
- Valid N4 Notice served
- Tenant did not void notice by paying arrears
- Tenant still in possession of rental unit
- Lawful rent is $3,200.00
- No rent payments made since application filed
- Rent arrears of $26,200.00 agreed by parties
Case Study
Considered subsection 83(2) of the Residential Tenancies Act, 2006 to balance landlord and tenant rights
Arguments and Actions
Landlord
Arguments
Opposed 15-month payment plan, requested standard order with June 30 extension
Actions
Landlord experiencing financial strain, paying mortgage, taxes, utilities from personal funds
Tenant
Arguments
Requested extended time to find court-approved housing for children
Actions
Tenant acknowledged poor payment history due to marriage breakdown, legal fees, child support, and health issues. Committed to preserving tenancy.
Decision Summary
Tenancy terminated unless Tenant voids order by paying full arrears. Tenant given until June 30, 2024 to pay or vacate the unit. Daily compensation of $105.21 will be charged if unit not vacated.
Reason for Eviction Relief
Tenant needs time to find alternative court-approved accommodation
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
96.6%
Tenant Favorable
1.9%
Mutual Agreement
1.5%
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Financial Details
Lawful Rent
$3,200
Rent Arrears
$26,200
Application Fee
$186
Total Owing
$25,616 (Owed to Landlord)
Source
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