Landlord and Tenant Reach Agreement in Breach of Conditions Case: Deiab v Schmidt 2024
LTB grants Tenants another chance to maintain tenancy after breach of previous order in Hamilton rental dispute
Summarized by RentZenLast updated: August 6, 2024
Case Summary
173 West 32nd St, Hamilton, ON L9C5H1
Dispute resolved in
agreement
Balance Owed to Landlord
$9,650
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2024
Hearing Date
Apr 2024
Order Date
Apr 17, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants and for an order to have the Tenants pay the rent they owe because the Tenants failed to meet a condition specified in the order issued by the Board on January 30, 2024 with respect to application LTB-L-051463-23.
Determinations
- Parties agree Tenants breached conditions of order LTB-L-051463-23
- Tenant was laid off from employment shortly after entering agreement, but is now employed and prepared to continue paying
- Tenants have reduced rent arrears from $12,886.00 to $9,650.00
- Tenant's new job pay and child benefits are sufficient to pay Landlord
- Tenants have four children aged 2, 4, 7 and 10
Case Study
The Tenants breached the conditions of order LTB-L-051463-23. The Tenant testified that when they entered into the agreement, he was laid off from his employment shortly after. The Tenant is now employed and prepared to continue paying in line with the previous order. Despite the Tenant's employment issues, the Tenants have continued to reduce the arrears of rent from $12,886.00 to the current $9,650.00. Based on the Tenant's testimony, the pay from his new job is sufficient to pay the Landlord and they receive child benefits. The Tenants have four children aged 2, 4, 7 and 10. In consideration of these factors, the Tenants will be granted relief from eviction and provided with one more opportunity to maintain this tenancy.
Arguments and Actions
Tenant
Actions
Tenant testified that when they entered into the agreement, he was laid off from his employment shortly after.
Decision Summary
Order LTB-L-051463-23 is cancelled and replaced. The Tenants shall pay to the Landlord $9,650.00 plus rent as it becomes due. The Tenants shall pay the lawful rent plus $1,000.00 on or before the 20th day of each consecutive month commencing April 2024 and continuing through December 2024. The Tenant shall pay the lawful rent plus $650.00 on or before January 20, 2025. If the Tenants fail to make the above said payments in full and on time, the entire balance will become due and payable forthwith, and the Landlord shall be entitled to apply to the Board for an Order terminating the tenancy and evicting the Tenants.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Rent Arrears
$9,650
Total Owing
$9,650 (Owed to Landlord)
Source
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