Deiab v Schmidt
Last updated: August 6, 2024
Order
Ordered by Greg Joy,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: Deiab v Schmidt, 2024 ONLTB 26213
File Number: LTB-L-010975-24
Timeline
Application Date
Jan 2024
Hearing Date
Apr 2024
Order Date
Apr 17, 2024
Decision
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.
Dispute
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
Landlord's Arguments
Tenant's Arguments
Actions and Evidence
Tenant testified that when they entered into the agreement, he was laid off from his employment shortly after.
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