Landlord Wins Eviction Case Against Tenant in Arrears - Del Condominium Rentals Inc. v Simkins
Landlord granted eviction order against tenant owing $18213 in unpaid rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 169 Fort York Boulevard, Toronto, ON M5V0C8
Decision in favor of
landlord
Balance Owed to Landlord
$18,213
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Dec 2020
Order Date
Apr 23, 2021
Tenancy End Date
May 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant had not paid rent from May 1, 2020 to December 31, 2020, and the Landlord served a Notice of Termination effective June 14, 2020.
Determinations
- Tenant has not paid rent from May 1, 2020 to December 31, 2020
- Landlord served valid Notice of Termination effective June 14, 2020
- Landlord collected $1,700 rent deposit from Tenant
- Interest on rent deposit owed to Tenant from February 1, 2020 to June 14, 2020
- Tenant agrees with $13,149.29 in arrears and application fee
- Tenant requested 44-month repayment plan, which was found unreasonable
Case Study
The Tenant's proposed 44-month repayment plan was found to be unreasonably long, given the lack of good faith payments after May 2020 and the Tenant's failure to provide evidence of ability to maintain the plan. The Landlord's request for a standard order was granted.
Arguments and Actions
Landlord
Arguments
Landlord opposed the Tenant's proposed repayment plan, stating it was unreasonably long.
Actions
Landlord states it has offered the Tenant repayment plans in the past, but the Tenant did not work with the Landlord and stopped making any payments after May 2020.
Tenant
Arguments
Tenant proposed a 44-month repayment plan of $300 per month, which the Board found to be unreasonably long.
Actions
Tenant has been living in the rental unit for 5 years with his wife and two young children. He was furloughed from his job at Air Canada and collects CEWS of $2,000 per month. He asked the Landlord to reduce the rent, but the Landlord declined.
Decision Summary
The tenancy is terminated effective May 4, 2021. The Tenant must pay the Landlord $18,213.48, which includes rent arrears up to April 23, 2021 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $60.94 per day in compensation starting April 24, 2021 until the unit is vacated. If the full amount is not paid by May 4, 2021, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
283
Landlord Favorable
85.2%
Tenant Favorable
7.8%
Mutual Agreement
7.1%
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Financial Details
Rent Arrears
$13,149
Application Fee
$175
Rent Deposit
$1,700
Deposit Interest
$14
Total Owing
$18,213 (Owed to Landlord)
Source
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