DesRosier v Isaac: Non-payment of Rent Case in Burlington, ON
Burlington tenant given until Sept 30 to pay $14786 or face eviction for $11900 in rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 5053 Pinesdale, Burlington, ON L7L5J6
Decision in favor of
landlord
Balance Owed to Landlord
$9,285
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2022
Hearing Date
Aug 2022
Order Date
Sep 7, 2022
Tenancy End Date
Sep 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. The Tenant proposed a payment plan, but it was not supported by his income. The Board decided to delay the eviction until September 30, 2022, giving the Tenant a chance to pay the arrears or vacate the unit.
Determinations
- Daily rent/compensation is $88.77
- Interest on rent deposit is $21.48
- Landlord holds $2,700.00 rent deposit
- Landlord incurred $186.00 application filing cost
- Landlord served valid N4 Notice
- Lawful rent is $2,700.00 due on 1st of each month
- Rent arrears owing to August 31, 2022 are $11,900.00
- Tenant paid $7,000.00 since application filed
- Tenants did not void notice by paying arrears
- Tenants in possession on hearing date
Case Study
The Tenant's proposed payment plan was not supported by his current income, and there was no guarantee of increased future income. The Board found that allowing such a payment plan would be prejudicial to the Landlord. To turn the decision around, the Tenant could have provided a more realistic payment plan based on his current income or shown concrete evidence of increased future income.
Arguments and Actions
Landlord
Arguments
Landlord's representative argued that the Tenant's proposed payment plan was not reasonable based on his income and that the Tenant chose to pay rent on his commercial lease while letting arrears build up for this unit.
Actions
Landlord owns one other property and depends on the rental income.
Tenant
Arguments
Tenant argued for a payment plan based on projected future income from his business and potential roommates to share rent costs.
Actions
Tenant testified that he owns a gym and leases commercial space. His business suffered when other gyms reopened, leading to arrears. Tenant proposed a payment plan to pay off arrears in approximately 11 months.
Decision Summary
The tenancy will be terminated unless the Tenant pays $14,786.00 by September 30, 2022. If the Tenant does not pay, they must vacate the unit by September 30, 2022, and pay the Landlord $9,285.36 plus $88.77 per day from August 31, 2022, until they move out. The eviction can be enforced starting October 1, 2022, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$2,700
Rent Arrears
$11,900
Application Fee
$186
Rent Deposit
$2,700
Deposit Interest
$21
Total Owing
$9,285 (Owed to Landlord)
Source
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