Landlord Wins Rent Arrears Case Against Senior Tenant with Disability: Easylife Property Management Inc. v Bazell Campbell 2021
Landlord wins $2686 in rent arrears, but disabled senior tenant avoids eviction in Mississauga dispute
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2044 Wincanton Crescent, Mississauga, ON L5M3E2
Decision in favor of
landlord
Balance Owed to Landlord
$2,686
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2020
Hearing Date
Jun 2021
Order Date
Jun 28, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice of Termination, which the tenant did not void by paying the arrears.
Determinations
- Tenant has not paid total rent owed from September 1, 2020 to June 30, 2021
- Lawful monthly rent is $750.00
- Landlord did not collect last month's rent deposit
- Tenant paid $4,250.00 after the application was filed
- Amount outstanding to June 30, 2021 is $2,686.00 (rent arrears of $2,500.00 and costs of $186.00)
Case Study
The Tenant is a person with a disability who fell into arrears when he transitioned from the Ontario Disability Support Program to the Canada Pension Plan upon turning 65 years of age. Although the payment plan is longer than the Landlord would like, the prejudice to the Landlord is far less significant than the prejudice to the Tenant who would face great hardship as a senior citizen on a low fixed income with a disability during a pandemic.
Arguments and Actions
Tenant
Actions
Tenant is a person with a disability who fell into arrears when he transitioned from the Ontario Disability Support Program to the Canada Pension Plan upon turning 65 years of age.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant pays $100 towards costs and arrears on or before the 1st of each month starting July 1, 2021 for a total of 26 months, and also pays the full rent for the 27 months. If the Tenant fails to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent and NSF charges.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$750
Rent Arrears
$2,500
Application Fee
$186
Total Owing
$2,686 (Owed to Landlord)
Source
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