Elm Place Inc. v Kelley
Last updated: July 22, 2024
Order
Ordered by Frank Ebner,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Elm Place Inc. v Kelley, 2022 ONLTB 1883
File Number: LTB-L-017152-22
Timeline
Application Date
Mar 2022
Hearing Date
Jul 2022
Order Date
Jul 25, 2022
Decision
The tenant is ordered to pay the landlord $1,783.88, which includes $1,597.88 in rent arrears up to July 31, 2022 and $186.00 for the landlord's application filing costs. The tenant shall also pay the new monthly rent of $2,399.51 on the first of each month from August 1, 2022 to September 30, 2022, or until the arrears are paid in full, whichever is earlier. If the tenant fails to make any of these payments, the landlord may apply to the LTB for an order terminating the tenancy and evicting the tenant.
Dispute
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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord incurred $186 in application filing costs
- Landlord served valid N4 Notice
- Lawful rent increased to $2399.51 effective May 1, 2022
- Lawful rent was $2299.51 for March and April 2022
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
Landlord's Arguments
Arguments
Tenant failed to take responsibility for paying rent and never actively communicated with the landlord when offered a payment plan.
Actions and Evidence
Landlord made several attempts to establish a payment plan with the tenant, but the tenant never responded.
Tenant's Arguments
Arguments
Tenant would like to retain the tenancy, is financially capable of paying the rent arrears, and will pay any rent arrears ordered by the Board.
Actions and Evidence
Tenant acknowledged having rent arrears but was unaware of the exact total. Tenant believed the rent arrears were the responsibility of the housing authority, not her own.
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