Landlord Wins Non-payment Case: Homestead Land Holdings Limited v Al Zubaidi
Gloucester tenant ordered to pay $2607 in rent arrears, but eviction denied
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1116 Carousel Crescent, Gloucester, ON K1T1Z5
Decision in favor of
landlord
Balance Owed to Landlord
$2,607
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Sep 2020
Hearing Date
Nov 2020
Order Date
Nov 23, 2020
We estimate Application Date using rent arrears.
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 October 1, 2019 to November 30, 2020
- Landlord served valid Notice of Termination effective November 30, 2019
- Tenant is in possession of the rental unit
- Lawful monthly rent is $1,263.98 as of February 1, 2020
- Tenant paid Landlord $12,489.56 after the application was filed
Case Study
The Tenant has been paying the full monthly rent since June 2020 and has been paying the full monthly rent, but for a rent increase, from February 2020. The Tenant has lived in the rental unit since February 2016, does not speak English, and is of modest means. The length of the tenancy, the ongoing payments since the date of application, and the Tenant's vulnerable situation spoke in favour of accepting the Tenant's proposed payment plan.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant makes the specified payments to the Landlord for the rent arrears and costs. 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.
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
$1,264
Rent Arrears
$2,432
Application Fee
$175
Total Owing
$2,607 (Owed to Landlord)
Source
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