Last updated: July 22, 2024
Ordered by Terri van Huisstede,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$18,864
to Landlord
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Citation: Homestead Land Holdings Linited v Kondo, 2023 ONLTB 26179
File Number: LTB-L-079897-22
Application Date
Nov 2022
Hearing Date
Mar 2023
Order Date
Jun 29, 2023
Tenancy End Date
Jul 2023
The tenancy is terminated effective July 31, 2023. The Tenant must pay the Landlord $18,864.25, which includes rent arrears up to March 7, 2023 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay the Landlord $44.92 per day for compensation for use of the unit starting March 8, 2023 until the Tenant moves out. If the Tenant does not pay the full amount by July 31, 2023, they will owe interest at 6% annually on the outstanding balance.
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent as per the consent order issued on October 21, 2022. The Tenant did not dispute breaching the consent order by not paying the November 2022 rent.
Landlord argued an additional payment plan would be prejudicial as they were not satisfied the Tenant would pay as promised.
Landlord was sympathetic to the Tenant's needs and concerns, but opposed another payment plan as the Tenant had only paid $1,400 since November 2021 and owed $21,317 as of March 31, 2023.
Tenant proposed another payment plan to pay the rent on the 1st plus an additional $500 per month until the arrears were paid in full, arguing they would otherwise be homeless.
Tenant explained they almost died in 2020 from septicemia and gangrene, had to have a toe amputated, and attended rehabilitation due to a medication dependency. Tenant receives nursing care 3 times per week and believed they would receive a large lump sum from their income tax return, but did not file until the end of November.
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Rent Arrears
$15,866
Rent Deposit
$1,350
Deposit Interest
$31
Other Amount
$5,779
New Arrears from November 1, 2022 to March 7, 2023
Ordered Amount
$18,864 (to Landlord)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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