Last updated: July 22, 2024
Ordered by Greg Witt,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$4,856
to Landlord
Agree with the ruling?
Citation: IMH POOL XX v Burnett, 2022 ONLTB 13953
File Number: LTB-L-015165-22
Application Date (Estimate)
May 2022
Hearing Date
Sep 2022
Order Date
Dec 7, 2022
Tenancy End Date
Feb 2023
We estimate Application Date using rent arrears.
The tenancy is terminated unless the Tenant pays the full amount owing by February 7, 2023. If the Tenant does not pay the full amount, the Tenant must move out by February 7, 2023. If the Tenant does not void the order, the Tenant shall pay the Landlord $4,855.79, which includes rent arrears and the application filing fee, minus the rent deposit and interest.
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.
Landlord testified the arrears are significant, the Landlord has attempted to negotiate with the Tenant, and does not see any reason why the eviction should be denied. However, the Landlord understands the Tenant's circumstances and agreed a delay to the eviction would be reasonable.
Tenant proposed a payment plan of $750 per month for 8 months to repay the arrears. Tenant stated they would require additional time to find affordable housing as they have small children.
Tenant lost their job as a warehouse supervisor in June 2022 and was unemployed until September 2022. Tenant's primary income source during this time was Employment Insurance.
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Lawful Rent
$1,448
Rent Arrears
$6,242
Application Fee
$186
Rent Deposit
$1,408
Deposit Interest
$21
Ordered Amount
$4,856 (to Landlord)
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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