Landlord Wins Non-payment Case: IMH POOL XX v Burnett 2022
Mississauga landlord wins $4856 in rent dispute, tenant evicted
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 7230 Darcel Ave, Mississauga, ON L4T3T6
Decision in favor of
landlord
Balance Owed to Landlord
$4,856
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
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.
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 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 holds $1,408.41 rent deposit and $21.12 interest
- Landlord incurred $186.00 in application filing costs
- Landlord served valid N4 Notice
- Lawful rent is $1,448.70 due on 1st of each month
- Rent arrears owing to September 30, 2022 are $6,242.18
- Tenant did not void notice by paying arrears
- Tenant made $5,295.91 in payments since application filed
- Tenant still in possession on hearing date
Case Study
The Tenant lost their job as a warehouse supervisor in June 2022 and was unemployed until September 2022. The Tenant's primary income source during this time was Employment Insurance. The Tenant is now employed earning $3,900 per month with $2,500 in expenses, including the lawful monthly rent. The Tenant proposed a payment plan of $750 per month for 8 months to repay the arrears. The Landlord understands the Tenant's circumstances and agreed a delay to the eviction would be reasonable.
Arguments and Actions
Landlord
Actions
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
Arguments
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.
Actions
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.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
226
Landlord Favorable
96.0%
Tenant Favorable
3.1%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,448
Rent Arrears
$6,242
Application Fee
$186
Rent Deposit
$1,408
Deposit Interest
$21
Total Owing
$4,856 (Owed to Landlord)
Source
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