IMH Pool XX LP v Fraser: Non-payment of Rent Case in Mississauga, ON
Mississauga tenants granted relief from eviction with strict payment plan to clear $13662 in rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 7280 Darcel Ave, Mississauga, ON L4T3T7
Decision in favor of
landlord
Balance Owed to Landlord
$13,662
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Nov 2022
Order Date
Nov 28, 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord also claimed charges related to NSF cheques. The Tenants did not void the N4 Notice by paying the arrears.
Determinations
- Landlord entitled to $160.00 for NSF cheques
- Landlord incurred $186.00 for filing application
- Landlord served valid N4 Notice
- Lawful rent is $2,163.65 due on 1st of each month
- Rent arrears owing to November 30, 2022 are $11,037.82
- Tenants did not void notice by paying arrears
- Tenants still in possession of rental unit
Case Study
The Tenants failed to pay rent on time and did not void the N4 Notice. However, the Board considered the circumstances, including the impact of COVID-19, and granted relief from eviction subject to conditions. To avoid eviction, Tenants must follow a strict payment plan to clear arrears while continuing to pay current rent.
Arguments and Actions
Landlord
Actions
Landlord served a valid N4 Notice and filed for eviction due to non-payment of rent.
Tenant
Actions
Tenants failed to pay rent on time and accumulated significant arrears. They also had 8 NSF cheques.
Decision Summary
The Landlord's application for eviction is denied on the condition that Tenants follow a strict payment plan. Tenants must pay $1,200 monthly from December 20, 2022, to October 20, 2023, with a final payment of $462.47 on November 20, 2023, in addition to regular monthly rent. If Tenants default, Landlord may apply for eviction within 30 days of the breach.
Adjudicator Details
LTB Member
Total Orders
549
Landlord Favorable
94.0%
Tenant Favorable
2.7%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$2,164
Rent Arrears
$11,038
Application Fee
$186
Rent Deposit
$2,138
Deposit Interest
$28
Other Owed Amount
$160
NSF cheque charges
Total Owing
$13,662 (Owed to Landlord)
Source
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