Last updated: July 26, 2024
Ordered by Troy Rossignol,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$29,046
to Landlord
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Citation: Kayani v Clarke, 2021 CanLII 93544
File Number: CEL-98414-21
Hearing Date
Jun 2021
Order Date
Jun 28, 2021
The Tenants are ordered to pay the Landlord $29,046.00 representing rent arrears, costs, and fees owed. The Tenants shall pay $3,200.00 per month towards the arrears from July 2021 to March 2022, and the remaining $246.00 in fees and costs by April 5, 2022. The Tenants shall also continue to pay the full lawful monthly rent until the debt is paid in full. If the Tenants fail to make any of the required payments, the Landlord can apply for an order terminating the tenancy and evicting the Tenants.
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Landlord believes anything other than a standard order would be unfairly prejudicial as he has been paying the mortgage from his own pocket.
Landlord opposed a repayment plan as Tenants have made no payments since October 2020 and did not attend hearing to provide evidence of employment and ability to pay.
Tenant representative requested a repayment plan to allow Tenant to pay rent as it becomes due and an additional $3,200 per month towards arrears, based on Tenant's current income of approximately $7,000 per month.
Tenants have not paid rent since October 2020. Tenant representative stated Tenant was not working during pandemic but recently returned to work.
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Rent Arrears
$28,800
Application Fee
$186
Rent Deposit
$3,200
Other Amount
$60
NSF charges
Ordered Amount
$29,046 (to Landlord)
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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.
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