Malleum Real Estate Management Corp v Marley
Last updated: July 22, 2024
Order
Ordered by Alex Brkic,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Malleum Real Estate Management Corp v Marley, 2022 CanLII 108692 (ON LTB)
File Number: SOL-26684-21-SA
Timeline
Hearing Date
Feb 2022
Order Date
Feb 17, 2022
Tenancy End Date
Mar 2022
Decision
The Tenant's motion to set aside the previous order was denied. The stay of the previous order will be lifted on March 11, 2022, giving the Tenant one month to prepare to move out.
Dispute
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.
Determinations
- Tenant currently owes $7,557.10 in rent arrears
- Tenant has only been making 'arrears' payments since the previous order, and has missed every monthly rent since July 2021
- Tenant misunderstood the previous order and thought he only had to make one monthly payment
- Tenant operates a moving company that has slowed down
- Tenant owes 'back taxes' on the business
- Tenant's December 2021 rent payment was returned NSF
Landlord's Arguments
Arguments
Landlord's Agent requested the motion to set aside be denied and the stay lifted immediately.
Actions and Evidence
Landlord's Agent testified that the Tenant's December 2021 payment of $1,219.71 was returned NSF, and the Tenant has only been making 'arrears' payments since the previous order and has missed every monthly rent since July 2021.
Tenant's Arguments
Arguments
Tenant requested a couple of months to be able to move out, stating he has been a tenant for the past five years.
Actions and Evidence
Tenant testified that his payment on or about December 1, 2021 was made through the portal but due to e-payment issues, the payment was not successful.
Procedural Errors
Tenant misunderstood the previous order and thought he only had to make one monthly payment.
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