Landlord and Tenant Board Ruling: Markham Corners Residential Inc. v Lynch and McDonald
Landlord and Tenant Board orders Scarborough tenants to pay $3134 in rent arrears or face potential eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 20 Kimbercroft Court, Scarborough, ON M1S4K8
Dispute resolved in
agreement
Balance Owed to Landlord
$3,134
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2021
Hearing Date
Aug 2021
Order Date
Aug 18, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after the Tenants failed to meet the conditions specified in a previous order issued by the Board.
Determinations
- Tenants did not meet the consent condition(s) specified in the previous order
- Landlord is entitled to request an order for the payment of arrears of rent and compensation
- Tenant's proposal for a revised payment plan was a reasonable request under the circumstances
Case Study
While the Tenants breached the payment conditions set out in the previous order, the breach does not warrant an order to end the tenancy and evict the Tenants. The Tenant proposed a revised payment plan to the Landlord to pay the total amount of the arrears outstanding in two lump sum payments, which was found to be a reasonable request under the circumstances.
Arguments and Actions
Landlord
Arguments
Landlord's Agent testified that past payment proposals have failed and requested that the Tenant's motion be denied.
Actions
Landlord's Agent stated the amount that is still owing from the previous order up to the period ending August 31, 2021 is $3,133.77.
Tenant
Actions
Tenant (MD) did not dispute that she breached the conditions set out in the previous order.
Decision Summary
The motion to set-aside the previous ex parte order is granted. The Tenants are ordered to pay the Landlord $3,133.77 in rent arrears by specific dates. If the Tenants fail to make any of the payments, the Landlord may apply to the Board for an order terminating the tenancy and evicting the Tenants.
Adjudicator Details
LTB Member
Total Orders
610
Landlord Favorable
84.3%
Tenant Favorable
8.7%
Mutual Agreement
7.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,579
Rent Arrears
$3,134
Total Owing
$3,134 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.