Last updated: August 6, 2024
Ordered by Christopher Lin,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$23,885
to Landlord
Agree with the ruling?
Citation: Masud v Crane, 2024 ONLTB 19835
File Number: LTB-L-053989-23
Application Date
Aug 2023
Hearing Date
Dec 2023
Order Date
Mar 22, 2024
Tenancy End Date
Apr 2024
The tenancy is terminated unless the Tenant pays $40,146 by 2024-03-31 or $43,476 by 2024-04-02 to void the order. If the Tenant does not void the order, they must pay $23,884.99 and vacate the unit by 2024-04-02. The Landlords are entitled to daily compensation of $109.48 from 2023-12-05 until the Tenant vacates.
Landlords 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.
Landlords opposed any relief from eviction.
Landlords testified that the rent arrears have significantly impacted their finances, and that they attempted to negotiate a payment plan with the Tenant but could not agree on terms.
Tenant requested relief from eviction under section 83(1) of the Act due to his mental health disability.
Tenant testified that he fell behind on rent after being diagnosed with bipolar disorder in February 2023, and was unable to work his regular job. Tenant's current income is ODSP of $733/month, which is below the rent.
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Lawful Rent
$3,330
Rent Arrears
$29,970
Application Fee
$186
Rent Deposit
$3,250
Deposit Interest
$129
Ordered Amount
$23,885 (to Landlord)
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