Landlord Wins Non-payment Case: Minto Properties Inc. v Cable 2021
London tenant ordered to pay $7992 in rent arrears, but eviction denied on condition of payment plan
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 140 Cherryhill Place, London, ON N6H4M5
Decision in favor of
landlord
Balance Owed to Landlord
$7,992
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2020
Hearing Date
Jun 2021
Order Date
Jul 8, 2021
Dispute Summary
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 of Termination effective August 31, 2020, which the tenant did not void by paying the arrears.
Determinations
- Tenant has not paid total rent from July 1, 2020 to June 30, 2021
- Landlord served valid Notice of Termination effective August 31, 2020
- Tenant is in possession of the rental unit
- Lawful monthly rent is $1,165.89
- Landlord holds $1,165.89 rent deposit
- Interest on rent deposit owed to Tenant from January 1, 2020 to August 31, 2020
- Tenant paid $3,629.85 after application was filed
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from July 1, 2020 to June 30, 2021. Because of the arrears, the Landlord served a Notice of Termination effective August 31, 2020. The Tenant is in possession of the rental unit. The lawful monthly rent is $1,165.89. The Landlord collected a rent deposit of $1,165.89 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from January 1, 2020 to August 31, 2020. The Tenant paid $3,629.85 after the application was filed.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that: (a) The Tenant shall pay $500.00 to the Landlord on or before the 20th of each month commencing July 20, 2021, up to and including September 20, 2022; (b) The Tenant shall pay $492.17 to the Landlord on or before October 20, 2022; and (c) The Tenant shall also pay the Landlord the rent for the months of July 2021 up to and including October 2022 in full, on or before the first day of each corresponding month. If the Tenant fails to make any of the payments in accordance with these conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,166
Rent Arrears
$7,806
Application Fee
$186
Rent Deposit
$1,166
Total Owing
$7,992 (Owed to Landlord)
Source
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