Bankruptcy Stays Landlord-Tenant Dispute: Monterroza v Matthews
Tenant's bankruptcy filing stays landlord's eviction proceedings for non-payment of rent
Summarized by RentZenLast updated: August 6, 2024
Case Summary
19 Sinclair St, Guelph, ON N1L1S1
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Feb 2024
Order Date
Apr 9, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent.
Determinations
- Tenant stated they had declared bankruptcy on February 6, 2024 but could not provide documentation until February 9, 2024.
- At the February 22, 2024 hearing, the Tenant was unable to provide the bankruptcy documents.
- The Tenant submitted bankruptcy documents on March 4, 2024, which covered rent arrears up to that date.
- The LTB proceedings are stayed under Section 69.3 of the Bankruptcy and Insolvency Act due to the Tenant's bankruptcy filing.
- The LTB has no jurisdiction to order termination and payment of arrears for any arrears up to and including March 4, 2024.
- Any arrears that accrue after March 4, 2024 may be claimed by the Landlord under a separate notice and application to the Board.
Case Study
The Tenant's bankruptcy filing on March 4, 2024 stayed the LTB proceedings under Section 69.3 of the Bankruptcy and Insolvency Act. The LTB has no jurisdiction to order termination and payment of arrears for any arrears up to and including March 4, 2024. Any arrears that accrue after March 4, 2024 may be claimed by the Landlord under a separate notice and application to the Board.
Decision Summary
The LTB proceedings are stayed due to the Tenant's bankruptcy filing. The LTB has no jurisdiction to order termination and payment of arrears for any arrears up to and including March 4, 2024. Any arrears that accrue after March 4, 2024 may be claimed by the Landlord under a separate notice and application to the Board.
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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