Tenant Avoids Eviction: Murzello v Sullivan 2024 LTB Case
Ottawa tenant successfully negotiates payment plan to avoid eviction for rent arrears and persistent late payments
Summarized by RentZenLast updated: November 14, 2024
Case Summary
352 Bell Street South, Ottawa, ON K1S4K4
Dispute resolved in
agreement
Balance Owed to Landlord
$8,462
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Feb 2024
Hearing Date
Aug 2024
Order Date
Aug 29, 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late rent payments. Tenant proposed a payment plan and was granted relief from eviction.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession of rental unit
- Lawful rent is $1,277.00 per month
- Rent arrears of $8,244.07 as of August 31, 2024
- Tenant persistently paid rent late 12 times in 12 months
Case Study
The Board considered section 83 of the Residential Tenancies Act and determined that eviction should be a last resort, finding a payment plan reasonable.
Arguments and Actions
Landlord
Actions
Property manager testified unit not suitable for three occupants due to clutter and safety concerns
Tenant
Arguments
Requested relief from eviction and proposed a reasonable payment plan
Actions
Proposed to pay $700 monthly towards arrears, has two roommates contributing to rent
Aggravating Factors
Persistently late rent payments
Decision Summary
Tenant granted relief from eviction with a structured payment plan of $700 monthly, with final payment of $62 on September 1, 2025. Tenant must pay new rent on time for 12 consecutive months after arrears are paid.
Reason for Eviction Relief
Minimal prejudice to landlord, potential homelessness for tenant
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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Financial Details
Lawful Rent
$1,277
Rent Arrears
$8,244
Application Fee
$186
Total Owing
$8,462 (Owed to Landlord)
Source
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