Landlord Wins Eviction Case Against Tenants Who Repeatedly Failed to Pay Rent: Nathan Reid Holdings LTD v Izaguirre 2024
Landlord wins eviction case against tenants who repeatedly failed to pay rent and comply with LTB order
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 352 Eastview Road, Guelph, ON N1E0E8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2024
Order Date
Mar 25, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenants did not meet a condition specified in a previous LTB order.
Determinations
- Tenant failed to meet a condition specified in the previous LTB order
- Tenant paid November 2023 rent late and did not pay rent for December 2023 and January 2024
- Tenant's plan to repay arrears with rent bank assistance was not likely to succeed
- Tenant has a history of consistently failing to meet conditions in LTB orders
Case Study
Given the Tenant's history of consistently failing to meet the conditions specified in LTB orders, the adjudicator did not find it likely that the Tenant would comply with the terms of any new order the Board may issue. The Tenant's plan to catch up on arrears of rent was also entirely dependent on a third party, so the Tenant may not necessarily be able to ensure that the plan succeeds.
Arguments and Actions
Landlord
Arguments
Landlord was opposed to the Tenant's plan and was not prepared to consent to a new payment plan.
Actions
Landlord's evidence was that this was the fourth time the Landlord and the Tenant had to appear before the LTB due to non-payment of rent.
Tenant
Arguments
Tenant requested that the eviction order be set aside and replaced with an order allowing the Tenant to pay the arrears of rent within a month and then pay rent in full and on time going forward.
Actions
Tenant did not pay rent for November 2023, December 2023, and January 2024. Tenant's plan is to repay the arrears with the assistance of a rent bank.
Decision Summary
The Tenant's motion to set aside the previous eviction order was denied. The stay of the eviction order was lifted on May 31, 2024 to give the Tenant additional time to find a new place to live, as the Tenant has two minor children.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$2,358
Source
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