Last updated: July 26, 2024
Ordered by Troy Rossignol,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$4,834
to Landlord
Agree with the ruling?
Citation: Peel Housing Corp Op As Peel Living v Monique Mitchell, 2021 CanLII 92831
File Number: CEL-96952-20
Application Date
Sep 2020
Hearing Date
Jun 2021
Order Date
Jun 14, 2021
The Tenant shall pay to the Landlord $4834.05 representing rent arrears ($4648.05) and costs ($186.00 filing fee) owing to June 30, 2021 upon the following terms: Effective July 25, 2021 and on or before the 25th day of each consecutive month thereafter until for a period of 9 consecutive months (up to and including March 25, 2022) the minimum sum of $484.00 (arrears); and on or before April 25, 2021 the minimum sum of $478.05 representing the balance of arrears and costs. Effective July 01, 2021 and continuing on or before the first day in each consecutive month that follows, the Tenant shall pay the Landlord the full amount of the lawful monthly rent until the debt is paid in full. In the event that the Tenant fails to make any of the above said payments in full and on time, the entire balance of the amount set out in this Order shall become due and payable forthwith under this Order. The Landlord shall be entitled to apply to the Board, no later than 30 days after a breach of this Order, without notice to the Tenant, for an order terminating the tenancy and evicting the Tenant and for any arrears that have become due after the date of this Order, pursuant to Section 78 of the Residential Tenancies Act, 2006.
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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears.
Landlord's agent stated the Landlord is satisfied with the terms, the parties have previously agreed to however does want a section 78 included in the order.
Tenant stated she had entered into a repayment plan with the Landlord in May and has made her required payments (rent on the 1st day of each month and $484.00 on the 25th day of each month). She would like to carry on with that repayment plan, beginning July 2021 in order to preserve her tenancy, but wants some flexibility so does not agree to a section 78 being included in the order.
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Rent Arrears
$4,648
Application Fee
$186
Rent Deposit
$371
Ordered Amount
$4,834 (to Landlord)
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