Landlord Wins Rent Arrears Case Against Long-Term Tenant: TORONTO COMMUNITY HOUSING CORPORATION v Bjeljac 2022
Toronto landlord granted $28410 in rent arrears, but allowed tenant to stay with 6-year repayment plan
Summarized by RentZenLast updated: July 26, 2024
Case Summary
575 Adelaide St W, Toronto, ON M6J3R8
Decision in favor of
landlord
Balance Owed to Landlord
$28,410
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2020
Hearing Date
Aug 2022
Order Date
Sep 14, 2022
We estimate Application Date using rent arrears.
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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,330 per month
- Tenant has not made any payments since application filed
- Rent arrears of $37,454.33 as of hearing date
- Tenant paid $9,230 on September 1, 2022
- Total amount owing is $28,410.33
- Landlord collected $1,200 rent deposit
- Interest on rent deposit of $9.55 owed to Tenant
Case Study
The Tenant was given until end of day September 1, 2022 to make a payment of $7,800.00 to the arrears plus September's rent in the amount of $1,330.00. The Tenant made this payment plus another $100.00 towards the arrears, therefore, the adjudicator found it fair to allow this long-term Tenant a chance to save his tenancy over a 6-year period.
Arguments and Actions
Landlord
Arguments
Landlord contested the repayment plan because the Tenant had not shown any good faith by making payments; the Landlord wanted a lump sum of $15,000 then a $300 per month repayment plan over 6 years.
Tenant
Actions
Tenant's finances were drastically affected by COVID-19.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant shall make payments of $100 per month from October 2022 to April 2023, then $300 per month from May 2023 to April 2029, with a lump sum payment of $3,500 on May 15, 2023 and the balance of $2,510.33 due on June 1, 2029. The Tenant shall also pay the monthly rent in full on or before the first of each month. If the Tenant fails to make any of the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,330
Rent Arrears
$28,224
Application Fee
$186
Rent Deposit
$1,200
Deposit Interest
$10
Total Owing
$28,410 (Owed to Landlord)
Source
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