A.G.SECURE PROPERTY MANAGEMENT INC v Barr - 2023 LTB Ruling
Orillia landlord wins non-payment case, tenants ordered to pay $14138 or vacate by August 5, 2023
Summarized by RentZenLast updated: September 12, 2024
Case Summary
67 Cindy Lee Cres, Orillia, ON L3V7P2
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Jul 25, 2023
Tenancy End Date
Aug 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. The Tenants requested a review of the order issued on March 28, 2023, claiming they did not receive the Notice of Hearing.
Determinations
- Tenants did not attend March 1, 2023 hearing
- Tenants had adequate notice and opportunity to participate
- Payment agreement filed on February 23, 2023 not considered in previous order
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants still in possession of rental unit
- Lawful rent is $1,452 per month
- Rent arrears owing to April 30, 2023 are $9,838.40
- Landlord entitled to $186 application filing fee
- Landlord holding $1,452 rent deposit
- Interest on rent deposit is $44.75
Case Study
The Tenants had adequate notice of the hearing on March 1, 2023, but did not attend. However, the Board's file shows a payment agreement was filed on February 23, 2023, which was not considered in the previous order, so the request to review the order is granted.
Arguments and Actions
Tenant
Actions
Tenants thought payment agreement resolved the application, did not attend March 1 hearing
Decision Summary
The tenancy is terminated unless the Tenants pay $14,138.40 by July 31, 2023 or $15,590.40 by August 5, 2023 to void the order. If the Tenants do not pay, they must vacate the unit by August 5, 2023 and pay the Landlord $8,111.17 plus daily compensation.
Reason for Eviction Relief
Tenants have lived in the unit for 3 years, one Tenant is awaiting disability benefits, and no reasons were provided for non-payment
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,452
Rent Arrears
$9,838
Application Fee
$186
Rent Deposit
$1,452
Deposit Interest
$45
Total Owing
$14,138 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.