A.G.SECURE PROPERTY MANAGEMENT INC v Garofalo - 2023 ONLTB 36298
Landlord wins eviction order against tenants in Innisfil for non-payment of rent after tenants breach consent order
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1015 Westmount Ave, Innisfil, ON L9S1T6
Decision in favor of
landlord
Balance Owed to Landlord
$15,397
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Feb 2023
Hearing Date
May 2023
Order Date
May 9, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants and for an order to have the tenants pay the rent they owe because the tenants did not meet a condition specified in the order issued by the LTB on February 1, 2023 with respect to application LTB-L-029504-22. The tenants filed a motion to set aside the order LTB-L-011194-23.
Determinations
- Landlord can apply under section 78 without notice to terminate tenancy if tenant does not meet conditions
- Tenants consented to order to pay $8,965.44 in arrears and costs to end of January 2023
- Tenants made first payment of $1,200 on February 1, 2023 but no payments since
- Lawful monthly rent is $1,908
- Tenants now owe $15,397.44 in arrears and costs to end of May 2023
- Tenant has only $500 available to make any payments
Case Study
The order provides that the landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 without notice to the tenant to terminate the tenancy and evict the tenant if the tenant does not meet certain condition(s) in the order. The tenants consented to an order requiring them to pay the landlord $8,965.44 in arrears and costs to the end of January 2023, but have made no payments to the landlord since the first payment of $1,200.00 on February 1, 2023. Considering the fact that the tenants have now accumulated significantly more arrears since they entered into the consent agreement with the landlord in January 2023, it would be unfair to the landlord to grant the tenants' motion.
Arguments and Actions
Tenant
Actions
Tenants have accumulated significantly more arrears since they entered into the consent agreement with the landlord in January 2023.
Decision Summary
The motion to set aside Order LTB-L-011194-23, issued on February 1, 2023, is denied. The stay of Order LTB-L-011194-23 is lifted on May 31, 2023. Order LTB-L-011194-23 is unchanged.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Lawful Rent
$1,908
Rent Arrears
$15,397
Total Owing
$15,397 (Owed to Landlord)
Source
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