ACCL Property Management v Metivier - LTB Ruling on Non-Payment of Rent
Landlord granted termination order but tenant avoids eviction with 12-month payment plan in Whitby non-payment case
Summarized by RentZenLast updated: October 13, 2024
Case Summary
601 Colborne St E, Whitby, ON L1N1W8
Decision in favor of
landlord
Balance Owed to Landlord
$9,886
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Oct 2023
Hearing Date
Jan 2024
Order Date
Feb 14, 2024
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 in possession on application date
- Lawful rent is $2,600 due on 1st of month
- Tenant paid $6,200 since application filed
- Rent arrears owing to hearing date is $9,700
- Landlord incurred $186 application fee
- Landlord holds $2,600 rent deposit
- Interest on rent deposit is $107.56
Arguments and Actions
Landlord
Actions
Landlord is a retiree and relies on the Tenant's rental payments to pay the mortgage and other bills.
Tenant
Arguments
Tenant requested relief from eviction and proposed a 12-month payment plan to pay the arrears.
Actions
Tenant has 4 children between ages 5-16, does not have family support in the country.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant due to non-payment of rent is granted, subject to the Tenant making payments under a 12-month payment plan. If the Tenant fails to make any of the payments, the Landlord may apply to terminate the tenancy and evict the Tenant.
Reason for Eviction Relief
Tenant has 4 children, no family support, and has applied for community funding to pay arrears
Adjudicator Details
LTB Member
Total Orders
37
Landlord Favorable
89.2%
Tenant Favorable
10.8%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,600
Rent Arrears
$9,700
Application Fee
$186
Rent Deposit
$2,600
Deposit Interest
$108
Total Owing
$9,886 (Owed to Landlord)
Source
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