Alfae v Thompson
Last updated: October 13, 2024
Order
Ordered by Vicky Liu,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Alfae v Thompson, 2024 ONLTB 25497
File Number: LTB-L-056891-23
Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Apr 8, 2024
Tenancy End Date
Apr 2024
Decision
Unless the Tenants void the order by paying $18,120 on or before April 30, 2024, the tenancy will be terminated. If the Tenants do not void the order, they must pay the Landlord $12,644.65, which includes rent arrears up to the hearing date and the application filing fee, minus the rent deposit and interest on the deposit. The Tenants will also owe daily compensation of $84.23 for each day of occupation starting March 29, 2024.
Reason for Eviction Relief
Considering there are three children in the rental unit, and the Landlord has a last month's rent deposit, I find that it would not be unfair to grant a short delay of termination to April 30, 2024 for the Tenants to secure alternative housing or locate the funds to void this order.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,562 due on 1st of each month
- Tenants paid $7,686 since application filed
- Rent arrears owing to 2024-03-31 is $15,372
- Landlord incurred $186 application filing fee
Landlord's Arguments
Arguments
The Landlord's Legal Representative opposed the payment plan and requested a standard eviction order. The Landlord's Legal Representative submitted that any further delays would prejudice the Landlord as the Landlord is a small landlord and relies on the rental payments to cover the expenses and mortgage payments of the rental unit. Due to the arrears, the Landlord has had to struggle with funds and utilize a line of credit.
Tenant's Arguments
Arguments
The Tenants seek an opportunity to preserve the tenancy and proposes paying the new rent that comes due and $600.00 each month towards the arrears until the arrears are paid up.
Actions and Evidence
One of the Tenants, Craig Thompson ("CT") testified that the increased costs of living has hindered the Tenants to pay the Landlord in full and on time. CT testified that his monthly income has been approximately $4,000 to $4,500.00 and that the other Tenant receives ODSP and CPP in the amount of $1,000.00. CT testified that he has secured a raise and his monthly income will increase to $5,800.00.
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C*** Manor v Kabeya
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A**** Rasoul v A* Bitar
The Landlord and Tenant Board denied the Tenant's review request of an eviction and arrears order, finding the Tenant exhibited willful blindness regarding her tenancy status after vacating.
Capreit Limited Partnership v Cousineau
An ex parte LTB order terminated the tenancy for breach of a prior conditional payment order and ordered the Tenant to pay arrears and daily compensation.
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