AMSTAR POOL I LP v Neil - LTB Grants Conditional Relief from Eviction
Etobicoke tenants granted conditional relief from eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1416, 2737 Kipling Ave, Etobicoke, ON M9V4C3
Decision in favor of
tenant
Balance Owed to Landlord
$5,557
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Aug 24, 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. The Landlord served the Tenants with a valid N4 Notice, and the Tenants did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,543.90 due on 1st of each month
- Rent arrears owing to August 31, 2023 are $5,370.85
- Landlord incurred $186.00 in filing costs
Case Study
The Landlord served a valid N4 Notice, and the Tenants were still in possession of the rental unit on the hearing date. The Tenants proposed a payment plan, and the Board found that it would not be unfair to grant relief from eviction subject to the Tenants complying with the payment plan.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenants pay the rent arrears of $5,556.85 in installments by June 20, 2024. The Tenants must also pay new rent on time and in full until the arrears are paid.
Reason for Eviction Relief
The Board found that the circumstances do not rise to the level where eviction is the only possible remedy, and that the Tenants' payment plan is realistic and not unduly lengthy.
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,544
Rent Arrears
$5,371
Application Fee
$186
Total Owing
$5,557 (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.