Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$24,222
to Landlord
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Citation: Asman v Mckinnon, 2023 ONLTB 56337
File Number: LTB-L-022009-23
Hearing Date
Aug 2023
Order Date
Aug 11, 2023
The Landlord's application for eviction is denied on the condition that the Tenant shall pay the Landlord $24,222.25 in arrears over 12 monthly installments, and continue to pay new rent on time and in full. If the Tenant fails to make any one of the payments, the outstanding balance shall become immediately due and owing, and the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenant.
The circumstances do not rise to the level where eviction should be considered a last resort, and granting a conditional order allowing the Tenant to pay the arrears over 12 months would balance the prejudice to each party and preserve the tenancy.
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant disputed the amount of rent arrears, and the issue before the Board was whether to grant relief from eviction under Section 83 of the Residential Tenancies Act.
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Rent Arrears
$24,222
Ordered Amount
$24,222 (to Landlord)
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