Asman v Mckinnon - Landlord Granted Conditional Order for Rent Arrears
Landlord granted conditional order allowing tenant to pay $24222 in rent arrears over 12 months to avoid eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
570 Stonecliffe Rd, Oakville, ON L6L4N9
Decision in favor of
tenant
Balance Owed to Landlord
$24,222
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2023
Order Date
Aug 11, 2023
Dispute Summary
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.
Determinations
- Tenant does dispute the amount of rent arrears
- Tenant proposed to pay the arrears in 12 equal installments
- Landlord does not believe the Tenant will be able to comply with the requested payment plan
- Evicting a tenant is a remedy of last resort
- Circumstances do not rise to the level where eviction should be considered a last resort
- 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
Case Study
The Board considered the factors outlined in LTB Interpretation Guideline 1 and denied the Tenant's request for an adjournment. The Board found that the circumstances did not rise to the level where eviction should be considered a last resort, and that 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.
Decision Summary
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.
Reason for Eviction Relief
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.
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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Financial Details
Rent Arrears
$24,222
Total Owing
$24,222 (Owed to Landlord)
Source
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