Last updated: January 12, 2025
Ordered by Colin Elsby,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Dispute resolved in
Agreement
Ordered Amount
$12,186
to Landlord
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Citation: Bains v Clarke, 2024 ONLTB 64523
File Number: LTB-L-074635-23
Application Date
Dec 2023
Hearing Date
Aug 2024
Order Date
Aug 28, 2024
The Landlord's application for eviction was granted, but the Board ordered a conditional order allowing the Tenants to avoid eviction by paying the rent arrears of $12,186 in installments over 12 months, in addition to paying the ongoing rent. If the Tenants fail to make any of the required payments, the Landlord may apply to terminate the tenancy without further notice.
Tenant has 3-month-old child, is a newcomer to Canada, and has made efforts to pay rent
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.
Landlord opposed any payment plan and only sought termination of the tenancy.
Landlord served valid N4 notice and filed application to terminate tenancy due to non-payment of rent.
Tenant argued they should be allowed to stay in the unit and proposed a payment plan to pay back the arrears.
Tenant has 1 child who is 3-months old. Tenants are newcomers to Canada. Tenant proposed a payment plan of $500/month to pay back arrears.
Tenant failed to comply with Interim Order to pay ongoing rent
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Lawful Rent
$1,500
Rent Arrears
$12,000
Application Fee
$186
Rent Deposit
$1,400
Deposit Interest
$49
Ordered Amount
$12,186 (to Landlord)
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