bcIMC Realty Corporation c/o QuadReal Residential Properties G.P. Inc. v Nwene - 2024 ONLTB 44003
Toronto landlord granted conditional relief for tenant to pay $8906 in rent arrears in installments to avoid eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 8 Roanoke Rd, Toronto, ON M3A1E6
Dispute resolved in
agreement
Balance Owed to Landlord
$8,906
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 7, 2024
Dispute Summary
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 at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $6,500 since application filed
Arguments and Actions
Landlord
Arguments
Landlord objected to the Tenant's proposed payment plan, arguing that the Tenant had income but chose not to pay the rent, so a payment plan was not warranted.
Actions
Landlord reached out to Tenant at various times to address the arrears, but received no response.
Tenant
Arguments
Tenant wanted to preserve his tenancy, had lived in the rental unit for 14 years, his children were born there and have not known any other home, and he will go back to work at the end of May.
Actions
Tenant was injured in January and was not working, his partner did not have significant income, so he was unable to pay rent in full.
Decision Summary
The Landlord's application was granted, but the Tenant was granted conditional relief from eviction. The Tenant must pay the rent arrears of $8,906.23 in three installments by November 30, 2024, and continue to pay new rent on time. If the Tenant fails to comply with the payment schedule, the Landlord may apply to terminate the tenancy without further notice.
Reason for Eviction Relief
Tenant has resided at the rental unit for a long period of time, made some payments since the application, has young children, and the payment plan proposed by the Tenant is reasonable based on the circumstances
Adjudicator Details
LTB Member
Total Orders
73
Landlord Favorable
87.7%
Tenant Favorable
1.4%
Mutual Agreement
11.0%
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Financial Details
Lawful Rent
$1,893
Rent Arrears
$8,720
Application Fee
$186
Total Owing
$8,906 (Owed to Landlord)
Source
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