Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$15,786
to Landlord
Agree with the ruling?
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Apr 24, 2024
The Landlord's application was granted, but the Tenants were given conditional relief from eviction. The Tenants must pay the $15,786 in arrears and new rent on time according to a payment schedule. If the Tenants fail to make any of the payments, the Landlord can apply to terminate the tenancy without further notice.
Prejudice to the Tenants in terminating the tenancy outweighs the prejudice to the Landlord in continuing the tenancy. This is the first application the Landlord has filed for this tenancy. The Tenants' current household income would be sufficient to cover their expenses and meet the proposed payment plan.
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.
The Landlord's Representative sought a standard order and submitted that the Tenants have made no good faith payments and the Landlord has no confidence the Tenants will follow through with their proposed payment plan.
The Tenants sought to preserve the tenancy and proposed paying the Landlord the new rent as it comes due and $1,578.60 each month towards the arrears until the arrears are paid in full.
Tenants testified that their son had a work-related accident in August 2023 and Shawn Leger lost his job. From September 2023 to April 2024, Shawn Leger worked as an apprentice with unstable hours and lower pay. As of April 2, 2024, Shawn Leger has returned to full-time work and earns $44.97 per hour. Jaden Million was a stay-at-home mom and despite her efforts, she was not able to secure employment until February 18, 2024. The Tenants testified that their son has since recovered and started working again and would contribute $800.00 to the household income. The Tenants testified that they have consistently received $1,975.00 a month for child tax benefits but have struggled since September 2023 to make ends meet. The Tenants testified that they have three other children who attend school in the area, and one child has mental health issues.
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Lawful Rent
$1,950
Rent Arrears
$15,600
Application Fee
$186
Ordered Amount
$15,786 (to Landlord)
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