Capreit Limited Partnership v Douglas Rossiter - LTB Ruling on Non-Payment of Rent
Landlord wins eviction order against tenant in Mississauga for $5503 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
232-2345 Truscott Drive, Mississauga, ON L5J2B1
Decision in favor of
landlord
Balance Owed to Landlord
$5,503
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Apr 2023
Order Date
May 18, 2023
Tenancy End Date
Jun 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet a condition specified in the mediated settlement signed by the parties on June 21, 2021 with respect to a previous application. The Tenant failed to pay the lawful monthly rent for January 2023 and the arrears payment of $280 that was due by January 1, 2023.
Determinations
- Tenant failed to pay January 2023 rent and $280 arrears payment by January 1, 2023
- Tenant acknowledged arrears but testified he had an agreement in principle with the Region of Peel to get caught up
- Tenant's plan to repay arrears was not viable, as he continued to make scattered payments
- Tenant failed to provide evidence of income or dealings with the Region of Peel
- Unfair to grant relief from eviction under s. 83(1) of the Act
Case Study
The Tenant failed to meet the conditions specified in the mediated settlement, including paying the lawful monthly rent and arrears payment by the due dates. The Landlord is entitled to an order for termination of the tenancy and eviction, as well as an order for the payment of the outstanding rent arrears.
Arguments and Actions
Landlord
Arguments
Landlord opposed the adjournment request on the basis that the arrears are already quite high, and that the Landlord has not heard from the Region of Peel about any proposed re-payment of the Tenant's rent arrears.
Tenant
Actions
Tenant testified that he had contacted the Region of Peel back in October to get assistance with repaying the arrears, but still needed additional time to provide evidence.
Decision Summary
The tenancy is terminated effective June 2, 2023. The Tenant must pay the Landlord $5,503.33 in rent arrears and $57.76 per day in compensation for use of the unit starting May 23, 2023 until the Tenant vacates. If the Tenant does not pay the full amount by June 2, 2023, the Tenant will owe interest at 6% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Rent Arrears
$7,291
Rent Deposit
$1,757
Deposit Interest
$31
Total Owing
$5,503 (Owed to Landlord)
Source
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