CAPREIT Limited partnership v Tiffany Anderson - LTB Case Study
Burlington tenant granted conditional relief from eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 640 Guelph Line, Burlington, ON L7R3M9
Dispute resolved in
agreement
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Feb 2023
Hearing Date
May 2023
Order Date
May 23, 2023
Dispute Summary
The 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 a previous LTB order. The tenant filed a motion to set aside the previous order.
Determinations
- The order provides that the landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 without notice to the tenant to terminate the tenancy and evict the tenant if the tenant does not meet certain condition(s) in the order.
- The tenant was ordered to pay the landlord $5,358.32 in January 2022, but by the time the landlord filed the L4 application in February 2023, the tenant owed $11,724.72.
- The tenant's evidence shows that she was employed when she moved into the rental unit and making sufficient funds to pay the rent, but had to quit her job due to discomfort.
- The tenant found new employment in October 2022 and has been paying the rent since December 2022.
- The tenant has two children and her current income shows that she can pay the rent and an additional $500.00 monthly as she has proposed.
- The tenant currently owes the landlord $13,013.15 in arrears and costs to the end of May 2023.
Case Study
The tenant was ordered to pay the landlord $5,358.32 in January 2022, but by the time the landlord filed the L4 application in February 2023, the tenant owed $11,724.72. The tenant testified that she had to quit her job due to discomfort, but found new employment in October 2022 and has been paying rent since December 2022. Considering the tenant's current income and her status as a single mother with two children, the adjudicator found it appropriate to provide the tenant with relief from eviction under the conditions set out in the order.
Arguments and Actions
Tenant
Actions
The Tenant testified that she was seriously uncomfortable with the way she was treated by her employer and felt she had no option but to quit this position.
Decision Summary
The motion to set aside the previous order LTB-L-016854-23 is granted. The previous order is set aside and replaced with a new order. The tenant shall pay the landlord $13,013.15 in installments, and shall also pay the lawful rent in full and on time. If the tenant fails to make the payments, the landlord can apply to the Board to terminate the tenancy and evict the tenant without notice.
Reason for Eviction Relief
Considering the fact that the Tenant has been paying rent for the past few months, the fact that her income can support the proposed repayment plan, and the fact the Tenant is a single mother with two children.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Rent Arrears
$13,013
Total Owing
$13,013 (Owed to Landlord)
Source
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