Centennial Apartments v Grant - Landlord Wins Non-payment Case
Mississauga landlord wins $7763 rent dispute, tenant ordered to pay or face eviction
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 3355 Ponytrail Dr, Mississauga, ON L4X1V7
Decision in favor of
landlord
Balance Owed to Landlord
$7,763
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2023
Hearing Date
Dec 2023
Order Date
Mar 11, 2024
Tenancy End Date
Mar 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,154.42 due on 1st of each month
- Tenant paid $4,800 since application filed
- Rent arrears owing to 2023-12-31 are $4,113.90
- Landlord incurred $186 application filing fee
- Landlord holds $1,154.42 rent deposit with $27.91 interest
Arguments and Actions
Landlord
Actions
The Landlord submits that it is unreasonable to extend the tenancy with a payment plan unless the plan is realistic.
Tenant
Actions
The Tenant has been unemployed since 2022 and doesn't know if she will be returning to work soon. The Tenant's daughter is on EI and they have had significant medical expenses. The Tenant has $1,800.00 to pay towards the arrears on December 22, 2023 but cannot predict her future ability to repay the arrears.
Decision Summary
Unless the Tenant voids the order by paying $7,763.16 on or before March 29, 2024, the tenancy will be terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $2,684.20, which includes rent arrears up to the hearing date and the application filing fee, minus the rent deposit and interest. The Tenant must also pay the Landlord $37.95 per day for use of the unit starting December 20, 2023 until the Tenant moves out.
Reason for Eviction Relief
The Tenant and the other occupants who contribute to the household expenses are in the process of applying for various forms of social assistance and funding which could improve their financial situation and ability to repay the arrears.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
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Financial Details
Lawful Rent
$1,154
Rent Arrears
$12,377
Application Fee
$186
Rent Deposit
$1,154
Deposit Interest
$28
Total Owing
$7,763 (Owed to Landlord)
Source
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