Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$21,883
to Landlord
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Citation: CLEARVIEW APARTMENTS v Ralph, 2024 ONLTB 44049
File Number: LTB-L-088840-23
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 26, 2024
Tenancy End Date
Jul 2024
The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent is granted. However, the Tenant is given until July 15, 2024 to either pay the full amount owing to void the order and continue the tenancy, or to vacate the rental unit. If the Tenant does not pay the full amount by July 15, 2024, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.
Tenant experienced difficulties including working on and off, child support deductions, family illness, and depression
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Landlord's Legal Representative objected to the Tenant's proposed 10-year payment plan as being too prejudicial to the Landlord. The Landlord's Legal Representative submitted that the tenancy is a short one as it only began in 2022, and the Tenant immediately fell into arrears after starting the tenancy.
Landlord's Legal Representative submitted that they reached out to the Tenant to address the arrears at various times, but no resolution was reached.
Tenant proposed a 10-year long payment plan to preserve the tenancy. Alternatively, Tenant requested until July 15, 2024 to move out.
Tenant testified that during the material times, he was working on and off, had money taken off his income for child support, and had some illness in his family. Tenant also testified that he had a family breakdown and suffered severe depression at that time.
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Lawful Rent
$1,128
Rent Arrears
$22,903
Application Fee
$186
Rent Deposit
$1,128
Deposit Interest
$26
Ordered Amount
$21,883 (to Landlord)
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