CLEARVIEW APARTMENTS v Ralph - 2024 ONLTB 44049
Landlord wins $21882 rent dispute in York, tenant faces eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
81 Clearview Heights, York, ON M6M2A3
Decision in favor of
landlord
Balance Owed to Landlord
$21,883
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 26, 2024
Tenancy End Date
Jul 2024
Dispute Summary
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.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,127.50 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Arguments
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.
Actions
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
Arguments
Tenant proposed a 10-year long payment plan to preserve the tenancy. Alternatively, Tenant requested until July 15, 2024 to move out.
Actions
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.
Decision Summary
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.
Reason for Eviction Relief
Tenant experienced difficulties including working on and off, child support deductions, family illness, and depression
Adjudicator Details
LTB Member
Total Orders
73
Landlord Favorable
87.7%
Tenant Favorable
1.4%
Mutual Agreement
11.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,128
Rent Arrears
$22,903
Application Fee
$186
Rent Deposit
$1,128
Deposit Interest
$26
Total Owing
$21,883 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.