CLEARVIEW APARTMENTS v Ralph
Last updated: November 3, 2024
Order
Ordered by Henry Yeung,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: CLEARVIEW APARTMENTS v Ralph, 2024 ONLTB 44049
File Number: LTB-L-088840-23
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 26, 2024
Tenancy End Date
Jul 2024
Decision
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
Dispute
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
Landlord's Arguments
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 and Evidence
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's Arguments
Arguments
Tenant proposed a 10-year long payment plan to preserve the tenancy. Alternatively, Tenant requested until July 15, 2024 to move out.
Actions and Evidence
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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