Cui v Fathi
Last updated: October 12, 2026
Order
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Citation: Cui v Fathi, LTB-L-036680-26
File Number: LTB-L-036680-26
Timeline
Application Date (Estimate)
May 2026
Hearing Date
Jun 2026
Order Date
Jul 31, 2026
We estimate Application Date using rent arrears.
Decision
The Landlord's application for eviction is granted conditionally, allowing the Tenants to pay off arrears and costs in monthly installments of $300.00.
Reason for Eviction Relief
Tenants are only one month in arrears, are financially capable of paying through installments, and were never offered a payment plan by the Landlord.
Dispute
The Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent.
Determinations
- The Landlord served the Tenants with a valid N4 notice, and the Tenants did not void it.
- The lawful monthly rent is $3,000.00.
- The rent arrears owing to June 30, 2026, are $3,000.00.
- The Landlord incurred $186.00 in filing costs.
- The total amount owing is $3,186.00.
- Relief from eviction was granted under s. 83 allowing a payment plan.
Landlord's Arguments
Actions and Evidence
Landlord testified they never discussed a payment arrangement with the Tenant.
Considerations
Tenant's Arguments
Arguments
Requested conditional relief under section 83 of the Act to pay off arrears through a monthly payment plan.
Actions and Evidence
Tenant testified she fell into arrears due to tensions in Iran and difficulties receiving funds from family, and sought conditional relief.
Considerations
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Capreit Limited Partnership v Cousineau
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