Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Previous Order
Overturned
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Citation: Dogar v Allen, 2024 ONLTB 26249
File Number: LTB-L-006147-24-SA
Hearing Date
Apr 2024
Order Date
Apr 11, 2024
The Board granted the Tenant's motion to set aside the eviction order, giving the Tenant one more opportunity to continue the tenancy by paying $1,000 per month towards the $17,713 in arrears, in addition to paying the monthly rent.
Tenant cited unexpected medical issues with wife as reason for not meeting financial obligations, and proposed a new payment plan that the Board found reasonable
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's failure to pay rent as per a previous consent order. The Tenant filed a motion to set aside the eviction order.
Landlord opposed the Tenant's motions, stating that the Tenant has a history of arrears and has had ample opportunity to make the payments.
Landlord acknowledged that the Tenant has made arrears payments which has reduced the arrears from the original application from around $21,438.00 to $17,527.00. The Landlord states that he is a small Landlord and the impact of arrears is significant.
Tenant said the Landlord is withholding payment for utilities as negotiated in the lease agreement. Tenant said he has not filed any tenant applications before the Board.
Tenant said he has paid around $8,337 toward the arrears and has paid rent to February 2024. Tenant acknowledged the high arrears but said that due to serious medical issues with his wife, they were not able to meet their financial obligations.
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Rent Arrears
$17,527
Ordered Amount
$17,713 (to Landlord)
Click to switch between order outcomes
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