Ellen Mcgreal Housing Co-operative Inc. v Cort - LTB Ruling on Non-payment of Rent
Co-op member ordered to vacate unit and pay over $12000 in rent arrears
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 35 Sewells Road, Toronto, ON M1B4Z2
Decision in favor of
landlord
Balance Owed to Landlord
$12,047
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2023
Hearing Date
Nov 2023
Order Date
Jan 24, 2024
Tenancy End Date
Feb 2024
We estimate Application Date using rent arrears.
Dispute Summary
The Co-op applied for an order to end the occupancy of the member unit and evict the Co-op Member because the Co-op Member did not pay the regular monthly housing charges and has been persistently late paying the housing charge.
Determinations
- The Co-op served the Co-op Member with valid N4C and N8C Notices
- The Co-op Member was still in possession of the member unit as of the hearing date
- The regular monthly housing charge is $1,283.00, due on the 1st of each month
- The regular monthly housing charges owing to November 30, 2023 are $11,990.00
- The Co-op incurred $201.00 in filing costs
- There are no refundable deposits held by the Co-op
- The Co-op seeks a non-remedial termination
Arguments and Actions
Landlord
Arguments
The Co-op submits that the Co-op Member has had many notifications about the arrears, she had her slip and fall accident in May 2022, and then the Co-op gave her two months of free rent. The Co-op submits that they have orders from the Board dating back to 2018, the Co-op Member admits that she owes almost $12,000.00 to the Co-op, she has been persistently late in paying her rent, she has repeatedly breached payment plans, and there is no chance a new payment plan would succeed.
Actions
The Co-op's agent, N. Legacy, said that the Co-op Member moved into her unit in January 2018, and she has not had a zero balance of her account since early 2018. She said that the Co-op Board has agreed repayment plans with the Co-op Member, and they have tried to work with her, but it has not been successful.
Tenant
Arguments
The Co-op Member submits that she seeks to remain a member of the Co-op, she has nowhere to go, and she will be able to meet a payment plan.
Actions
The Co-op Member said that the arrears stem from a slip and fall last year that resulted in a broken arm. She said that she was meeting the terms of a payment plan, but then she was out of work.
Decision Summary
The Co-op Member's occupancy is terminated on February 29, 2024. The Co-op Member owes the Co-op $12,046.86, including arrears and filing costs. If the unit is not vacated by February 29, 2024, the Co-op may file the order with the Court Enforcement Office for enforcement starting March 1, 2024.
Reason for Eviction Relief
to permit the Co-op Member more time to find an alternative place to live
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$1,283
Rent Arrears
$11,990
Application Fee
$201
Total Owing
$12,047 (Owed to Landlord)
Source
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