Tenant Avoids Eviction in Glen Suites v Begbie 2023 LTB Case: Glen Suites v Begbie 2023
Oshawa tenant avoids eviction for non-payment of rent after demonstrating ability to pay arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
511 Glen St, Oshawa, ON L1J3V2
Decision in favor of
tenant
Balance Owed to Landlord
$10,241
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2022
Hearing Date
Feb 2023
Order Date
Apr 11, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,471.26 per month
- Tenant paid $1,500 since application filed
- Rent arrears to Feb 28, 2023 are $10,054.75
- Landlord incurred $186 in application costs
- Tenant paid $1,390 rent deposit, with $24.85 interest
Case Study
The Tenant fell into arrears due to a disruption in employment, but has since obtained stable employment and is able to pay the arrears and ongoing rent. Preserving the tenancy subject to conditions is fair in the circumstances.
Arguments and Actions
Landlord
Actions
Landlord's witness testified that the large arrears balance causes significant prejudice as the funds are required for maintenance of the residential complex. The Landlord also had a previous application before the Board regarding the Tenant's non-payment history.
Tenant
Actions
Tenant explained that the arrears accumulated due to a disruption in her employment over 9 months, leading to inconsistent income. She is now in a position to pay the arrears and rent on time.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenant pays the rent arrears and ongoing rent according to a specified payment schedule. If the Tenant fails to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
Tenant fell into arrears due to employment disruption, but now has stable employment and can pay arrears and ongoing rent
Adjudicator Details
LTB Member
Total Orders
549
Landlord Favorable
94.0%
Tenant Favorable
2.7%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$1,471
Rent Arrears
$10,055
Application Fee
$186
Rent Deposit
$1,390
Deposit Interest
$25
Total Owing
$10,241 (Owed to Landlord)
Source
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