Hazelview Properties v Downey - LTB Upholds Eviction Order
LTB denies tenants' motion to set aside eviction order for non-payment of rent and breach of conditions
Summarized by RentZenLast updated: September 23, 2024
Case Summary
Unit ****, 200 Dufferin St, Toronto, ON M6K1Z4
Decision in favor of
landlord
Balance Owed to Landlord
$2,500
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Feb 2024
Hearing Date
May 2024
Order Date
Jun 13, 2024
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants and for an order to have the tenants pay the rent they owe because the tenants did not meet a condition specified in the order issued by the LTB on December 22, 2023 with respect to application LTB-L-021449-23-RV.
Determinations
- Tenants failed to meet condition in previous order
- Tenants did not pay rent in full on January 1, 2024
- Tenants failed to pay rent and arrears on subsequent months
- Tenants rely on Ontario Disability Support Program income
- Tenants have lived in unit for approximately 4 years and have 2 dogs
- Tenant, Brian Downey, previously incarcerated and was homeless
Case Study
The tenants failed to meet a condition specified in the order issued by the LTB on December 22, 2023 with respect to application LTB-L-021449-23-RV. The evidence demonstrates that the tenants failed to pay rent and arrears on several occasions, despite relying on income from the Ontario Disability Support Program. After considering all the circumstances, the adjudicator found it would be unfair to set aside the previous order.
Arguments and Actions
Tenant
Actions
Tenants claim there was a suspension of their payments from the Ontario Disability Support Program.
Decision Summary
The motion to set aside the previous order LTB-L-008257-24, issued on February 14, 2024, is denied. The order is confirmed and remains unchanged. The stay of order LTB-L-008257-24 is lifted on July 31, 2024.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Rent Arrears
$2,500
Total Owing
$2,500 (Owed to Landlord)
Source
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