Homestead Land Holdings Limited v Landry - LTB Grants Tenant Relief from Eviction
Tenant granted relief from eviction in Homestead Land Holdings Limited v Landry rent dispute, allowed to pay arrears in installments
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 2700 Saratoga Pl, Gloucester, ON K1T1W4
Decision in favor of
tenant
Balance Owed to Landlord
$3,020
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Dec 2023
Order Date
Feb 13, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to meet conditions specified in a previous order, including non-payment of rent. The Tenant testified that she has been paying rent but not the full amount due to an increase, and suggested a new payment plan.
Determinations
- Tenant did not meet conditions in previous order to pay rent on time
- Tenant has been paying less than full rent amount due to confusion over increase
- Tenant suggested affordable payment plan to clear arrears
- Considering children in unit and affordability, granting one more opportunity to maintain tenancy
Arguments and Actions
Landlord
Actions
Landlord submitted that Tenant's account has not been in good standing since January 2021 and that Tenant being confused is not an adequate reason to allow another payment plan.
Tenant
Actions
Tenant testified she has been paying rent but not the full amount due to confusion over rent increase, and suggested an affordable payment plan.
Decision Summary
The Tenant is granted one more opportunity to maintain the tenancy by paying $250 per month towards the arrears starting February 2024, and paying new rent on time. If the Tenant fails to make any of the payments, the Landlord can apply to terminate the tenancy without further notice.
Reason for Eviction Relief
Considering children in unit and affordability of payment plan
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Rent Arrears
$2,834
Application Fee
$186
Rent Deposit
$1,516
Deposit Interest
$35
Total Owing
$3,020 (Owed to Landlord)
Source
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