IMH POOL VIII v Muhiadian - LTB Ruling on Non-payment of Rent
Mississauga landlord granted conditional relief in non-payment case, tenant ordered to pay $11469 in arrears over 12 months
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 2185 Sheridan Park Dr, Mississauga, ON L5K1C7
Decision in favor of
landlord
Balance Owed to Landlord
$11,469
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2023
Hearing Date
Sep 2023
Order Date
Oct 4, 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 rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,806.42 per month
- No payments made since application filed
- Rent arrears of $11,282.52 as of 2023-09-30
- Landlord incurred $186 in filing costs
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears. The Tenant was still in possession of the rental unit at the time of the hearing. The Tenant's household income was found to be sufficient to cover the expenses and meet the proposed payment plan, and the loss of the tenancy would be prejudicial to the Tenant due to the age of the children and the long tenancy. Therefore, the Tenancy can be preserved with a reasonable payment plan.
Arguments and Actions
Landlord
Actions
Landlord seeks termination of tenancy, submitting that Tenant has not made any good faith payments since March 2023 and has made no attempts to communicate with the Landlord.
Tenant
Arguments
Tenant proposed paying the new rent as it comes due and $1,000 each month towards the arrears starting October 2023.
Actions
Tenant fell behind on rent due to unexpected events in 2022, including having to visit and care for her father who passed away. Tenant was a student and not employed for a year prior to July 2023.
Decision Summary
The Tenant is ordered to pay the Landlord $11,468.52, which includes rent arrears up to September 30, 2023 and the Landlord's filing costs. The Tenant is given a payment plan to pay the arrears over 12 months, and must also pay the new rent on time and in full. If the Tenant fails to make any of the required payments, the Landlord may apply to terminate the tenancy and evict the Tenant.
Reason for Eviction Relief
Tenant's household income is sufficient to cover expenses and meet proposed payment plan. Loss of tenancy would be prejudicial to Tenant due to age of children and long tenancy.
Adjudicator Details
LTB Member
Total Orders
96
Landlord Favorable
90.6%
Tenant Favorable
7.3%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,806
Rent Arrears
$11,283
Application Fee
$186
Rent Deposit
$1,762
Deposit Interest
$31
Total Owing
$11,469 (Owed to Landlord)
Source
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