IMH Pool XV LP v Lou Canlas - LTB Grants Relief from Eviction
LTB grants relief from eviction to tenants in Toronto non-payment case, allows payment plan
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 65 Silver Springs Blvd, Toronto, ON M1V1W1
Decision in favor of
tenant
Balance Owed to Landlord
$5,711
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2024
Hearing Date
Apr 2024
Order Date
Apr 19, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,984.34 due on 1st of each month
- Tenants paid $4,685.50 since application filed
- Rent arrears owing to 2024-04-30 are $5,525.22
- Landlord incurred $186 application filing fee
Arguments and Actions
Landlord
Arguments
Landlord's representative stated that a payment plan was not an option as the arrears exceeded $2,500.
Tenant
Arguments
Tenant proposed a payment plan to pay the arrears within 2 months.
Actions
Tenant testified that she was advised by the Landlord of the rent bank in November 2023, and submitted a request for a payment plan in January 2024 but did not receive a response from the Landlord.
Decision Summary
The tenancy may continue if the Tenants pay the rent arrears of $5,711.22 in installments by June 30, 2024 and pay the lawful monthly rent for May and June 2024 on time. If the Tenants fail to make any of the required payments, the Landlord may apply to terminate the tenancy and evict the Tenants without further notice.
Reason for Eviction Relief
Tenant wants to pay arrears and proposed a reasonable payment plan
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
87.1%
Tenant Favorable
9.7%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$1,984
Rent Arrears
$5,525
Application Fee
$186
Rent Deposit
$1,913
Deposit Interest
$12
Total Owing
$5,711 (Owed to Landlord)
Source
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