Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$589
to Landlord
Agree with the ruling?
Citation: IMH POOL XX LP v Campbell, 2024 ONLTB 89167
File Number: LTB-L-079552-23
Application Date
Dec 2023
Hearing Date
Sep 2024
Order Date
Dec 3, 2024
The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent is granted. However, the Tenant is given conditional relief from eviction and ordered to pay the arrears and costs in installments over 15 months. The Tenant must also pay new rent on time and in full until the arrears are paid.
Tenant is a long-term resident, senior citizen with disabilities, on fixed income
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.
Landlord argued the past due notices do not constitute harassment, as they are required under the Act when there are rent arrears.
Landlord submitted evidence showing $403.41 in rent arrears as of 2024-09-30. Landlord stated it had attempted to resolve the arrears issue prior to filing the application.
Tenant argued the N1 rent increase notice was invalid, but this was not accepted by the LTB member.
Tenant testified that since the THAP payment error, he now receives the $400 assistance directly and provides it to the Landlord along with his portion when rent is due. Tenant believes there may be an accounting error and no arrears.
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Lawful Rent
$1,408
Rent Arrears
$403
Application Fee
$186
Ordered Amount
$589 (to Landlord)
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