IMH Pool XX LP v Grant - Landlord Wins Non-payment Case
Mississauga landlord wins non-payment case, tenant ordered to pay $11301 or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
225 7170 Darcel Ave, Mississauga, ON L4T3T5
Decision in favor of
landlord
Balance Owed to Landlord
$11,301
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Feb 8, 2024
Tenancy End Date
Feb 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $26,168 into LTB since application
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenant provided unreliable evidence regarding their financial situation and it was unclear if the tenant intended to continue the tenancy. Granting relief from eviction would be unfair in this case.
Arguments and Actions
Landlord
Arguments
Landlord's representative submitted that the proposed repayment plan was unreasonable given its duration and the lack of a concrete plan.
Tenant
Actions
Tenant offered a 26-month repayment plan based on his and his girlfriend's income, but the evidence provided was unreliable and contradictory.
Decision Summary
The tenancy will be terminated unless the tenant pays $11,301.33 by February 19, 2024 to void the order. If the tenant does not pay, the tenancy will be terminated and the tenant must pay $7,260.15 plus daily compensation of $69.88 starting January 4, 2024 until the tenant moves out.
Adjudicator Details
LTB Member
Total Orders
76
Landlord Favorable
86.8%
Tenant Favorable
11.8%
Mutual Agreement
1.3%
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Financial Details
Lawful Rent
$2,125
Rent Arrears
$8,990
Application Fee
$186
Total Owing
$11,301 (Owed to Landlord)
Source
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