IMH Pool XX LP v Smith - LTB Grants Landlord Conditional Relief from Eviction
Landlord granted conditional order to allow tenants to pay off $5137 in rent arrears and avoid eviction in Mississauga case
Summarized by RentZenLast updated: November 3, 2024
Case Summary
355 7170 Darcel Ave, Mississauga, ON L4T3T5
Decision in favor of
landlord
Balance Owed to Landlord
$5,137
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Apr 2024
Hearing Date
Jun 2024
Order Date
Jul 10, 2024
We estimate Application Date using rent arrears.
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 at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenants paid $7,434 since application filed
- Rent arrears owing to June 30, 2024 are $3,379.12
- Tenants do not dispute arrears amount
- Landlord incurred $186 application filing costs
- Landlord holds $1,505.50 rent deposit
- Interest on rent deposit is $17.01
Arguments and Actions
Tenant
Actions
Tenant testified she lost her job on April 2, 2024 and her only income is $2,360 per month in Employment Insurance. Tenant has a 10-year-old grandchild living with her and one adult daughter who is attempting to obtain ODSP.
Decision Summary
The Landlord's application is granted, but the Tenants are given a payment plan to pay the rent arrears and avoid eviction. The Tenants must pay $5,137.36 in arrears and costs according to a specified schedule, and continue to pay new rent on time. If the Tenants fail to make any of the payments, the Landlord can apply to terminate the tenancy and evict the Tenants.
Reason for Eviction Relief
Tenants have resided in the rental unit for 11 years, Tenant lost job and has limited income, Tenant has 10-year-old grandchild living with her, and Tenant is making efforts to preserve the tenancy
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
91.9%
Tenant Favorable
4.8%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$1,572
Rent Arrears
$3,379
Application Fee
$186
Rent Deposit
$1,506
Deposit Interest
$17
Total Owing
$5,137 (Owed to Landlord)
Source
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