JAKRAL HOLDINGS INC v Howard - LTB Conditional Relief Order
Mississauga tenants granted conditional relief from eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 2030 Barsuda Dr, Mississauga, ON L5J1V8
Dispute resolved in
agreement
Balance Owed to Landlord
$3,996
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2023
Hearing Date
Aug 2023
Order Date
Oct 23, 2023
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,605.94 per month
- Tenants paid $4,719.76 since application filed
- Rent arrears owing to 2023-08-31 are $3,809.94
- Landlord incurred $186 in filing costs
- Landlord holds $1,544.45 rent deposit
- Interest on rent deposit is $25.49
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The Landlord is entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit. However, considering the tenants' circumstances, it would not be unfair to provide conditional relief from eviction in the form of a repayment plan.
Arguments and Actions
Landlord
Arguments
Landlord is seeking the standard 11-day voidable order as the Tenants have been behind on rent for some time and previous attempts of repayment have not been followed.
Tenant
Arguments
Tenants proposed a payment plan to pay back the arrears owed to the Landlord and continue the tenancy.
Actions
Tenants have been living in the rental unit for nearly 13 years and work in the area. Tenant Plummer Howard walks to work which is located close by.
Decision Summary
The Tenants are ordered to pay $3,995.94 to the Landlord, which includes rent arrears and filing costs, in accordance with a repayment plan. If the Tenants fail to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
Reason for Eviction Relief
Tenants have been living in the unit for nearly 13 years, work in the area, and proposed a feasible repayment plan
Adjudicator Details
LTB Member
Total Orders
71
Landlord Favorable
80.3%
Tenant Favorable
11.3%
Mutual Agreement
8.4%
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Financial Details
Lawful Rent
$1,606
Rent Arrears
$3,810
Application Fee
$186
Rent Deposit
$1,544
Deposit Interest
$25
Total Owing
$3,996 (Owed to Landlord)
Source
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