Landlord Wins Breach of Conditions Case: Low Properties v Iznerowicz 2023
Orillia tenant evicted for breaching LTB order, owes landlord $3385
Summarized by RentZenLast updated: September 12, 2024
Case Summary
304 Sundial Dr, Orillia, ON L3V4A6
Decision in favor of
landlord
Balance Owed to Landlord
$3,385
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2023
Hearing Date
Jul 2023
Order Date
Jul 26, 2023
Tenancy End Date
Aug 2023
We estimate Application Date using rent arrears.
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant because the tenant did not meet a condition specified in a previous order issued by the LTB.
Determinations
- The order provides that the landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 without notice to the tenant to terminate the tenancy and evict the tenant if the tenant does not meet certain condition(s) in the order.
- The tenant proposed paying $250.00 weekly to pay off the amount owing to the landlord, but the tenant has been late and missed rent payments.
- The landlord's representative has consistently attempted to work with the tenant to resolve rent payment issues, including visiting the tenant at his unit, but the tenant did not respond to these attempts.
- As of the hearing date, the tenant owes the landlord $3,385.11 and has not paid July rent of $1,207.45, despite currently having $1,000.00.
- The adjudicator is not confident that the tenant will comply with a conditional order granting relief from eviction, and it would be unfair to the landlord to grant such relief.
Case Study
The landlord has consistently attempted to work with the tenant to resolve the rent payment issues, but the tenant has been late and missed rent payments throughout the tenancy. The tenant proposed a payment plan, but the adjudicator is not confident that the tenant will comply with a conditional order granting relief from eviction. Considering the time that has elapsed since the application was filed, as well as the outstanding arrears and unpaid July rent, a delay will not be granted.
Arguments and Actions
Landlord
Actions
The landlord's representative has consistently attempted to work with the tenant to resolve the rent payment issues, including visiting the tenant at his unit, but the tenant did not respond to these attempts.
Tenant
Actions
The tenant has been late and missed rent payments throughout the tenancy.
Decision Summary
The tenancy between the landlord and the tenant is terminated. The tenant must move out of the rental unit on or before August 6, 2023. If the unit is not vacated by that date, the landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The tenant shall pay the landlord $3,385.11 less any last month rent deposit and interest owing, representing rent owing to the end of July 2023. The tenant shall also pay the landlord $39.70 per day for compensation for the use of the unit starting August 1, 2023 until the tenant moves out. If the tenant does not pay the full amount owing by August 6, 2023, the tenant will start to owe interest at a simple interest rate of 6.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,207
Rent Arrears
$3,385
Total Owing
$3,385 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.