MEDALLION CORPORATION v James - LTB Upholds Landlord's Eviction Order
LTB upholds landlord's eviction order against tenant who failed to pay rent during maternity leave
Summarized by RentZenLast updated: September 12, 2024
Case Summary
118 Wellington St S, Hamilton, ON L8N2R7
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 17, 2023
Tenancy End Date
May 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The tenant requested a review of the original order, alleging that she did not receive the notice of hearing. The board granted the review request, finding that the tenant had not received the notice. At the review hearing, the tenant admitted to owing the rent arrears claimed by the landlord, but proposed a repayment plan that the landlord found unacceptable. The board found that the tenancy was no longer viable and confirmed the original order.
Determinations
- Tenant did not receive notice of hearing
- Tenant admitted to owing rent arrears
- Tenant's proposed repayment plan not viable
- Tenancy no longer viable
Case Study
The board found that the tenant had not received the notice of hearing for the original order, and therefore granted the review request. However, the board ultimately confirmed the original order, finding that the tenant's proposed repayment plan was not viable and that the tenancy was no longer sustainable.
Arguments and Actions
Landlord
Arguments
Landlord submitted that the tenant's proposed repayment plan would take over 4 years to pay off the arrears, and the tenant's expenses exceed her income.
Actions
Landlord's representative said there is a building-wide policy to reach out to tenants in arrears about payment plans, but the tenant did not reach out until the last few weeks.
Tenant
Actions
Tenant said she has been on maternity leave since summer 2022 and receives child tax credit, rental assistance, and maternity pay totaling $1,500 per month. She said she has other essential expenses like car insurance and intends to return to work in August 2023.
Decision Summary
The board granted the tenant's request for a review, finding that she had not received the notice of hearing for the original order. However, the board ultimately confirmed the original order, finding that the tenant's proposed repayment plan was not viable and that the tenancy was no longer sustainable. The stay on the original order was lifted on May 15, 2023.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$750
Source
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