MetCap Living Management Inc. v Amyan - LTB Ruling on Non-payment of Rent
Etobicoke landlord wins non-payment case, but tenant granted conditional relief to repay $14125 in arrears and avoid eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 40 Stevenson Rd, Etobicoke, ON M9V2B2
Decision in favor of
landlord
Balance Owed to Landlord
$14,125
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2023
Hearing Date
Apr 2024
Order Date
May 29, 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 $8,450 since application filed
- Rent arrears owing to April 30, 2024 are $13,939.10
- Landlord incurred $186 in filing costs
- Tenant has $2,049 rent deposit and $71.72 interest
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Landlord was entitled to the rent arrears up to the hearing date, as well as the cost of filing the application, minus the rent deposit and interest on the deposit. However, considering the Tenant's personal circumstances, a payment plan was appropriate.
Arguments and Actions
Tenant
Arguments
Tenant wishes to preserve tenancy and repay arrears through a payment plan
Actions
Tenant is a mother of 3 young children, faces homelessness if evicted, and is working with organizations to pay arrears
Decision Summary
The Tenant shall pay the Landlord $14,125.10 for rent arrears and costs by paying $500 per month from June 2024 to October 2026, and $125.10 in November 2026. The Tenant shall also pay new rent in full on the 1st of each month from June 2024 to November 2026 or until the arrears are paid. If the Tenant fails to make any payment, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
Tenant is a mother of 3 young children, has no other housing options, and is working with organizations to pay arrears
Adjudicator Details
LTB Member
Total Orders
12
Landlord Favorable
91.7%
Tenant Favorable
8.3%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,100
Rent Arrears
$13,939
Application Fee
$186
Rent Deposit
$2,049
Deposit Interest
$72
Total Owing
$14,125 (Owed to Landlord)
Source
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