Metcap Living Management Inc. v Chahal Kaur - LTB Ruling on Rent Arrears
Toronto landlord denied eviction, but tenants must pay $11875 in rent arrears over 12 months
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 90 Jameson Ave, Toronto, ON M6K2X6
Dispute resolved in
agreement
Balance Owed to Landlord
$11,875
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2023
Hearing Date
Jul 2023
Order Date
Aug 25, 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. 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 $1,950 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit. However, the adjudicator found that it would not be unfair to grant relief from eviction subject to the conditions set out in the order.
Arguments and Actions
Tenant
Actions
Tenant SCK has been receiving disability but has not been receiving it lately and is appealing the decision to cut off her benefits. Her partner has recently begun new employment.
Decision Summary
The landlord's application for eviction is denied on the condition that the tenants make monthly payments of $1,000 towards the $11,875 owed, plus pay the current month's rent by the due date. If the tenants fail to make any of the required payments, the landlord may apply for an order terminating the tenancy and evicting the tenants.
Reason for Eviction Relief
Tenant SCK has been receiving disability but has not been receiving it lately and is appealing the decision to cut off her benefits. Her partner has recently begun new employment. The tenants offered a payment plan that the landlord was not authorized to accept at the time.
Adjudicator Details
LTB Member
Total Orders
192
Landlord Favorable
97.4%
Tenant Favorable
0.5%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,949
Rent Arrears
$11,689
Application Fee
$186
Rent Deposit
$1,949
Deposit Interest
$35
Total Owing
$11,875 (Owed to Landlord)
Source
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