Metcap Living Management Inc. v Grant - LTB Ruling on Non-payment of Rent
Etobicoke landlord granted conditional order to avoid eviction of tenant for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
217 15 Jansusie Rd, Etobicoke, ON M9W4V4
Decision in favor of
landlord
Balance Owed to Landlord
$5,082
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jun 2023
Hearing Date
Nov 2023
Order Date
Dec 7, 2023
We estimate Application Date using rent arrears.
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.
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 $2,070 since application filed
- Rent arrears owing to 2023-11-30 are $4,895.77
- Landlord incurred $186 application filing cost
- Landlord holds $939.79 rent deposit with $20.86 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, the cost of filing the application, and the rent deposit with interest.
Arguments and Actions
Landlord
Arguments
Landlord objects to the payment plan and states that the Tenant will not be able to sustain the tenancy and that she presented no proof of her husband's job or the rent bank acceptance.
Actions
Landlord has reached out to the Tenant in the form of multiple letters and the Resident Manager also gave monthly reminders, but there has been no response from the Tenant about rental arrears.
Tenant
Arguments
Tenant is willing to get into a payment plan to pay $450 against arrears each month along with regular rent starting December 1, 2023. She has reached out to a rent bank and may get assistance to pay all the arrears off before the end of the year.
Actions
Tenant is 60 years old, actively looking for a job as a professional cleaner. Her husband works construction and is generally laid off in winter, but has recently taken a more stable full-time position.
Decision Summary
The Tenant is ordered to pay $5,081.77 to the Landlord in arrears and costs, with a payment plan of $450 per month starting December 2023 until October 2024, and the remaining $131.77 by November 2024. If the Tenant fails to make any payment, the Landlord can apply for an order to terminate the tenancy and evict the Tenant.
Reason for Eviction Relief
Tenant willing to preserve tenancy and make payment plan
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$995
Rent Arrears
$4,896
Application Fee
$186
Rent Deposit
$940
Deposit Interest
$21
Total Owing
$5,082 (Owed to Landlord)
Source
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