Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$2,980
to Landlord
Agree with the ruling?
Citation: METCAP LIVING MANAGEMENT INC. v Jex, 2025 ONLTB 4103
File Number: LTB-L-071854-24
Application Date (Estimate)
Dec 2024
Hearing Date
Jan 2025
Order Date
Jan 14, 2025
Tenancy End Date
Jan 2025
We estimate Application Date using rent arrears.
The Landlord's application to terminate the tenancy and evict the Tenants due to non-payment of rent is granted, but the Tenants are granted conditional relief from eviction. The Tenants must pay $2,980.05 in arrears and new rent on time going forward, or the Landlord can apply to terminate the tenancy without further notice.
Tenant's income and expenses show ability to pay arrears and ongoing rent, and eviction should be a last resort
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 on the hearing date.
Landlord sought termination of the tenancy to January 31, 2025, in consideration of the Tenant's two children.
Landlord's representative submitted that there is no guarantee the Tenant will pay the $250 per month in arrears, and the Tenant's income cannot sustain the rent, living expenses, and arrears payments.
Tenant argued that if evicted, he and his two children would have to couch surf or go to a homeless shelter.
Tenant testified that he has been financially helping his sister after her husband passed away, but has stopped and can now provide a payment plan to the Landlord.
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Lawful Rent
$1,857
Rent Arrears
$2,794
Application Fee
$186
Rent Deposit
$1,797
Deposit Interest
$31
Ordered Amount
$2,980 (to Landlord)
Click to switch between order outcomes
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Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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