Last updated: September 12, 2024
Ordered by Candace Aboussafy,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Ordered Amount
$186
to Landlord
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Citation: Metcap Living Management Inc. v Koftinow, 2023 ONLTB 65139
File Number: LTB-L-004433-23
Hearing Date
Sep 2023
Order Date
Oct 3, 2023
The Landlord's application for eviction is denied on the condition that the Tenant pays the monthly rent on time for 12 months. If the Tenant fails to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Tenant must also pay the Landlord's $186 application fee.
The Tenant has not made any payments on time since service of the notice, but he submitted that he can pay on time once an amount is established for the arrears and he knows what needs to be paid. Considering all the circumstances, it would not be unfair to impose a conditional order that the rent be paid on time for 12 months.
Landlord applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent. The Landlord served a valid N8 Notice of Termination alleging the Tenant paid rent late 5 out of 9 months. The Tenant was in possession of the rental unit on the application date.
Landlord argued tenancy is no longer viable and sought termination, but Board granted conditional order to preserve tenancy.
Tenant argued Landlord breached obligations under the Act, but Board found these issues were not serious or ongoing breaches.
Tenant was unable to pay rent on time due to confusion over amount owed due to conflicting information from Landlord.
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Lawful Rent
$1,011
Application Fee
$186
Ordered Amount
$186 (to Landlord)
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