Metcap Living Management Inc v Woldemariam - LTB Grants Tenant Payment Plan
Tenant granted 15-month payment plan to avoid eviction in East York non-payment of rent case
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1215 Woodbine Ave, East York, ON M4C4H1
Decision in favor of
tenant
Balance Owed to Landlord
$15,181
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Dec 2023
Order Date
Jan 17, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,758.63 per month
- Rent arrears owing to January 31, 2024 are $14,995.27
- Landlord incurred $186 in filing costs
Case Study
The Tenant sought relief under s. 83 in the form of a payment plan to preserve the tenancy. The Landlord sought a standard eviction order. Given that the Tenant submitted a reasonable payment plan, it was appropriate to give the Tenant one final opportunity to preserve the tenancy, subject to the conditions set out in the order.
Arguments and Actions
Landlord
Arguments
The Landlord's representative's position was that the payment plan suggested by the Tenant would take too long to pay off the arrears.
Tenant
Arguments
The Tenant sought relief under s. 83 in the form of a payment plan to preserve the tenancy.
Decision Summary
The Tenant is ordered to pay the Landlord $15,181.27 for rent arrears and costs, in accordance with a payment schedule. If the Tenant fails to make any of the scheduled payments, the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
The Tenant submitted a reasonable payment plan that would pay off the arrears in approximately one year and three months.
Adjudicator Details
LTB Member
Total Orders
41
Landlord Favorable
85.4%
Tenant Favorable
14.6%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,759
Rent Arrears
$14,995
Application Fee
$186
Total Owing
$15,181 (Owed to Landlord)
Source
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