Prentice v Florentino-Radzio: Structured Payment Plan Avoids Eviction
Tenants negotiate structured payment plan to avoid immediate eviction for significant rent arrears
Summarized by RentZenLast updated: November 14, 2024
Case Summary
470 High Street, Orillia, ON L3V4X7
Dispute resolved in
agreement
Balance Owed to Landlord
$19,529
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Aug 2023
Hearing Date
May 2024
Order Date
Jul 10, 2024
Tenancy End Date
Aug 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. A consent agreement was reached with specific payment conditions to avoid immediate eviction.
Determinations
- Valid N4 Notice served
- Tenants did not void notice by paying arrears
- Tenants still in possession of unit
- Lawful rent is $1,786.06
- No payments made since application filed
- Rent arrears as of May 31, 2024 are $17,642.80
Case Study
Tenant SRD's attempt to unilaterally terminate lease without standard lease was denied. Consent agreement provides structured payment plan to avoid eviction.
Arguments and Actions
Tenant
Arguments
Tenant argued lack of standard lease allows unilateral lease termination
Actions
Tenant SRD attempted to unilaterally remove herself from lease by providing N9 and N11 notices
Procedural Errors
Attempting to unilaterally terminate lease without mutual agreement
Decision Summary
Tenants given structured payment plan to avoid immediate eviction. Must pay arrears and monthly rent by specific dates or face eviction.
Reason for Eviction Relief
Consent agreement with structured payment plan
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$1,786
Rent Arrears
$17,643
Application Fee
$186
Rent Deposit
$1,700
Deposit Interest
$89
Total Owing
$19,529 (Owed to Landlord)
Source
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