Last updated: December 14, 2024
Ordered by Ken Audziss,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$8,315
to Landlord
Agree with the ruling?
Citation: Radar Property Management Inc. c/o Bluevale Capital Group Inc. v Oberer, 2024 ONLTB 56047
File Number: LTB-L-024208-24
Application Date (Estimate)
Jan 2024
Hearing Date
Jul 2024
Order Date
Jul 25, 2024
Tenancy End Date
Aug 2024
We estimate Application Date using rent arrears.
The tenancy will be terminated on August 31, 2024 unless the tenant pays $10,941 by July 31, 2024 or $12,736 by August 31, 2024 to void the order. If the tenant does not void the order, they must vacate the unit by August 31, 2024 and pay the landlord $8,314.70 plus daily compensation of $59.01 from July 18, 2024 until the date they move out.
Tenant proposed a new payment plan to address the arrears, which included monthly payments of $500 starting September 15, 2024 and paying the new rent in full and on time.
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's representative submitted that the Tenant misled the Tribunal, and that the Landlord has no faith in the Tenant's statements, consequently seeking a standard eviction order.
Landlord's agent confirmed that after the Tenant fell into arrears, the Landlord sent emails and made phone calls to advise the Tenant of the arrears and request payment arrangements. In March 2024, the parties reached a verbal agreement, later confirmed by email, stipulating that the new rent would be paid in full and on-time starting April 1, 2024, with an additional payment of $500 towards the arrears on or before the 15th of each month, beginning in April 2024. Despite this agreement, the Tenant did not adhere to the terms of the payment plan.
Tenant stated that he did not agree to the amount of the arrears, but ultimately agreed to the arrears amount. Tenant stated that they have been unable to pay the lawful rent because he lost his job, but has since found another job and will be starting a second job in September. Tenant's wife is also starting a second job in August 2024.
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Lawful Rent
$1,795
Rent Arrears
$10,755
Application Fee
$186
Rent Deposit
$1,795
Deposit Interest
$39
Ordered Amount
$8,315 (to Landlord)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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