Landlord Wins Non-payment Case: Royal York Property Management v Gagliardi 2024
Bradford tenants owe $34636 in rent, face eviction if not paid by July 21
Summarized by RentZenLast updated: October 13, 2024
Case Summary
113 Aishford Rd, Bradford, ON L3Z0A7
Decision in favor of
landlord
Balance Owed to Landlord
$34,636
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2023
Hearing Date
Jul 2024
Order Date
Jul 10, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
Dispute Summary
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $3,250 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Actions
Landlord testified that after receiving no payments under the previous payment agreement, the trust they had for the Tenants is gone.
Tenant
Arguments
Tenants are seeking an order for a payment plan to pay off the rental arrears and maintain the tenancy.
Actions
Tenants stated they could make a payment of one month's rent by June 19, 2024, $10,000 by July 31, 2024, $5,000 on or before each of August 30, 2024, September 25, 2024, and October 30, 2024, and $3,136 to pay the remaining arrears on November 29, 2024, in addition to paying the new rent as it comes due. The Tenants' explanation for not paying rent was that they were dealing with employment issues, but were now both employed in full-time secure positions.
Decision Summary
Unless the Tenant voids the order by paying $34,636 by July 21, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay the Landlord $25,237.91, which includes rent arrears up to the hearing date and the application filing fee, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
17
Landlord Favorable
82.3%
Tenant Favorable
11.8%
Mutual Agreement
5.9%
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Financial Details
Lawful Rent
$3,250
Rent Arrears
$31,200
Application Fee
$186
Rent Deposit
$3,200
Deposit Interest
$125
Total Owing
$34,636 (Owed to Landlord)
Source
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