Starlight Blackstar OPCO 2 ULC v Konesh - LTB Ruling on Non-Payment of Rent
Landlord wins non-payment case, tenants given chance to void eviction order by paying $8415 in arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 35 Greenbrae Circt, Scarborough, ON M1H1P8
Decision in favor of
landlord
Balance Owed to Landlord
$8,415
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Sep 28, 2023
Tenancy End Date
Nov 2023
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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,241.68 due on 1st of each month
- Tenants paid $10,157.47 since application filed
- Rent arrears owing to August 31, 2023 are $6,986.87
- Landlord incurred $186 application filing fee
- Landlord holds $1,210.23 rent deposit plus $18.82 interest
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The quantum of arrears and the tenants' current income suggests an inability to comply with a reasonable repayment plan moving forward. However, the order is postponed until November 15, 2023 to provide the tenants additional time to either void the order or find alternative accommodations.
Arguments and Actions
Landlord
Actions
The landlord's representative indicated the landlord has reached out to the tenants for a repayment plan without success, and the arrears are substantial while the tenants' proposed repayment plan is unreasonable.
Tenant
Actions
Tenants indicated the rent arrears accrued as a result of a loss of employment, and the total family income is now $1400/bi-weekly. The tenants proposed to pay back the arrears at a rate of $200/month.
Decision Summary
The tenancy is terminated unless the tenants pay the outstanding rent arrears by November 15, 2023. The tenants may void the order and continue the tenancy by paying the full amount owing by the specified deadlines. If the tenants do not pay the required amount, they must vacate the unit by November 15, 2023 and pay the landlord the remaining balance.
Reason for Eviction Relief
The tenants are long-term tenants with two children, and the rent arrears accrued due to a loss of employment. The postponement of the eviction will provide the tenants additional time to either void the order or find alternative accommodations.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$1,242
Rent Arrears
$18,386
Application Fee
$186
Rent Deposit
$1,210
Deposit Interest
$19
Total Owing
$8,415 (Owed to Landlord)
Source
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