Starlight Canadian Residential Growth Fund v Balizs - LTB Conditional Relief Order
LTB grants conditional relief to Etobicoke tenants in non-payment of rent dispute, orders repayment plan
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 580 The East Mall, Etobicoke, ON M9B4A7
Dispute resolved in
agreement
Balance Owed to Landlord
$12,509
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2023
Hearing Date
Aug 2023
Order Date
Oct 26, 2023
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. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenants paid $8,370 since application filed
- Rent arrears owing to 2023-08-31 are $12,323.20
- Landlord incurred $186 in filing costs
- Landlord holds $2,431.58 rent deposit
- Interest on deposit is $40.14
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord is entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit. However, the tribunal granted conditional relief from eviction in the form of a repayment plan, as the tenancy was found to be viable and the plan feasible.
Arguments and Actions
Landlord
Arguments
Landlord's representative submitted that the landlord is seeking the standard 11-day voidable order, as the tenants have been behind on rent for some time and previous attempts of repayment have not been followed.
Tenant
Arguments
Tenants proposed a payment plan to pay back the arrears owed to the landlord and continue the tenancy.
Actions
Tenants submitted that a lump-sum payment had been made a few days prior to the hearing via online banking, but the landlord's representative could not confirm this.
Decision Summary
The tribunal granted conditional relief from eviction in the form of a repayment plan, as the tenancy was found to be viable and the plan feasible. The tenants are ordered to pay $12,509.20 to the landlord in installments over 9 months, as well as the ongoing monthly rent. If the tenants fail to make the payments, the landlord may apply for an order terminating the tenancy and evicting the tenants.
Reason for Eviction Relief
The tribunal found the tenancy to be viable and the repayment plan feasible, and that it would not be unfair to grant relief from eviction subject to the conditions set out in the order.
Adjudicator Details
LTB Member
Total Orders
71
Landlord Favorable
80.3%
Tenant Favorable
11.3%
Mutual Agreement
8.4%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,482
Rent Arrears
$12,323
Application Fee
$186
Rent Deposit
$2,432
Deposit Interest
$40
Total Owing
$12,509 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.