T-R Liem v Crawford - Landlord and Tenant Board Ruling
Windsor landlord-tenant dispute over non-payment of rent resolved with conditional order allowing tenant to avoid eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 1345 Gladstone Ave, Windsor, ON N8X3N1
Dispute resolved in
agreement
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Sep 2023
Hearing Date
Mar 2024
Order Date
Apr 4, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet a condition specified in a previous order issued by the Board. The Tenant filed a motion to set aside the eviction order.
Determinations
- Tenant failed to pay $400 towards arrears by December 1, 2023 as per previous order
- Outstanding arrears reduced from $6,879.60 to $1,865.60
- Tenant experienced reduction in employment hours, but now has stable income
- Tenant continued to pay monthly rent, even if late
- Landlord's primary complaint is late rent payments, not non-payment
- Tenant has $900 left over each month after expenses, can pay off arrears in 4 months
Arguments and Actions
Landlord
Actions
Landlord's primary complaint is that the Tenant is routinely late when paying the monthly rent
Tenant
Actions
Tenant says he breached the order due to reduction in employment hours, but his employment situation has now stabilized
Decision Summary
The Tenant's motion to set aside the eviction order is granted. The original order is cancelled and replaced with a conditional order requiring the Tenant to pay the outstanding arrears of $1,865.60 in installments by July 15, 2024, and to pay the monthly rent on time. If the Tenant fails to make any of the payments, the Landlord can apply to terminate the tenancy.
Reason for Eviction Relief
Outstanding arrears significantly reduced, Tenant has stable income and can afford payment plan
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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Financial Details
Rent Arrears
$1,866
Total Owing
$1,866 (Owed to Landlord)
Source
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