Tivoli Towers v Luis - LTB Approves Tenant Repayment Plan
LTB approves tenant repayment plan in Tivoli Towers non-payment case, avoiding immediate eviction
Summarized by RentZenLast updated: October 13, 2024
Case Summary
501 Woolner Ave, York, ON M6N1Y7
Dispute resolved in
agreement
Balance Owed to Landlord
$4,244
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2023
Hearing Date
Dec 2023
Order Date
Jan 22, 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,064.56 due on 1st of each month
- Tenant paid $4,458.24 since application filed
- Rent arrears owing to 2023-12-31 are $4,058.24
- Landlord incurred $186 application filing costs
- Landlord holds $990 rent deposit with $156.20 interest
Arguments and Actions
Tenant
Arguments
Tenant proposed a repayment plan of $353.68 per month for 12 months to pay the arrears.
Actions
Tenant testified that he worked for Canada Post which was an unstable temporary position and his income varied between $1000-$2000 per month. He also worked for Uber Eats and was seeking more work to increase his income.
Decision Summary
The Tenant shall pay the Landlord $4,244.24 in arrears and costs in monthly installments of $353.68 from February 2024 to January 2025. The Tenant shall also pay the monthly rent in full and on time during this period. If the Tenant fails to make any payment, the Landlord may apply to the LTB to terminate the tenancy without further notice.
Reason for Eviction Relief
Tenant's proposed repayment plan is reasonable based on his circumstances
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
90.3%
Tenant Favorable
6.5%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$1,065
Rent Arrears
$4,058
Application Fee
$186
Rent Deposit
$990
Deposit Interest
$156
Total Owing
$4,244 (Owed to Landlord)
Source
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