Toronto Community Housing Corporation v Lynniesha Brooks - 2023 ONLTB 41590
Landlord wins non-payment case, but tenant granted conditional relief from eviction in Etobicoke
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1312 Humberline Dr, Etobicoke, ON M9W6J5
Decision in favor of
landlord
Balance Owed to Landlord
$14,216
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jun 9, 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant did not pay the rent that the Tenant owes.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $11.51 since application filed
Case Study
The Landlord served the Tenant with a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears. As of the hearing date, the Tenant was still in possession of the rental unit. The Landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant makes the specified payments to the Landlord. If the Tenant fails to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and the balance owing shall become payable with interest.
Reason for Eviction Relief
Parties consented to a payment plan
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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Financial Details
Lawful Rent
$987
Rent Arrears
$14,030
Application Fee
$186
Rent Deposit
$959
Deposit Interest
$21
Total Owing
$14,216 (Owed to Landlord)
Source
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