Villa Otthon (Lambton) v Aliberti - LTB Grants Tenant's Motion to Set Aside Eviction Order
LTB grants tenant's motion to set aside eviction order, allows long-term tenant to remain with payment plan
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 4049 Dundas St W, York, ON M6S4Z5
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
May 2024
Order Date
May 10, 2024
We estimate Application Date using rent arrears.
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 on July 27, 2023. The Tenant filed a motion to set aside the order issued on March 1, 2024.
Determinations
- Tenant breached the order issued on July 27, 2023, by failing to pay February's rent in full and $300 towards the arrears by February 1, 2024
- Tenant is an Indigenous woman with no income, relying on her husband's ODSP benefits
- Tenant missed the arrears payment due to unexpected travel expenses to visit her seriously ill mother-in-law
- Tenant failed to pay February's rent in full due to ODSP not being aware of a rent increase
- Tenant has lived in the rental unit since 2008, this is a long-term tenancy
- Tenant can afford to pay the ongoing monthly rent and arrears with a payment plan, with financial adjustments and assistance from legal aid and ODSP
Arguments and Actions
Tenant
Actions
Tenant's mother-in-law was seriously ill, causing unexpected travel expenses that led to missed arrears payment
Decision Summary
The Tenant's motion to set aside the eviction order is granted. A new order is issued replacing the previous consent order, with a payment plan for the Tenant to pay the outstanding arrears of $6,931 over 14 months. The Tenant must also pay the ongoing monthly rent in full. If the Tenant fails to make any of the payments, the Landlord may apply to terminate the tenancy and evict the Tenant.
Reason for Eviction Relief
Tenant is an Indigenous woman with no income, relying on her husband's ODSP benefits. Tenant has lived in the rental unit since 2008. Tenant can afford to pay the ongoing rent and arrears with a payment plan and financial assistance.
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
Lawful Rent
$1,108
Rent Arrears
$6,931
Total Owing
$6,931 (Owed to Landlord)
Source
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