Last updated: October 13, 2024
Ordered by Kate Sinipostolova,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$14,476
to Landlord
Agree with the ruling?
Citation: Virhia v Macgillivary, 2024 ONLTB 12845
File Number: LTB-L-062988-23
Application Date (Estimate)
Mar 2023
Hearing Date
Jan 2024
Order Date
Feb 22, 2024
We estimate Application Date using rent arrears.
The Landlord's application to terminate the tenancy and evict the Tenants due to non-payment of rent is granted. However, the Board is granting conditional relief from eviction to the Tenants, subject to the Tenants making monthly payments towards the rent arrears over a 12-month period.
Tenant's disability and close-knit family living in the building
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 on the hearing date.
Landlord opposed the Tenant's payment plan request and submitted that he is prejudiced by the large arrears, and believes the Tenant cannot afford the rental unit and will default on the conditional order.
Tenant argued that the maintenance issues in the unit, including fire code violations, warrant relief from eviction under section 83(3)(a) of the Act.
Tenant fell behind in rent due to a bad business decision, and his co-tenant has a physical disability. Tenant requested a 12-month payment plan.
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Lawful Rent
$1,300
Rent Arrears
$14,290
Application Fee
$186
Rent Deposit
$1,300
Deposit Interest
$80
Ordered Amount
$14,476 (to Landlord)
Click to switch between order outcomes
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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