Last updated: November 3, 2024
Ordered by Henry Yeung,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Ordered Amount
$12,586
to Landlord
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Citation: Watra Propertry Management Inc. v Fekete, 2024 ONLTB 44019
File Number: LTB-L-088714-23
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 7, 2024
The Landlord's application was granted, but the Tenant was granted conditional relief from eviction. The Tenant must pay the rent arrears of $12,586 in installments by January 15, 2026, and also pay new rent on time. If the Tenant fails to comply with the payment schedule, the Landlord can apply to terminate the tenancy without further notice.
Tenant experienced a series of setbacks that impacted their ability to pay rent, including a family member's injury, a miscarriage, and the Tenant's own illness. There are also young children in the household.
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 at the time of the hearing.
Landlord objected to a payment plan, arguing that the Tenant had income but chose not to pay the rent.
Landlord submitted that they reached out to the Tenant at various times to address the arrears, but received no response.
Tenant wanted to preserve the tenancy.
Tenant testified that there are two young children in the house, her husband had broken his ribs, her daughter suffered a miscarriage, and the Tenant got sick in October, which impacted her ability to work.
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Lawful Rent
$1,900
Rent Arrears
$12,400
Application Fee
$186
Ordered Amount
$12,586 (to Landlord)
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