Last updated: January 12, 2025
Ordered by Alicia Johnson,Tribunals Ontario under Section 21.2, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Previous Order
Overturned
Agree with the ruling?
Citation: Westwood Management International v Rajendra, 2024 ONLTB 66371
File Number: LTB-L-054164-23-RV
Application Date
Jun 2023
Hearing Date
Jul 2024
Order Date
Sep 10, 2024
Tenancy End Date
Oct 2024
The Tenant's request for review was granted. A de novo hearing was ordered. The Landlord's application to terminate the tenancy and evict the Tenants for non-payment of rent was granted. The Tenants were given until October 31, 2024 to void the order by paying the outstanding rent arrears of $8,279.80 or $10,328.09 if paid by October 31, 2024. If the Tenants do not pay the required amount, the tenancy will be terminated and the Landlord may enforce the eviction.
Considering the length of the tenancy, the elderly tenant with medical conditions, and the baby in the unit, it is not unfair to postpone the eviction to October 31, 2024 to give the Tenants an opportunity to either find alternate housing or pay off the arrears.
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 had remained in possession of the rental unit at the time of the hearing.
Landlord argues that the Tenant's request for review should be denied as they have demonstrated an inability to adhere to repayment agreements in the past.
Tenant argues that they should be given an opportunity to continue the tenancy by paying the outstanding rent arrears, as their financial situation has improved.
Tenant attended the January 15, 2024 hearing, met with duty counsel, but had to drop off the call due to a family health emergency. Tenant's household income has improved since the application was filed, with the son now employed and able to assist with rent payments.
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Lawful Rent
$2,048
Rent Arrears
$4,183
Rent Deposit
$1,885
Deposit Interest
$26
Ordered Amount
$8,280 (to Landlord)
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