Tenant with Disability Granted Relief from Eviction: Williams and McDaniel Property Management v Drew
Tenant with disability granted 16-month repayment plan to avoid eviction for non-payment of rent in Sault Ste. Marie
Summarized by RentZenLast updated: September 12, 2024
Case Summary
275 Albert Street East, Sault Ste. Marie, ON P6A6N4
Decision in favor of
tenant
Balance Owed to Landlord
$3,864
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2022
Hearing Date
Nov 2022
Order Date
Jan 2, 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,209.34 per month
- Rent arrears of $3,677 as of November 30, 2022
- Landlord incurred $186 in application filing fees
Case Study
The Tenant demonstrated a viable plan to repay the arrears over an extended 16-month period, despite facing medical and financial challenges. Granting the longer repayment plan would avoid undue hardship to the Tenant and allow her to preserve the tenancy.
Arguments and Actions
Landlord
Arguments
Landlord argued 16-month plan was too long and requested 8-month plan instead.
Tenant
Arguments
Tenant requested 16-month repayment plan to allow time to obtain disability supports and find accessible housing.
Actions
Tenant recently became unemployed due to onset of multiple sclerosis, affecting her ability to work. Tenant making $750 monthly payments to demonstrate good faith.
Decision Summary
The Tenant shall pay the Landlord $3,863.72 in rent arrears and application fees in a 16-month repayment plan, with the first payment due on February 15, 2023. The Tenant shall also pay the lawful monthly rent by the 1st of each month during the repayment period. If the Tenant fails to make any payment, the Landlord may apply to terminate the tenancy.
Reason for Eviction Relief
Tenant demonstrated viable plan to repay arrears despite medical and financial challenges
Adjudicator Details
LTB Member
Total Orders
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Lawful Rent
$1,209
Rent Arrears
$3,677
Application Fee
$186
Rent Deposit
$1,195
Deposit Interest
$24
Total Owing
$3,864 (Owed to Landlord)
Source
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