Zorrilla v Linhares - LTB Grants Conditional Relief in Rent Dispute
LTB grants conditional relief to Keswick tenants in non-payment of rent case, allowing them to pay arrears in installments to avoid eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
158 Biscayne Blvd, Keswick, ON L4P3L1
Dispute resolved in
agreement
Balance Owed to Landlord
$7,386
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Apr 2023
Hearing Date
Jul 2023
Order Date
Sep 15, 2023
We estimate Application Date using rent arrears.
Dispute Summary
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,520 due on 1st of each month
- Tenants paid $8,000 since application filed
- Rent arrears owing to July 31, 2023 are $4,160
- Landlord incurred $186 in filing costs
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the hearing date. The landlord was also entitled to the cost of filing the application.
Arguments and Actions
Landlord
Arguments
Landlord opposed the Tenants' payment plan and requested a 'standard' eviction order, believing the Tenants would not make the payments in good faith.
Tenant
Actions
Tenants paid $8,000 lump sum payment as ordered by the Board.
Decision Summary
The Tenants are ordered to pay $7,386.00 to the Landlord in arrears of rent and costs. The Tenants shall pay $1,000.00 on the 15th of each month from September 2023 to March 2024, and $386.00 on April 15, 2024. The Tenants shall also pay new rent on time and in full until the arrears are paid. If the Tenants fail to make any payment, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
Reason for Eviction Relief
Tenants have reduced arrears by half and shown good faith in making lump sum payment
Adjudicator Details
LTB Member
Total Orders
376
Landlord Favorable
94.7%
Tenant Favorable
1.9%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$1,520
Rent Arrears
$4,160
Application Fee
$186
Total Owing
$7,386 (Owed to Landlord)
Source
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