Last updated: July 26, 2024
Ordered by Sonia Anwar-Ali,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$9,736
to Landlord
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Citation: 1896186 Ontario Inc. v Stewart, 2021 CanLII 114680 (ON LTB)
File Number: CEL-98294-21
Application Date
Jan 2021
Tenancy End Date
May 2021
Hearing Date
Jul 2021
Order Date
Aug 30, 2021
The tenancy is terminated as of May 31, 2021. The Tenants shall pay the Landlord $9,736.00 in arrears and application costs, with the payment to be made in three installments: $2,920.80 by September 9, 2021, $2,044.56 by November 30, 2021, and $4,770.64 by February 28, 2022. If the Tenants fail to make any one of the payments, the outstanding balance will become immediately due and owing, and the Tenants will start to owe simple interest at 2.00% annually on the balance outstanding.
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.
Landlord opposed the Tenants' request for a lengthy repayment plan, as it would prejudice the Landlord by delaying payment.
Tenants sought a repayment plan over 4 years, paying $2,500 each year on July 31, starting in 2022.
Tenants testified that their sales fell due to the pandemic, leading to the accrual of rent arrears. They currently reside in their daughter's basement.
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Lawful Rent
$2,700
Rent Arrears
$9,550
Application Fee
$186
Ordered Amount
$9,736 (to Landlord)
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