Last updated: July 26, 2024
Ordered by Nancy Morris,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Richmond Properties v McConnery, 2021 CanLII 148872
File Number: CEL-01601-21-SA
Application Date
Aug 2021
Hearing Date
Nov 2021
Order Date
Dec 20, 2021
Tenancy End Date
Jan 2022
The motion to set aside the previous eviction order is denied. However, the stay of the eviction order is lifted on January 31, 2022 to provide the Tenant more time to find alternative housing.
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after the Tenant breached a mediated agreement reached in June 2021 to pay the rent arrears.
Landlord submitted that it is prejudicial to the Landlord for the tenancy to continue, as the Tenant has failed to pay rent in full and on time since the beginning of 2021.
Landlord's agent said the Tenant has not paid rent in full and on time for the last 12 months, and has only paid $400 since October 2021. Landlord submitted that the Tenant has failed to meet the payment schedule agreed to in the June 2021 mediated settlement, and has fallen further into arrears.
Tenant submitted that she would like to pay off all the arrears she owes by January 2022 and continue her tenancy, as she would have nowhere to live and may lose custody of her child if evicted.
Tenant said she made payments but was unable to pay in full, and therefore breached the June 2021 agreement. Tenant said she has tried to make all the payments and expects to get money from a friend to pay off the arrears by January 2022.
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