Last updated: July 26, 2024
Ordered by Douglas Wilkins,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$10,843
to Landlord
Agree with the ruling?
Citation: Skyline Living v Maker, 2021 CanLII 85178 (ON LTB)
File Number: SWL-42307-20
Application Date
Jan 2020
Hearing Date
Mar 2021
Order Date
Apr 22, 2021
The Landlord's application for eviction is denied on the condition that the Tenant pays the rent arrears of $10,843.38 in monthly installments of $550 from May 2021 to November 2022, and pays the current rent on time going forward. If the Tenant fails to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent, damage to the premises, and substantial interference. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears.
Landlord argued that the arrears were significant, the Tenant had made no efforts to resolve the issue, and relief from eviction would be delaying the inevitable termination of the tenancy. Landlord believed the rental unit was no longer affordable to the Tenant and the tenancy should be terminated.
Landlord engaged in door knocking and sent emails informing tenants that the Landlord would consider payment plans. Landlord also provided tenants with information about rent assistance that may be available.
Tenant asked the Board to order a repayment plan for the arrears at a rate of $500 per month. Alternatively, the Tenant asked the Board to grant a lengthy postponement of eviction because he has lived in the building for 10 years and has not been successful in finding a new place to live that can accommodate his father's disability-related needs.
Tenant paid little to no rent from January 2020 until his ODSP income support was terminated in October 2020. Tenant has severe anxiety disorder and was preoccupied with assisting his father, whose medical condition resulted in a leg amputation. Tenant has been unsuccessful in finding a new rental unit that can accommodate his father's disability-related needs.
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Lawful Rent
$719
Rent Arrears
$10,653
Application Fee
$190
Rent Deposit
$719
Ordered Amount
$10,843 (to Landlord)
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