Last updated: September 12, 2024
Ordered by Camille Clyne,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$5,021
to Landlord
Agree with the ruling?
Citation: Melvin Apartments Inc. v Staios, 2023 ONLTB 30419
File Number: LTB-L-046888-22
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 13, 2023
Tenancy End Date
May 2023
The tenancy will be terminated on May 24, 2023 unless the tenants pay $8,848.06 by April 30, 2023 or $10,393.63 by May 24, 2023 to void the order. If the tenants do not void the order, they must vacate the unit by May 24, 2023 and pay the landlord $5,021.38 plus daily compensation.
To allow the tenants to arrange their affairs or pay off the arrears
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. The tenants were still in possession of the rental unit at the time of the hearing.
Landlord sought a 'standard order' for eviction based on the amount of arrears and the lack of acknowledgement of the arrears. The arrears were described as substantial with a few good faith payments made by the Tenant since the application was filed. The Landlord was not agreeable to a repayment plan at the hearing as they had attempted to come to an agreement prior to the hearing however there was no response from the Tenant.
Landlord's Agent testified that they attempted to communicate with the Tenants regarding a repayment plan, however there was no response from the Tenant about the repayment of arrears as the Tenants did not think that they owed the arrears.
Tenants testified that they had cleared all of the arrears based on a previous Board order, and provided the file number for the previous order.
Tenants testified that a portion of the rent had been paid by Efthimia Staios' ODSP and that her son's payment for the balance had not been paid. Tenant Theodore Plastaras testified that he started a new job in December 2022 and his work hours had decreased shortly thereafter, but that he is currently working and makes an income of $2,600 per month and could pay an additional $300-$400 on top of the monthly rent.
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Lawful Rent
$1,546
Rent Arrears
$7,116
Application Fee
$186
Rent Deposit
$1,490
Deposit Interest
$59
Ordered Amount
$5,021 (to Landlord)
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