Last updated: October 13, 2024
Ordered by Mayra Sawicki,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$13,649
to Landlord
Agree with the ruling?
Citation: O'neill v Abar, 2024 ONLTB 2636
File Number: LTB-L-071183-22
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Jan 9, 2024
Tenancy End Date
Feb 2024
The tenancy is terminated unless the Tenants pay $18,426 by January 31, 2024 or $19,706 by February 16, 2024 to void the order. If the Tenants do not void the order, they must vacate the unit by February 16, 2024 and pay the Landlord $13,649.38 plus daily compensation of $42.08 from November 10, 2023 until they move out.
Considering the Tenants' health issues and inability to afford the arrears, a postponement of the eviction to February 16, 2024 is appropriate.
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, which the Tenants did not void by paying the arrears.
Landlord submitted that the tenancy is not viable as the Tenants' monthly income is less than their expenses, and he has no faith the Tenants will ever pay the arrears.
Landlord refused the Tenant's proposed payment plan, stating 8 years was unreasonable. Landlord submitted that due to high interest rates, his mortgage has increased by $2,000 per month.
Tenant L.G. proposed a payment plan to pay an additional $200 per month towards arrears, which would take approximately 8 years to pay off. Tenant also requested 90 days to vacate due to health issues.
Tenants have persistently paid rent late since the N8 notice was served.
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Lawful Rent
$1,280
Rent Arrears
$15,680
Application Fee
$186
Rent Deposit
$1,250
Deposit Interest
$65
Ordered Amount
$13,649 (to Landlord)
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