O'NEILL v GREGORIO
Last updated: January 12, 2025
Order
Ordered by Frank Ebner,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$7,636
to Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: O'NEILL v GREGORIO, 2024 ONLTB 66029
File Number: LTB-L-059273-24
Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Aug 2024
Order Date
Sep 10, 2024
We estimate Application Date using rent arrears.
Decision
The Landlord's application is granted, but the Tenant is granted conditional relief from eviction. The Tenant must pay the rent arrears of $7,636 in 4 monthly installments by December 20, 2024, and continue to pay the monthly rent on time. If the Tenant fails to make any of the payments, the Landlord may apply to terminate the tenancy and evict the Tenant.
Reason for Eviction Relief
Tenant has funds to pay arrears but failed to find alternate payment method when in-person not viable
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $900 due on 1st of each month
- No payments made since application filed
Landlord's Arguments
Arguments
Landlord requires rent payments for daily living, arrears are causing financial hardship
Actions and Evidence
Landlord sent letter to Tenant offering repayment plan, but Tenant never made any payments
Considerations
Landlord is 75-year-old woman who lives above Tenant, finds Tenant violent and is no longer comfortable collecting rent in person, requires rent payments for daily living
Tenant's Arguments
Arguments
Tenant has monthly income of $2,360 from EI and monthly expenses of $1,000, suffers from depression, anxiety and ADHD, and wants to retain tenancy
Actions and Evidence
Tenant did not pay rent from December 2023 to February 2024 due to job loss, and from March 2024 to August 2024 had funds to pay but Landlord was unavailable to receive in-person payments
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Financial Details
Lawful Rent
$900
Rent Arrears
$7,450
Application Fee
$186
Ordered Amount
$7,636 (to Landlord)
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