30 Gilder Drive Apts v Eitbarekh

Landlord wins · Scarborough · 2025-07-31

Adjudicator

Colin Elsby

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

G.D.A.

Tenant

D.E., Y.A.

Landlord rep

Elizaveta Povargo

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants due to significant rent arrears. The Tenants did not dispute the arrears but proposed a payment plan. However, the LTB member found the proposed plan financially unfeasible based on the Tenants' reported income and expenses. The member ordered the termination of the tenancy but postponed the eviction date to allow the Tenants time to find alternate housing.

The ruling

The tenancy is terminated unless the Tenants pay the required amounts to void the order. Due to the Tenants' financial situation where expenses exceed income, a payment plan was denied. However, the eviction is postponed until September 30, 2025. If the tenancy is terminated, the Tenants must pay the Landlord $337.96 plus daily compensation of $49.28 until they vacate.