Evictly

Capri Holdings Limited v McGee

Landlord wins · Toronto · 2021-09-01

Adjudicator
Nicola Mulima
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$5-10K
Landlord
Capri Holdings Limited
Tenant
M.J.M., B.J.M.
Landlord rep
B Rubin

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Tenants owed $9,293.22 in rent arrears. The Tenant requested a payment plan to preserve the tenancy, citing financial difficulties due to his wife's death and funeral expenses.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenants adhere to a strict repayment plan. The Tenants must pay $9,479.22 to the Landlord, which includes rent arrears and application costs. The repayment plan includes bi-weekly and monthly payments from September 2021 to September 2022. If the Tenants fail to make any payments as scheduled, the Landlord may apply for an eviction order under section 78 of the Residential Tenancies Act, 2006.