Lobianco v Rose

Split/Other wins · Newmarket · 2024-01-25

Adjudicator

Bryan Delorenzi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

M.L.

Tenant

C.L.R.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after the Tenant breached a previous order that included a payment plan to pay down the arrears and required the Tenant to pay rent in full and on time.

The ruling

The motion to set aside order LTB-L-084157-23 is granted. The Landlord's application for eviction is denied on the condition that the Tenant pays the outstanding arrears of $8,767.78 in monthly installments of $1,000 from February to September 2024, and $767.78 in October 2024. The Tenant must also pay new rent on time and in full during this period. If the Tenant fails to make any of the payments, the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenant.