Starlight Canadian Residential Growth F v Elsey

Tenant wins · Kitchener · 2021-11-04

Adjudicator

Arnab Quadry

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

S.C.R.G.F.

Tenant

D.S.E.

Landlord rep

Gail Kukor Lang

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant is an elderly person with significant health conditions who started accruing rent arrears as a result of being hospitalized. The Tenant proposed a payment plan to preserve the tenancy, which the Landlord was not willing to accept.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenant makes the specified monthly payments to pay off the rent arrears and application fee within one year. If the Tenant fails to make the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.