Wigwamen Incorporated v Bird

Landlord wins · Toronto · 2022-11-03

Adjudicator

Rebecca Case

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Wigwamen Incorporated

Tenant

T.B.

Landlord rep

Amber Seager, Mary Beth Menzies

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 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.

The ruling

The Tenant shall pay the Landlord $1,247 for rent arrears up to 2022-10-31 and $186 in application filing costs, in accordance with the agreed payment plan of $200 per month from November 2022 to June 2023. The Tenant shall also pay new rent on time and in full during this period. If the Tenant fails to make any payment, the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenant.