Schwartz v. Fuss

Landlord wins · 2021-02-15

Adjudicator

Penny J.

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

I.S.

Tenant

G.F., S.F.

Landlord rep

Elloit Birnboin

What happened

The Landlord sought an order requiring the Tenants to pay all rent arrears and ongoing rent as a condition of maintaining the statutory stay of eviction enforcement pending their appeal of LTB orders. The Landlord also requested security for costs. The Tenants had a history of late and non-payment of rent since August 2019, leading to multiple LTB proceedings and consent orders.

The ruling

The court ordered the Tenants to pay $20,042.15 in outstanding rent arrears by February 28, 2021, and to pay $5,208.43 on the first day of each month thereafter until their appeal is disposed of. The Tenants must perfect their appeal by March 15, 2021. If the Tenants fail to comply with the payment orders, the Landlord may move to have the stay lifted. The motion for security for costs was dismissed.