IMH POOL VI -A LP v Rattray
Landlord wins · Toronto · 2025-01-13
- Adjudicator
- Mayra Sawicki
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- IMH POOL VI -A LP
- Tenant
- D.R.
- Landlord rep
- S. Enriquez
- Tenant rep
- V. Natola
What happened
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant is 93 years old, has cognitive issues, and has been a tenant of the Landlord since 2002. The Tenant fell into arrears in May 2024 due to failing to file his taxes, which resulted in a reduction of his pension. The Tenant's support submitted that they have been trying to assist the Tenant, and an expedited request for Community Care Access Support has been submitted to help the Tenant address his financial issues.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant due to non-payment of rent is granted, but the Tenant is granted conditional relief from eviction. The Tenant is ordered to pay the rent arrears of $10,857.69 in installments, and to pay new rent on time and in full. If the Tenant fails to make any of the required payments, the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenant.