Toronto Landlord and Tenant Board Decision: Tenant Arrears and Eviction

Strategic Insights -

A recent decision by the Landlord and Tenant Board of Ontario highlights the complexities of rent payment arrears and eviction during the COVID-19 pandemic. Ph Phillips Property Management Inc, the landlord, sought to evict tenants Amy Helmer and Darren Warren due to unpaid rent from July 1, 2020 to February 28, 2021. The tenants, however, had made payments and claimed interest on a rent deposit. After considering the impact of COVID-19 and the landlord's attempts to negotiate a repayment agreement, the Board granted relief from eviction with conditions.

Key Takeaways:

  • The tenants, Amy Helmer and Darren Warren, owed a total of $6,186.00, comprising rent arrears and costs, for the period ending February 28, 2021.
  • The tenants had paid $5,636.00 after the application was filed, and the landlord collected a rent deposit of $1,540.00.
  • The landlord served a Notice of Termination on July 29, 2020, effective from July 1, 2020.
  • The Board agreed that the landlord attempted to negotiate a repayment agreement with the tenants but found no evidence to suggest it was unfair to grant relief from eviction.
  • The tenants were required to make nine payments to the landlord, totaling $6,000.00, between February 20, 2021 and August 20, 2021, with a final payment of $1,186.00 due after the eighth payment.
  • If the tenants failed to make any of the payments by the required dates, the landlord could apply for an order terminating the tenancy and evicting the tenants.
  • The balance owing under the order would bear interest at the post-judgment interest rate determined under subsection 207(7) of the Act.

The decision highlights the need for landlords and tenants to navigate the complexities of rental agreements and payment arrears during the pandemic. It also underscores the importance of attempting to negotiate repayment agreements and the conditions under which relief from eviction may be granted.

Statistics:

  • Rent arrears owed by the tenants: $6,186.00
  • Total payments made by the tenants after the application was filed: $5,636.00
  • Rent deposit collected by the landlord: $1,540.00
  • Total payments required by the tenants over the nine-month period: $6,000.00
  • Final payment amount: $1,186.00
  • Post-judgment interest rate: determined under subsection 207(7) of the Act

Sources:

  • Order under Section 69 Residential Tenancies Act, 2006, File Number: TEL-12161-20
  • Landlord and Tenant Board of Ontario