Landlord Wins Non-payment Case: 1212763 ONTARIO LTD. v Sampaio 2024
Toronto landlord wins non-payment case, tenant ordered to pay $2429
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1606 Exbury Rd, Toronto, ON M3M1A7
Decision in favor of
landlord
Balance Owed to Landlord
$2,429
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Jan 2024
Order Date
Feb 13, 2024
Tenancy End Date
Mar 2024
We estimate Application Date using rent arrears.
Dispute Summary
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.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $14,124 since application filed
- Rent arrears owing to hearing date are $4,485.55
- Landlord incurred $186 application filing fee
Arguments and Actions
Landlord
Arguments
Tenancy should be terminated as it is not feasible for the Tenant to pay the arrears and new rent due.
Tenant
Arguments
Tenant can pay the arrears if given until end of April when he goes back to work and gets his tax return.
Actions
Tenant has been making $1,000 bi-weekly installment payments in good faith as he receives EI, but it is not enough to cover the monthly rent.
Decision Summary
Unless the Tenant voids the order by paying $6,908.98 by February 29, 2024 or $9,146.41 by March 31, 2024, the tenancy will be terminated effective March 31, 2024. If the Tenant does not void the order, the Tenant must pay the Landlord $2,429.42, which includes rent arrears and the application filing fee, minus the rent deposit and interest on the deposit.
Reason for Eviction Relief
Tenant's current income is EI and he is unable to pay the arrears and new rent due. Tenant expects to return to work in April and receive a tax refund, but did not provide evidence to support this.
Adjudicator Details
LTB Member
Total Orders
37
Landlord Favorable
89.2%
Tenant Favorable
10.8%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,237
Rent Arrears
$4,486
Application Fee
$186
Rent Deposit
$2,183
Deposit Interest
$59
Total Owing
$2,429 (Owed to Landlord)
Source
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