Landlord Wins Eviction Case: 1474367 Ontario Inc. v Deluca 2024
East York tenant faces eviction for $24253 in unpaid rent after losing rent subsidy
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 1139 O'Connor Dr, East York, ON M4B2T5
Decision in favor of
landlord
Balance Owed to Landlord
$22,031
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
Aug 2024
Order Date
Sep 3, 2024
Tenancy End Date
Sep 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Tenant lost rent subsidy and stopped paying rent, accumulating significant arrears.
Determinations
- Tenant did not void N4 Notice
- Rent arrears of $24,253.14 confirmed
- Tenant lost rent subsidy
- No documentary evidence of cash payment
- Tenant starting new job on September 3, 2024
Case Study
Tenant failed to pay rent and did not provide credible evidence of cash payment. Substantial rent arrears and lack of proof of future ability to pay led to eviction order.
Arguments and Actions
Landlord
Actions
Small landlord experiencing financial strain due to tenant's non-payment, increased interest rates, and utility costs.
Tenant
Arguments
Requested payment plan of $600-$700 per month on top of monthly rent, anticipated starting payments on September 15, 2024.
Actions
Lost job in November 2023, starting new job on September 3, 2024. Claims mental health issues and takes medicine for depression.
Procedural Errors
Late document filing, did not serve documents to landlord
Decision Summary
Tenant must pay $26,164.14 to void eviction by September 14, 2024. If not paid, tenancy terminates and Tenant must vacate, owing $22,031.06 plus daily compensation of $56.71.
Reason for Eviction Relief
Substantial arrears, no proof of employment or ability to pay
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
83.9%
Tenant Favorable
9.7%
Mutual Agreement
6.5%
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Financial Details
Lawful Rent
$1,725
Rent Arrears
$24,253
Application Fee
$186
Rent Deposit
$1,725
Deposit Interest
$92
Total Owing
$22,031 (Owed to Landlord)
Source
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