1920/1944 Davisville Centre Inc. v Emad Al Shehri - LTB Ruling on Non-Payment of Rent
Toronto landlord granted conditional relief in $14739 non-payment dispute with tenant
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1944 Yonge St, Toronto, ON M4S3E5
Decision in favor of
landlord
Balance Owed to Landlord
$14,740
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Jun 21, 2023
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 N4 Notice, which the Tenant did not void by paying the arrears.
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
- No payments made since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant was still in possession of the rental unit on the hearing date. The Landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenant testified that he had no income from September 2022 due to other expenses, but now has a new seasonal job paying $4,000 per month.
Decision Summary
The Tenant is ordered to pay $14,739.93 to the Landlord in arrears and costs, in accordance with a payment schedule over 8 months. The Tenant shall also pay new rent on time and in full. If the Tenant fails to make any payment, the Landlord may apply to terminate the tenancy.
Reason for Eviction Relief
Tenant has a new seasonal job and has applied for rent assistance. Tenant can meet monthly rent payments after arrears are paid.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
96.6%
Tenant Favorable
1.9%
Mutual Agreement
1.5%
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Financial Details
Lawful Rent
$1,817
Rent Arrears
$14,554
Application Fee
$186
Rent Deposit
$1,795
Deposit Interest
$19
Total Owing
$14,740 (Owed to Landlord)
Source
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