1920/1944 DAVISVILLE CENTRE INC. v Modeste: Non-payment of Rent Case in Toronto
Toronto LTB Case: Tenant Ordered to Pay $4728 in Rent Arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1944 Yonge St, Toronto, ON M4S3E5
Decision in favor of
landlord
Balance Owed to Landlord
$4,728
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2022
Tenancy End Date
Aug 2022
Hearing Date
Nov 2022
Order Date
Nov 22, 2022
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order requiring Tenant to pay the rent owed. Tenant vacated the rental unit on August 31, 2022, but was in possession when the application was filed. Tenant failed to pay rent for the period from March 1, 2022 to August 31, 2022.
Determinations
- Interest on rent deposit owed to Tenant
- Landlord held rent deposit of $1,518.00
- Lawful rent is $1,518.00 due on 1st of each month
- No payments made since application filed
- Tenancy ended August 31, 2022
- Tenant did not pay full rent from March 1, 2022 to August 31, 2022
- Tenant vacated rental unit on August 31, 2022
- Tenant was in possession when application filed
Case Study
The Tenant's absence at the hearing and failure to pay rent for six months led to the decision in favor of the Landlord. To potentially change the outcome, the Tenant could have attended the hearing to present their side, provided evidence of any rent payments made, or demonstrated extenuating circumstances for non-payment.
Arguments and Actions
Landlord
Actions
Landlord filed an application for non-payment of rent and attended the hearing.
Tenant
Actions
Tenant did not pay rent for six months from March 1, 2022 to August 31, 2022. Tenant vacated the rental unit on August 31, 2022.
Procedural Errors
Tenant failed to attend the hearing despite being properly served with notice.
Decision Summary
The Tenant is ordered to pay the Landlord $4,727.87, which includes rent arrears up to August 31, 2022, and the cost of the application, minus the rent deposit and interest owing. If not paid by December 3, 2022, interest will be charged at 4.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
122
Landlord Favorable
90.2%
Tenant Favorable
9.0%
Mutual Agreement
0.8%
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Financial Details
Lawful Rent
$1,518
Rent Arrears
$6,072
Application Fee
$186
Rent Deposit
$1,518
Deposit Interest
$12
Total Owing
$4,728 (Owed to Landlord)
Source
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