Landlord Wins Non-payment Case: 2491364 ONTARIO INC. v Ollivierre 2024
Toronto landlord wins eviction order against tenant owing $6681 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1010 Lawrence Ave W, Toronto, ON M6L1B5
Decision in favor of
landlord
Balance Owed to Landlord
$6,681
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
May 29, 2024
Tenancy End Date
Jun 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,913.75 per month
- Tenant paid $13,720.25 since application filed
- Rent arrears owing to April 30, 2024 are $7,339.58
- Landlord incurred $186 in filing costs
Case Study
The Tenant fell into rent arrears for the majority of the tenancy and did not comply with the interim order to pay ongoing rent. The Tenant's circumstances have changed, but she has not demonstrated an ability or willingness to pay the arrears and ongoing rent. Granting a 3-year payment plan would be unfair to the Landlord.
Arguments and Actions
Landlord
Arguments
Landlord submits the Tenant has been in arrears for the majority of the tenancy and did not comply with the interim order to pay ongoing rent.
Tenant
Actions
Tenant states she fell into arrears because she did not get enough hours at work. She is requesting a 3-year payment plan and states she now works at least 40 hours per week and is trying to get a loan to pay the arrears.
Decision Summary
The tenancy is terminated unless the Tenant pays $9,439.33 by May 31, 2024 or $11,353.08 by June 15, 2024 to void the order. If the Tenant does not pay, they must vacate the unit by June 15, 2024 and pay the Landlord $6,681.47 plus daily compensation of $62.92 from April 18, 2024 until move-out.
Adjudicator Details
LTB Member
Total Orders
27
Landlord Favorable
74.1%
Tenant Favorable
22.2%
Mutual Agreement
3.7%
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Financial Details
Lawful Rent
$1,914
Rent Arrears
$7,340
Application Fee
$186
Total Owing
$6,681 (Owed to Landlord)
Source
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