Landlord Wins Non-payment Case: 2507 Eglinton West Residences Corp. v Lobb 2024
Toronto tenants face eviction for $15820 in rent arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 2507 Eglinton Ave W, Toronto, ON M6M1T2
Decision in favor of
landlord
Balance Owed to Landlord
$15,820
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Mar 20, 2024
Tenancy End Date
Mar 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,644.12 due on 1st of each month
- Tenants paid $21,422.50 since application filed
- Rent arrears owing to 2023-11-30 are $9,032.94
- Landlord entitled to $25 for NSF cheque fees
- Landlord entitled to $186 for application filing fee
- Landlord holds $1,585 rent deposit, plus $58.97 interest
Arguments and Actions
Tenant
Actions
Tenants claimed they paid rent every month and have receipts to prove it. Tenant A.L. testified he was off work for 2 months due to injury, and C.B. used ODSP income to pay rent alone.
Decision Summary
Unless the Tenants void the order by paying $15,820.42 on or before March 31, 2024, the tenancy will be terminated. If the Tenants do not void the order, they must pay the Landlord $7,144.95, which includes rent arrears, application fees, and NSF charges, minus the rent deposit and interest. The Tenants must also pay daily compensation of $54.05 from November 23, 2023 until they move out.
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
91.9%
Tenant Favorable
4.8%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$1,644
Rent Arrears
$9,033
Application Fee
$186
Rent Deposit
$1,585
Deposit Interest
$59
Other Owed Amount
$25
NSF cheque fees
Total Owing
$15,820 (Owed to Landlord)
Source
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