260 Wellesley Residences v Haywood - LTB Ruling on Non-Payment of Rent
Toronto landlord wins $30644 judgment against tenants for non-payment of rent, tenancy terminated
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 240 Wellesley St E, Toronto, ON M4X1G5
Decision in favor of
landlord
Balance Owed to Landlord
$30,645
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2022
Hearing Date
May 2023
Order Date
Jul 17, 2023
Tenancy End Date
Jul 2023
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Landlord served the N1 Notice of rent increase properly. The Tenants did not void the N4 notice by paying the rent arrears. The Tenants were still in possession of the rental unit at the time of the hearing.
Arguments and Actions
Landlord
Arguments
Landlord opposed any payment plan due to lack of payments from Tenant for over a year.
Tenant
Arguments
Tenant sought a payment plan to preserve the tenancy.
Actions
Tenant alleges they paid more to the Landlord, but could not provide any specific details.
Decision Summary
The tenancy is terminated unless the Tenants pay $30,644.96 by July 31, 2023 to void the order. If the Tenants do not pay, they must vacate the unit by July 31, 2023 and pay $23,592.24 to the Landlord.
Reason for Eviction Relief
The Tenant is struggling financially and would experience further hardship if evicted.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,815
Rent Arrears
$26,828
Application Fee
$186
Rent Deposit
$1,771
Deposit Interest
$15
Total Owing
$30,645 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.