Landlord Wins Non-payment Case: 260 Wellesley Residences v Saravanamuthu 2023
Toronto tenants evicted for non-payment of rent, owe $4351 or $5413 to landlord
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 Tenant
-$648
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Oct 2022
Hearing Date
Nov 2022
Order Date
Feb 27, 2023
Tenancy End Date
Mar 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant did not void the N4 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 due on 1st of each month
- Tenant paid $7,260 since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. 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
Landlord
Actions
Landlord attempted to negotiate a payment plan with Tenant.
Tenant
Actions
Tenant did not pay rent arrears to void N4 notice.
Decision Summary
The tenancy is terminated unless the Tenant pays $4,350.84 by February 28, 2023 or $5,413.18 by March 10, 2023 to void the order. If the Tenant does not pay, they must vacate the unit by March 10, 2023.
Adjudicator Details
LTB Member
Total Orders
52
Landlord Favorable
96.2%
Tenant Favorable
0.0%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,062
Rent Arrears
$978
Application Fee
$186
Rent Deposit
$1,053
Deposit Interest
$11
Total Owing
-$648 (Owed to Tenant)
Source
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