2686250 ONTARIO STREET v SHERLOK - 2023 ONLTB 30976
Toronto landlord wins partial victory in rent dispute, Tenant ordered to pay $22864 in arrears with conditional relief from eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1475 King Street West, Toronto, ON M6K1J4
Dispute resolved in
agreement
Balance Owed to Landlord
$22,864
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2020
Hearing Date
Apr 2022
Order Date
Apr 17, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant had vacated the rental unit prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-09-08
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant vacated the rental unit before the hearing date, and the Landlord was entitled to the rent arrears up to the move-out date. The Landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Procedural Errors
Landlord failed to submit closing submissions as directed.
Tenant
Arguments
Tenant proposed a payment plan of $400-$500 per month in addition to monthly rent until they can get more financially secure.
Actions
Tenant vacated the rental unit prior to the hearing date without paying full rent arrears.
Decision Summary
The Tenant is ordered to pay $22,864.43 to the Landlord, which includes rent arrears up to October 31, 2022 and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant shall pay $400 per month towards the arrears in addition to the monthly rent until the arrears are paid in full.
Reason for Eviction Relief
Tenant proposed a payment plan and Landlord failed to negotiate in good faith
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,123
Rent Arrears
$24,046
Application Fee
$186
Rent Deposit
$1,000
Deposit Interest
$130
Total Owing
$22,864 (Owed to Landlord)
Source
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