Landlord Wins Eviction Case Against Tenants in Scarborough: 371158 Ontario Limited (Forest Manor) v Princena 2024
LTB Grants Landlord Eviction Order in Scarborough Rent Dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1903 Sandhurst Circle, Scarborough, ON M1V2L3
Decision in favor of
landlord
Balance Owed to Landlord
$13,976
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Jan 9, 2024
Tenancy End Date
Jan 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 on the hearing date.
Determinations
- Eviction postponed to January 31, 2024 due to Tenant's circumstances
- Landlord holds $2,023.56 rent deposit and $69.60 in interest
- Landlord incurred $186.00 in application filing fees
- Landlord served valid N4 Notice
- Lawful rent is $2,047.84 per month
- Rent arrears owing to November 30, 2023 are $16,382.72
- Tenant paid $16,285.60 since application filed
- Tenants did not void notice by paying arrears
- Tenants in possession on hearing date
Case Study
The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the arrears. The Tenants were still in possession of the rental unit on the hearing date. The Landlord is entitled to terminate the tenancy and evict the Tenants, but the eviction can be postponed until January 31, 2024 to allow the Tenants more time to find a new rental unit.
Arguments and Actions
Tenant
Actions
Tenant testified that she had an accident in July 2022 which resulted in her not being able to work from July 2022 to February 2023, and that her son has a serious medical condition and is currently in hospital care.
Decision Summary
The tenancy is terminated effective January 31, 2024 unless the Tenant pays $20,664.40 to void the order and continue the tenancy. If the tenancy is terminated, the Tenant must pay $13,976.31 to the Landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay daily compensation of $67.33 for each day of occupation starting November 24, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
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Financial Details
Lawful Rent
$2,048
Rent Arrears
$16,383
Application Fee
$186
Rent Deposit
$2,024
Deposit Interest
$70
Total Owing
$13,976 (Owed to Landlord)
Source
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