Landlord Wins Non-payment Case: 75 Eastdale Inc. v Danso, Tapawan 2023
East York tenants ordered to pay $12103 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 75 Eastdale Ave, East York, ON M4C5N3
Decision in favor of
landlord
Balance Owed to Landlord
$12,103
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Apr 20, 2023
Tenancy End Date
May 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. 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 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 tenants were still in possession of the rental unit at the time of the hearing, and the landlord was entitled to the rent arrears up to the hearing date. The landlord was also entitled to the cost of filing the application.
Decision Summary
The tenancy will be terminated on May 31, 2023, unless the tenants pay $13,079.98 by April 30, 2023, or $14,694.12 by May 31, 2023, to void the order and continue the tenancy. If the tenants do not pay the required amount, they must move out by May 31, 2023, and pay the landlord $12,102.68 plus daily compensation of $53.07 per day starting April 13, 2023.
Reason for Eviction Relief
Postpone eviction until May 31, 2023
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$1,614
Rent Arrears
$12,894
Application Fee
$186
Total Owing
$12,103 (Owed to Landlord)
Source
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