75 Eastdale Inc. v Euretta Roffey - LTB Ruling on Non-payment of Rent
Landlord wins non-payment case against East York tenant, who is ordered to pay outstanding rent and fees
Summarized by RentZenLast updated: September 12, 2024
Case Summary
714 75 Eastdale Ave East, East York, ON M4C5N3
Decision in favor of
landlord
Balance Owed to Landlord
$188
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
May 29, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The landlord served a valid N4 notice, and the tenant did not void the 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 $9,597.30 since application filed
- Rent arrears owing to May 31, 2023 are $1.79
- Landlord incurred $186.00 in application filing fees
- Landlord holds $1,347.41 rent deposit with $310.35 interest
Case Study
The landlord served a valid N4 notice, and the tenant was still in possession of the rental unit at the time of the hearing. The tenant owed a small amount of rent arrears, and the landlord was entitled to reimbursement of the application filing fee. The adjudicator found that it would not be unfair to grant relief from eviction subject to the conditions set out in the order.
Decision Summary
The tenancy is not terminated. The tenant is ordered to pay the landlord $187.79, consisting of $186.00 for the application filing fee and $1.79 for outstanding rental arrears, on or before June 15, 2023. If the tenant does not pay the full amount by the due date, they will start to owe interest at 6% annually on the outstanding balance.
Reason for Eviction Relief
The adjudicator found that it would not be unfair to grant relief from eviction subject to the conditions set out in the order.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$1,347
Rent Arrears
$2
Application Fee
$186
Rent Deposit
$1,347
Deposit Interest
$310
Total Owing
$188 (Owed to Landlord)
Source
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