90 Eastdale Inc. v Swain
Last updated: November 14, 2024
Order
Ordered by Kyle McGraw,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$11,201
to Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: 90 Eastdale Inc. v Swain, 2024 ONLTB 30635
File Number: LTB-L-084777-23
Timeline
Application Date (Estimate)
Oct 2023
Hearing Date
Apr 2024
Order Date
May 9, 2024
Tenancy End Date
May 2024
We estimate Application Date using rent arrears.
Decision
Tenancy terminated unless Tenant voids order by paying $16,691.81 by May 31, 2024. If not voided, Tenant must vacate unit and pay $11,201.09 to Landlord, plus daily compensation of $68.24 starting April 12, 2024.
Reason for Eviction Relief
Allow tenant time to find alternative housing
Tenant
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Tenant disputed receiving the N4 notice, but the Landlord's representative provided testimony confirming proper service.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession of rental unit
- Lawful rent due on 1st of each month
- Tenant's proposed payment plan deemed unreasonable
Landlord's Arguments
Actions and Evidence
Landlord's representative called Shalina Nasser to testify about service of N4 notice
Tenant's Arguments
Arguments
Disputed receiving N4 notice of termination
Actions and Evidence
Tenant proposed payment plan of two rent payments per month, which was deemed unreasonable and unaffordable
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Financial Details
Lawful Rent
$2,076
Rent Arrears
$14,430
Application Fee
$186
Rent Deposit
$2,076
Deposit Interest
$15
Ordered Amount
$11,201 (to Landlord)
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