Landlord Wins Eviction Case: 90 Eastdale Inc. v Swain 2024
Toronto tenant faces potential eviction for $14430 in rent arrears, payment plan rejected
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 90 Eastdale Ave, Toronto, ON M4C5A2
Decision in favor of
landlord
Balance Owed to Landlord
$11,201
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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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.
Dispute Summary
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
Arguments and Actions
Landlord
Actions
Landlord's representative called Shalina Nasser to testify about service of N4 notice
Tenant
Arguments
Disputed receiving N4 notice of termination
Actions
Tenant proposed payment plan of two rent payments per month, which was deemed unreasonable and unaffordable
Decision Summary
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
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
89.4%
Tenant Favorable
6.4%
Mutual Agreement
4.3%
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Financial Details
Lawful Rent
$2,076
Rent Arrears
$14,430
Application Fee
$186
Rent Deposit
$2,076
Deposit Interest
$15
Total Owing
$11,201 (Owed to Landlord)
Source
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