90 EASTDALE INC. v Oluwatubi Shedrach Ijatoye - 2023 ONLTB 70616
Toronto landlord wins $10730 rent dispute, tenant ordered to pay or vacate by November 6
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1015 90 Eastdale Ave, Toronto, ON M4C5A2
Decision in favor of
landlord
Balance Owed to Landlord
$10,730
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Jun 2023
Order Date
Oct 26, 2023
Tenancy End Date
Nov 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,737.37 per month
- Tenant paid $1,000 since application filed
- Rent arrears of $12,757.93 as of June 30, 2023
- Landlord incurred $186 in filing fees
- Tenant paid $1,600 rent deposit, with $18.74 interest owed
Case Study
The Tenant did not void the N4 notice by paying the rent arrears. The Tenant's proposal to pay off the arrears over 22 months was found to be unrealistic as the Tenant's monthly expenses and rent exceeded his monthly income. Given the significant amount of arrears, it would be unfair to deny or delay the eviction.
Arguments and Actions
Tenant
Actions
Tenant testified that he was fired from his previous job in November 2022 and started a new job in March 2023, but was unable to make any payments towards the rent arrears after starting the new job due to other expenses.
Decision Summary
The tenancy is terminated unless the Tenant pays $19,893.41 by October 31, 2023 or $21,630.78 by November 6, 2023 to void the order. If the Tenant does not void the order, they must pay $10,730.22 to the Landlord and vacate the unit by November 6, 2023.
Adjudicator Details
LTB Member
Total Orders
11
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,737
Rent Arrears
$12,758
Application Fee
$186
Rent Deposit
$1,600
Deposit Interest
$19
Total Owing
$10,730 (Owed to Landlord)
Source
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