Landlord Wins Rent Arrears Case: AMSTAR POOL I LP v Weeden 2023
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1613 Kipling Ave, Etobicoke, ON M9V4C3
Decision in favor of
landlord
Balance Owed to Landlord
$2,147
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2022
Hearing Date
Jan 2023
Order Date
Jan 19, 2023
Tenancy End Date
Feb 2023
We estimate Application Date using rent arrears.
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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord filed two L1 applications, but one was abandoned
- Landlord holds $1,319.76 rent deposit and $16.20 interest
- Landlord incurred $186 in application filing fees
- Landlord served valid N4 Notice
- Lawful rent is $1,396.30 due on 1st of each month
- Rent arrears owing to January 31, 2023 are $4,510.30
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $8,726.40 since application filed
- Tenant requested repayment agreement, but not granted
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date. The Landlord is entitled to terminate the tenancy and evict the Tenant, but the Tenant can void the order by paying the outstanding amount.
Arguments and Actions
Tenant
Actions
Tenant testified that she lives in the rental unit with her 18-year-old daughter and is not currently working, but will get help from a family member to pay off some of the arrears.
Decision Summary
The tenancy is terminated unless the Tenant pays $4,696.30 by January 31, 2023 or $6,092.60 by February 9, 2023 to void the order. If the Tenant does not void the order, the Tenant must move out by February 9, 2023 and pay the Landlord $2,147.68 plus daily compensation of $45.91 from January 5, 2023 until the move-out date.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Lawful Rent
$1,396
Rent Arrears
$4,510
Application Fee
$186
Rent Deposit
$1,319
Deposit Interest
$16
Total Owing
$2,147 (Owed to Landlord)
Source
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