Landlord Wins Eviction Case Against Long-Term Tenant in Toronto: Angona v Campbell 2023
Toronto landlord awarded $7700 from long-term tenant or faces eviction
Summarized by RentZenLast updated: July 22, 2024
Case Summary
2485 Finch, Toronto, ON M9M2G1
Decision in favor of
landlord
Balance Owed to Landlord
$7,751
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2022
Hearing Date
Feb 2023
Order Date
Mar 27, 2023
Tenancy End Date
Apr 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 holds $849 rent deposit plus $15.08 interest
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $876.05 due on 1st of each month
- Rent arrears to Feb 28, 2023 are $6,688.70
- Tenant did not void notice by paying arrears
- Tenant in possession on hearing date
- Tenant paid $3,500 since application filed
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 eviction is postponed to April 15, 2023 to allow the Tenant additional time to arrange repayment and potentially preserve the 10-year tenancy.
Arguments and Actions
Tenant
Actions
Tenant has resided in the rental unit for 10 years and has no history of rent arrears. Tenant proposed a $150/month payment plan which was denied.
Decision Summary
The tenancy is terminated unless the Tenant pays $7,750.75 by March 31, 2023 or $8,626.80 by April 15, 2023 to void the order. If the Tenant does not pay, they must vacate the unit by April 15, 2023. The Landlord is authorized to deduct $28.80 per day for compensation starting April 16, 2023 if the Tenant does not vacate.
Adjudicator Details
LTB Member
Total Orders
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Lawful Rent
$876
Rent Arrears
$6,689
Application Fee
$186
Rent Deposit
$849
Deposit Interest
$15
Total Owing
$7,751 (Owed to Landlord)
Source
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