Landlord Wins Eviction Case Against Non-Paying Tenants in Scarborough: DANAM LIMITED v Mcarthur 2023
Scarborough tenants evicted for $6957 in unpaid rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1651 Victoria Park Ave, Scarborough, ON M1R1P9
Decision in favor of
landlord
Balance Owed to Landlord
$6,957
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Sep 2022
Hearing Date
Nov 2022
Order Date
Feb 10, 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 Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord holds $1,369.48 rent deposit and $14.09 interest
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $1,369.48 due on 1st of each month
- Rent arrears owing to November 30, 2022 are $2,662.20
- Tenant paid $9,660 since application filed
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
Case Study
The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the arrears. The Tenants were still in possession of the rental unit on the hearing date. The Landlord is entitled to terminate the tenancy and evict the Tenants.
Decision Summary
The tenancy is terminated unless the Tenant pays $6,956.64 by February 21, 2023 to void the order. If the Tenant does not pay, the Tenant must move out by February 21, 2023 and pay the Landlord $500.33 plus $45.02 per day in compensation from November 10, 2022 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
360
Landlord Favorable
95.3%
Tenant Favorable
4.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,369
Rent Arrears
$2,662
Application Fee
$186
Rent Deposit
$1,369
Deposit Interest
$14
Total Owing
$6,957 (Owed to Landlord)
Source
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