Eichorn v Hansen: Non-payment of Rent Case in North York, ON
North York tenant evicted for non-payment of rent, owes $8927 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 542 Coldstream Ave, North York, ON M6B2K9
Decision in favor of
landlord
Balance Owed to Landlord
$8,927
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Apr 2022
Hearing Date
Feb 2023
Tenancy End Date
Feb 2023
Order Date
Jun 12, 2023
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. The parties reached a consent order during the hearing.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- Parties agreed to consent order
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
Case Study
The Tenant could have avoided eviction by paying the full amount owing as ordered plus any additional rent that became due. The Tenant had the opportunity to make a motion to void the order under section 74(11) of the Act, but only once during the tenancy.
Arguments and Actions
Landlord
Actions
Landlord served a valid N4 Notice and filed an L1 application for non-payment of rent.
Tenant
Actions
Tenant failed to pay rent, accumulating $10,130.13 in arrears by February 28, 2023.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $10,316.13 by February 28, 2023. If not voided, the Tenant must move out by February 28, 2023, and pay $8,927.43 plus $29.09 per day from February 14, 2023, until move-out. The Landlord may file for eviction enforcement starting March 1, 2023, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
96.6%
Tenant Favorable
1.9%
Mutual Agreement
1.5%
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Financial Details
Lawful Rent
$885
Rent Arrears
$10,130
Application Fee
$186
Rent Deposit
$825
Deposit Interest
$62
Total Owing
$8,927 (Owed to Landlord)
Source
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