Landlord Wins Eviction Case Against Non-Paying Tenant in Toronto: Erebatian v Chmay 2024
Toronto landlord awarded $2573 in rent arrears after successfully evicting non-paying tenant
Summarized by RentZenLast updated: August 6, 2024
Case Summary
2009 Lower Jarvis Street, Toronto, ON M5E0C4
Decision in favor of
landlord
Balance Owed to Landlord
$2,573
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Feb 2024
Order Date
Mar 15, 2024
Tenancy End Date
Mar 2024
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 served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on hearing date
- Lawful rent is $1,950 due on 1st of each month
- Tenant paid $7,050 since application filed
- Rent arrears owing to hearing date are $3,900
- Landlord incurred $186 application filing fee
- Landlord holds $1,450 rent deposit with $62.59 interest
Arguments and Actions
Landlord
Aggravating Factors
Landlord is having difficulty paying the mortgage due to the tenant's history of non-payment and recently lost her own home in a fire.
Decision Summary
The tenancy is terminated unless the tenant pays $6,036 by March 26, 2024 to void the order and continue the tenancy. If the tenant does not pay, they must move out by March 26, 2024 and pay the landlord $2,573.41 plus $64.11 per day of occupation after March 1, 2024.
Adjudicator Details
LTB Member
Total Orders
28
Landlord Favorable
78.6%
Tenant Favorable
17.9%
Mutual Agreement
3.6%
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Financial Details
Lawful Rent
$1,950
Rent Arrears
$3,900
Application Fee
$186
Rent Deposit
$1,450
Deposit Interest
$63
Total Owing
$2,573 (Owed to Landlord)
Source
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