Landlord Wins Eviction Case Against Tenant Unable to Pay Rent - GALAXY REAL ESTATE CORE ONTARIO LP v Kirpichova
Etobicoke tenants evicted for non-payment of $54490 in rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 245 Lake Shore Dr, Etobicoke, ON M8V2A8
Decision in favor of
landlord
Balance Owed to Landlord
$54,489
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2020
Hearing Date
Aug 2022
Order Date
Nov 15, 2022
Tenancy End Date
Nov 2022
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 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
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
Case Study
The doctrines of res judicata and estoppel were considered, but it was determined that there was no final decision on the merits in the previous LTB case. The Landlord was found to have served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears.
Arguments and Actions
Landlord
Actions
Landlord made attempts to reach out to Tenant, including a December 30, 2021 letter proposing a repayment plan, and provided Tenant information about the EPIC program.
Tenant
Actions
Tenant is on CPP disability, household income is $1,700 per month, and cannot afford the $1,673.28 monthly rent.
Decision Summary
The tenancy is terminated unless the Tenant pays $54,489.60 to void the order by November 26, 2022. If the Tenant does not void the order, the Tenant must vacate the unit by November 26, 2022 and pay the Landlord $35,186.00 plus daily compensation.
Adjudicator Details
LTB Member
Total Orders
270
Landlord Favorable
91.1%
Tenant Favorable
5.6%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$1,673
Rent Arrears
$54,303
Application Fee
$186
Rent Deposit
$1,517
Deposit Interest
$3
Total Owing
$54,489 (Owed to Landlord)
Source
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