Landlord Wins Non-payment Case: Homestead Land Holdings Limited v Ataish 2023
Scarborough tenants evicted for non-payment of rent, owe $6956 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 2710 Saratoga Pl, Gloucester, ON K1T1Z2
Decision in favor of
landlord
Balance Owed to Landlord
$6,956
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2022
Hearing Date
Feb 2023
Order Date
Feb 22, 2023
Tenancy End Date
Mar 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.
Determinations
- Landlord entitled to $186 application fee reimbursement
- Landlord holds $1,083.99 rent deposit, Tenant owed $3.27 interest
- Landlord served valid N4 Notice
- Lawful rent is $1,044.49 due on 1st of each month
- Rent arrears owing to 2023-02-28 are $8,455.19
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $2,150 since application filed
Case Study
The Landlord served the Tenant with a valid N4 Notice. The Tenant did not void the notice by paying the rent arrears. As of the hearing date, the Tenant was still in possession of the rental unit. The Tenant has paid $2,150 to the Landlord since the application was filed. The rent arrears owing to February 28, 2023 are $8,455.19. The Landlord is entitled to reimbursement of the $186 application filing fee. The Landlord collected a rent deposit of $1,083.99 from the Tenant, and the Tenant is owed $3.27 in interest on the deposit.
Decision Summary
The tenancy will be terminated on March 15, 2023 unless the Tenant pays $8,641.19 by February 28, 2023 or $9,685.68 by March 15, 2023 to void the order. If the Tenant does not void the order, they must pay $6,955.86 to the Landlord and vacate the unit by March 15, 2023. The Tenant will also owe daily compensation of $34.34 from February 14, 2023 until they vacate.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,044
Rent Arrears
$8,455
Application Fee
$186
Rent Deposit
$1,084
Deposit Interest
$3
Total Owing
$6,956 (Owed to Landlord)
Source
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