Landlord Wins Eviction Case Against Tenant Behind on Rent: IMH POOL IV LP v Digiovannantonio 2022
Etobicoke landlord wins eviction case, tenant ordered to pay $4140 in arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 555 The West Mall, Etobicoke, ON M9C1G8
Decision in favor of
landlord
Balance Owed to Landlord
$4,140
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Oct 2022
Order Date
Nov 30, 2022
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 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 holds $1,455.79 rent deposit with $157.21 interest
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $1,934.84 due on 1st of each month
- Rent arrears owing to October 31, 2022 are $6,802.44
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $7,906.44 since application filed
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date. The Landlord is entitled to terminate the tenancy and evict the Tenant, but the eviction is postponed to allow the Tenant more time to pay the arrears.
Arguments and Actions
Tenant
Arguments
Tenant requested a payment plan, which the Landlord rejected.
Actions
Tenant testified she has difficulty paying rent due to working part-time and receiving Ontario Works.
Decision Summary
The tenancy is terminated unless the Tenant pays the outstanding rent arrears by the deadlines provided. If the Tenant does not pay, they must vacate the unit by February 28, 2023. The Tenant is ordered to pay the Landlord $4,140.31, which includes rent arrears and the application filing fee, minus the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
384
Landlord Favorable
95.3%
Tenant Favorable
2.3%
Mutual Agreement
2.3%
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Financial Details
Lawful Rent
$1,934
Rent Arrears
$6,802
Application Fee
$186
Rent Deposit
$1,456
Deposit Interest
$157
Total Owing
$4,140 (Owed to Landlord)
Source
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