Landlord Wins Eviction Case Against Non-Paying Tenant: IMH Pool I LP v Adeosun
Landlord Wins Eviction Case Against Non-Paying Tenant in Toronto
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 15 Dundonald Street, Toronto, ON M4Y1K4
Decision in favor of
landlord
Balance Owed to Landlord
$20,848
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2022
Hearing Date
Nov 2022
Order Date
Feb 15, 2023
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 not present at the hearing.
Determinations
- Landlord served valid N4 Notice
- Lawful rent is $1,746.86 due on 1st of each month
- Tenant did not void notice by paying arrears
- Tenant has not made any payments since application filed
- Tenant in possession on application date
Case Study
The Tenant did not provide any reasons or support for the adjournment request, so the hearing proceeded with only the Landlord's evidence. 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.
Arguments and Actions
Landlord
Actions
Landlord attempted to negotiate a payment plan with the Tenant through verbal and written communication.
Tenant
Actions
Tenant did not attend the hearing and did not provide reasons for the adjournment request.
Procedural Errors
Tenant did not attend the hearing or provide reasons for the adjournment request.
Decision Summary
The tenancy is terminated unless the Tenant pays $22,592.04 to void the order by February 26, 2023. If the Tenant does not pay, the Tenant must move out by February 26, 2023 and pay the Landlord $20,848.13 less any payments made after the hearing date.
Adjudicator Details
LTB Member
Total Orders
52
Landlord Favorable
96.2%
Tenant Favorable
0.0%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,746
Rent Arrears
$17,165
Application Fee
$186
Rent Deposit
$1,726
Deposit Interest
$18
Total Owing
$20,848 (Owed to Landlord)
Source
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