K&G OAKBURN APARTMENTS I LTD. v Maduka, Non-payment of Rent, North York, ON M2N0C3: K&G OAKBURN APARTMENTS I LTD. v Maduka 2022
North York tenants evicted for non-payment of $18860 rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 105 Harrison Garden Blvd, North York, ON M2N0C3
Decision in favor of
landlord
Balance Owed to Landlord
$15,438
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2021
Hearing Date
Sep 2022
Order Date
Oct 25, 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 Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. The Tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Interest on rent deposit is $16.73
- Landlord holds $1,850.00 rent deposit
- Landlord incurred $186.00 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $1,800.00 due on 1st of each month
- Rent arrears owing to September 30, 2022 are $18,860.00
- Tenants did not void notice by paying arrears
- Tenants in possession on hearing date
Case Study
The Tenants failed to pay rent arrears and did not void the N4 Notice. The Board considered the circumstances, including the impact of COVID-19, but found it unfair to grant relief from eviction. The Tenants could have avoided eviction by paying the full amount owing within the specified timeframe.
Arguments and Actions
Landlord
Actions
Landlord served a valid N4 Notice and filed the application for non-payment of rent.
Tenant
Actions
Tenants failed to pay rent arrears and did not void the N4 Notice.
Decision Summary
The tenancy is terminated unless the Tenants void the order by paying the specified amount. If not paid, the Tenants must move out by November 5, 2022. The Tenants owe $15,438.45 plus $59.18 per day from September 2, 2022, until they move out. If not paid by November 5, 2022, interest will be charged at 4.00% annually.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,800
Rent Arrears
$18,860
Application Fee
$186
Rent Deposit
$1,850
Deposit Interest
$17
Total Owing
$15,438 (Owed to Landlord)
Source
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