Landlord Wins Massive Rent Arrears Case: Kith v Dawson 2024
Toronto tenant faces eviction after accumulating $36350 in rent arrears following job loss
Summarized by RentZenLast updated: November 14, 2024
Case Summary
3810 The Esplanade, Toronto, ON M5E0A6
Decision in favor of
landlord
Balance Owed to Landlord
$34,567
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Feb 2023
Hearing Date
Aug 2024
Order Date
Aug 29, 2024
Tenancy End Date
Sep 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial rent arrears. Tenant lost job in June 2022 and has been unable to pay rent, with arrears exceeding $36,000.
Determinations
- Valid N4 Notice served
- Tenant did not void notice
- Tenant still in possession of unit
- Lawful rent is $1,950.00 per month
- No payments made since application filed
- Rent arrears of $36,350.00 confirmed
Case Study
Substantial rent arrears and inability to pay justify eviction under subsection 83(2) of the Residential Tenancies Act, 2006
Arguments and Actions
Landlord
Actions
Landlord's wife testified that non-payment has been devastating and placed strain on their semi-retired finances
Tenant
Arguments
Requested more time to move, hoping to rent a room somewhere
Actions
Lost job in June 2022, received employment insurance for four months, borrowed $9,000 from friends, secured part-time job in October 2023 but using income to repay borrowed money
Decision Summary
Tenant must pay $38,486.00 by September 9, 2024, to void eviction. If not paid, tenancy will be terminated, and Tenant must vacate by September 9, 2024.
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
83.9%
Tenant Favorable
9.7%
Mutual Agreement
6.5%
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Financial Details
Lawful Rent
$1,950
Rent Arrears
$36,350
Application Fee
$186
Rent Deposit
$1,850
Deposit Interest
$119
Total Owing
$34,567 (Owed to Landlord)
Source
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