Landlord Wins Eviction Case Against Tenant for Non-Payment of Rent: Kohen v Younge 2024
Toronto landlord awarded $10800 in rent arrears after evicting tenant for non-payment
Summarized by RentZenLast updated: August 6, 2024
Case Summary
1095 St Clair Avenue West, Toronto, ON M6E1A8
Decision in favor of
landlord
Balance Owed to Landlord
$10,800
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2023
Hearing Date
Jan 2024
Order Date
Feb 21, 2024
Tenancy End Date
Mar 2024
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 served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- No payments made 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. The Tenant was still in possession of the rental unit on the hearing date. The Tenant sought a payment plan and delayed conditional termination, but was unable to make the Landlord whole as a condition of relief. Therefore, there was an insufficient basis to grant the requested relief.
Arguments and Actions
Tenant
Arguments
Tenant argued that their health care circumstances 'flare up' during the winter months and requested a payment plan or three month's delayed conditional termination.
Actions
Tenant sought a payment plan and delayed conditional termination, but was unable to make the Landlord whole.
Decision Summary
The tenancy is terminated unless the Tenant pays $14,037.75 by February 29, 2024 or $15,593.70 by March 3, 2024 to void the order and continue the tenancy. If the Tenant does not void the order, they must pay $10,800.20 to the Landlord and vacate the unit by March 3, 2024. If the unit is not vacated, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
275
Landlord Favorable
87.6%
Tenant Favorable
4.4%
Mutual Agreement
8.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,556
Rent Arrears
$12,296
Application Fee
$186
Rent Deposit
$1,518
Deposit Interest
$91
Total Owing
$10,800 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.