Landlord Wins Eviction Case Against Non-Paying Tenants in Toronto: McCarthy v Farley 2023
Toronto landlord awarded $23425 after tenants fail to pay $29000 in rent and ignore maintenance order
Summarized by RentZenLast updated: August 6, 2024
Case Summary
602 15 McMurrich St, Toronto, ON M5R3M6
Decision in favor of
landlord
Balance Owed to Landlord
$29,383
Dispute Categories
Notices Sent
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Timeline
Application Date
Jul 2023
Hearing Date
Nov 2023
Order Date
Nov 17, 2023
Tenancy End Date
Nov 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. Tenants also applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants still in possession on hearing date
- Lawful rent is $3,397.16 per month
- Tenants have not made any payments since application filed
- Rent arrears owing to November 30, 2023 is $29,177.28
- Landlord entitled to $20 for NSF cheque
- Landlord entitled to $186 for application filing fee
- Landlord holds $3,275 rent deposit, with $179.27 interest owed to Tenants
- Tenants ignored previous Board order to pay rent on time
- Unfair to grant relief from eviction
Arguments and Actions
Tenant
Actions
Tenants ignored Board order to pay rent on time.
Decision Summary
The tenancy is terminated unless the Tenants pay $29,383.28 to void the order by November 28, 2023. If the Tenants do not pay, they must move out by November 28, 2023 and pay the Landlord $23,425.37 plus daily compensation of $111.69 per day starting November 9, 2023 until they move out.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$3,397
Rent Arrears
$29,177
Application Fee
$186
Rent Deposit
$3,275
Deposit Interest
$179
Other Owed Amount
$20
NSF cheque
Total Owing
$29,383 (Owed to Landlord)
Source
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