Landlord Wins Eviction Case Against Non-Paying Tenant: Medallion Corporation v Blair 2022
North York tenant evicted for $27890 in rent arrears, vacated unit
Summarized by RentZenLast updated: July 22, 2024
Case Summary
910 Vena Way, North York, ON M9M0G5
Decision in favor of
landlord
Balance Owed to Landlord
$27,891
Dispute Categories
Notices Sent
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Timeline
Application Date
Nov 2020
Tenancy End Date
Aug 2021
Hearing Date
Jan 2022
Order Date
Feb 18, 2022
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 had vacated the rental unit on August 10, 2021, prior to the hearing date.
Determinations
- Interest owed on rent deposit from September 1, 2019 to November 25, 2020
- Landlord collected $2,120 rent deposit
- Landlord served valid N4 Notice
- Tenant has not paid rent from June 1, 2020 to August 31, 2021
- Tenant paid $283 after application filed
- Tenant vacated on August 10, 2021
Case Study
The Tenant has been in arrears of rent since June 2020 and has made little to no effort to repay the outstanding arrears. Since filing the L1 application over 1 year ago, the Tenant has made a minimal impact on reducing the debt owing and provided no evidence to indicate that this approach would change if additional time was granted. Therefore, it would be unfair to grant the Tenant's request for more time to repay the balance.
Arguments and Actions
Landlord
Arguments
Landlord's representative opposed the Tenant's request, stating that the Tenant has been in arrears of rent since June 2020 and has made little to no effort to repay the outstanding arrears.
Tenant
Arguments
Tenant requested additional time to repay the balance.
Actions
Tenant testified that she is currently not employed and would require approximately 2-3 years to repay the balance owing.
Decision Summary
The tenancy was terminated effective August 10, 2021, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $27,890.66 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Rent Arrears
$11,974
Application Fee
$186
Rent Deposit
$2,120
Deposit Interest
$58
Total Owing
$27,891 (Owed to Landlord)
Source
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