Landlord Wins Eviction Case Against Non-Paying Tenant in North York: MEDALLION CORPORATION v Knight 2023
North York Landlord Wins Eviction Case Against Non-Paying Tenant
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1755 Jane St, North York, ON M9N2S6
Decision in favor of
landlord
Balance Owed to Landlord
$27,299
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2022
Hearing Date
Feb 2023
Order Date
Feb 16, 2023
Tenancy End Date
Mar 2023
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
- Daily rent/compensation is $38.38
- Landlord holds $1,115.31 rent deposit
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $1,167.26
- Rent arrears owing to 2023-02-28 are $16,608.09
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $2,400 since application filed
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date. The Landlord is entitled to terminate the tenancy and evict the Tenant.
Arguments and Actions
Tenant
Actions
Tenant did not pay full rent arrears.
Decision Summary
The tenancy is terminated effective March 31, 2023. The Tenant must pay the Landlord $27,299.43, which includes rent arrears up to March 31, 2023, less the rent deposit and interest. If the Tenant does not pay the full amount by March 31, 2023, the Tenant will owe interest starting April 1, 2023. If the unit is not vacated by March 31, 2023, the Landlord may file the order with the Court Enforcement Office for eviction.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$1,167
Rent Arrears
$16,608
Application Fee
$186
Rent Deposit
$1,115
Total Owing
$27,299 (Owed to Landlord)
Source
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