Landlord Wins Eviction Case Against Tenant for Non-Payment of Rent: Medallion Corporation v Naeem 2021
Landlord wins eviction case against tenant for $9880 in unpaid rent in North York
Summarized by RentZenLast updated: July 26, 2024
Case Summary
814 Harding Avenue North, North York, ON M6M0A4
Decision in favor of
landlord
Balance Owed to Landlord
$9,881
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2020
Hearing Date
May 2021
Order Date
Jun 4, 2021
Tenancy End Date
Jun 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant was out of the country and did not receive the Notice of Hearing, but the Landlord consented to the Tenant's review request which was granted.
Determinations
- Tenant was out of the country and did not receive Notice of Hearing
- Landlord consented to Tenant's review request
- Tenant has not paid rent from May 1, 2020 to December 31, 2020
- Landlord served N4 Notice effective October 1, 2020
- Landlord collected $867.78 rent deposit
- Interest on rent deposit owed to Tenant from October 1, 2019 to October 1, 2020
- Tenant paid $867.78 after application filed
- Eviction postponed to June 30, 2021 due to COVID-19 impact
- Tenant's payment plan not feasible due to speculative income
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from May 1, 2020 to December 31, 2020. The Landlord served a Notice of Termination effective October 1, 2020 due to the arrears. The Tenant offered to pay arrears within a 22-month period then a 16-month period, but the Tenant's income is speculative, so the tenancy cannot be preserved with a payment plan.
Arguments and Actions
Tenant
Actions
Tenant was out of the country and did not receive the Notice of Hearing.
Decision Summary
The tenancy is terminated effective June 30, 2021. The Tenant must pay the Landlord $9,880.53, which includes rent arrears, compensation, and application costs, less the rent deposit and interest owed on the deposit. The Tenant can void the eviction order by paying $11,731.81 on or before June 30, 2021.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Rent Arrears
$4,368
Application Fee
$175
Rent Deposit
$868
Deposit Interest
$19
Total Owing
$9,881 (Owed to Landlord)
Source
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