Landlord Wins Review Order: Nunez Segovia v Kindrachuk 2024
Toronto tenant ordered to pay $8368 in rent arrears after landlord successfully obtains review of original LTB order
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 155 Yorkville Avenue, Toronto, ON M5R1C4
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2023
Tenancy End Date
Feb 2024
Hearing Date
Aug 2024
Order Date
Aug 28, 2024
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant did not void the N4 Notice by paying rent arrears and vacated the unit on February 15, 2024.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant vacated on 2024-02-15
- Lawful rent was $3,300.00 due on 1st of each month
- No payments made since application filed
Case Study
The Board granted a review of the original order as the Landlord's representative was not reasonably able to participate in the initial hearing.
Arguments and Actions
Landlord
Arguments
Representative was left in waiting room and hearing concluded before participation
Actions
Landlord's representative was unable to participate in initial hearing
Tenant
Actions
Tenant did not pay rent and vacated the unit on February 15, 2024
Decision Summary
The tenancy was terminated as of February 15, 2024. The Tenant is ordered to pay $8,368.37 to the Landlord, which includes rent arrears and application filing fee, minus the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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Financial Details
Lawful Rent
$3,300
Rent Arrears
$11,527
Application Fee
$186
Rent Deposit
$3,300
Deposit Interest
$45
Total Owing
$8,368 (Owed to Landlord)
Source
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