Landlord Wins Rent Arrears Case Against Tenant in Toronto: Panchalingam v Pemberton 2021
Toronto landlord awarded $6423 in rent arrears and costs after successful eviction of non-paying tenant
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 20 Calverley Trail, Toronto, ON M1C3R5
Decision in favor of
landlord
Balance Owed to Landlord
$6,423
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2021
Hearing Date
Aug 2021
Tenancy End Date
Sep 2021
Order Date
Nov 29, 2021
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 parties agreed to a termination date of September 30, 2021.
Determinations
- Tenant did not pay rent from March 17, 2020 to September 16, 2021
- Landlord served valid N4 Notice
- Tenant in possession on hearing date
- Monthly rent was $650
- Parties agreed to September 30, 2021 termination date
- Tenant paid $600 after application filed
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from March 17, 2020 to September 16, 2021. The Landlord served a valid N4 Notice, and the Tenant was in possession of the rental unit on the date of the hearing. The parties agreed to a termination date of September 30, 2021. The Tenant was not able to provide documentary evidence to support her claim of paying $800 after the application was filed, so the Landlord's evidence of $600 in payments was accepted.
Arguments and Actions
Tenant
Actions
Tenant testified that she paid $800 to the Landlord after the application was filed, but could not provide documentary evidence to support this.
Decision Summary
The tenancy is terminated as of September 30, 2021. The Tenant shall pay the Landlord $6,422.76, which represents the rent arrears and compensation up to September 30, 2021, as well as $186 for the application filing fee. If the Tenant does not pay the full amount by December 10, 2021, they will owe interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
696
Landlord Favorable
92.5%
Tenant Favorable
1.9%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$650
Rent Arrears
$3,860
Application Fee
$186
Total Owing
$6,423 (Owed to Landlord)
Source
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