Landlord Wins Eviction Case Against Non-Paying Tenant: Q Res IV Operating LP Inc v Roberts 2021
Landlord wins eviction case against non-paying tenant, orders $2345 in arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1416 Kipling Avenue, Toronto, ON M9V4M2
Decision in favor of
landlord
Balance Owed to Landlord
$320
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2021
Hearing Date
Jul 2021
Order Date
Aug 10, 2021
Tenancy End Date
Aug 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.
Determinations
- Tenant has not paid rent from December 1, 2020 to July 31, 2021
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Lawful monthly rent is $1,079.31
- Landlord collected $1,079.41 rent deposit
- Tenant paid $6,241.15 after application filed
- Unfair to grant relief from eviction under subsection 83(1) of the Act
Case Study
The tenant has the right to make a motion to the Board under subsection 74(11) of the Act to set aside this order if they pay the amount required under that subsection on or after August 21, 2021 but before the Sheriff gives vacant possession to the Landlord. The tenant is only entitled to make this motion once during the period of the tenancy agreement with the Landlord.
Arguments and Actions
Tenant
Actions
Tenant did not pay full rent from December 1, 2020 to July 31, 2021.
Decision Summary
The tenancy is terminated effective August 20, 2021. The tenant must pay the landlord $320.40, which includes rent arrears up to August 10, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The tenant must also pay $35.48 per day for compensation for use of the unit starting August 11, 2021 until the date the tenant moves out. If the tenant does not pay the full amount by August 21, 2021, the landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
86
Landlord Favorable
96.5%
Tenant Favorable
1.2%
Mutual Agreement
2.3%
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Financial Details
Lawful Rent
$1,079
Rent Arrears
$688
Application Fee
$186
Rent Deposit
$1,079
Deposit Interest
$1
Total Owing
$320 (Owed to Landlord)
Source
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