RPMS Property Management v Perez Ulloa: Eviction for Non-payment, Toronto
LTB Eviction Order: Non-payment and Order Breach in Toronto
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 10 San Romanoway, Toronto, ON M3N2Y2
Decision in favor of
landlord
Balance Owed to Landlord
$2,690
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Order Date
Jan 17, 2022
Tenancy End Date
Jan 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to meet conditions specified in a previous order (TNL-32783-21) regarding rent payment. The Tenant failed to pay the required rent on time as per the conditions.
Determinations
- Interest on rent deposit owed to Tenant from July 1, 2020 to January 17, 2022
- Landlord holds rent deposit of $1,064.33
- Previous order TNL-32783-21 is cancelled
- Tenant failed to pay $1064.33 rent on or before December 1, 2021
- Tenant failed to pay $1064.33 rent on or before November 1, 2021
- Tenant failed to pay full rent from November 1, 2021 to January 31, 2022
- Tenant owes $2,067.16 from previous order
Case Study
The Tenant lost due to failure to comply with the conditions set in the previous order. To potentially reverse the decision, the Tenant could have paid the required rent on time or filed a motion to set aside the order within the given timeframe.
Arguments and Actions
Landlord
Arguments
Landlord cited section 78 of the Residential Tenancies Act, 2006 for application without notice to terminate tenancy.
Actions
Landlord applied for termination and eviction based on Tenant's failure to meet conditions in previous order.
Tenant
Actions
Tenant failed to pay required rent on time as per previous order conditions.
Aggravating Factors
Failure to comply with previous order conditions
Decision Summary
The tenancy is terminated effective January 28, 2022. The Tenant must pay $2,690.29 plus $34.99 per day starting January 18, 2022, until vacating the unit. If not paid by January 28, 2022, interest will accrue at 2% annually. The Landlord may file for eviction enforcement starting January 29, 2022, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
547
Landlord Favorable
83.0%
Tenant Favorable
2.0%
Mutual Agreement
15.0%
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Financial Details
Lawful Rent
$1,064
Rent Arrears
$3,756
Rent Deposit
$1,064
Deposit Interest
$1
Other Owed Amount
$35
Daily compensation for use of unit starting January 18, 2022
Total Owing
$2,690 (Owed to Landlord)
Source
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