Landlord Wins Eviction Case Against Non-Paying Tenant in North York: Starlight Blackstar OPCO 2 ULC v Leckford 2023
North York landlord awarded $18186 in rent arrears and eviction
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 2220 Weston Rd, North York, ON M9N1Y6
Decision in favor of
landlord
Balance Owed to Landlord
$18,186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2021
Hearing Date
Feb 2023
Order Date
Mar 27, 2023
Tenancy End Date
Apr 2023
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 tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord entitled to $186 for application filing fee
- Landlord entitled to $20 for admin charges and $10 for NSF fees
- Landlord holds $979.91 rent deposit, plus $15.97 interest
- Landlord served valid N4 Notice
- Lawful rent is $1,051.29 due on 1st of each month
- Rent arrears owing to 2023-02-28 are $19,084.23
- Tenant did not void notice by paying arrears
- Tenant paid $3,153.87 since application filed
- Tenant still in possession on hearing date
Case Study
Given the Tenant's unwillingness and/or inability to make any rent payments over a prolonged period of time, I find it would be unfair to deny eviction. Nonetheless, given all the circumstances noted at the hearing, including the Tenant's personal circumstances and challenges in finding alternative accommodations, I find that it would not be unfair to postpone the eviction until April 30, 2023 pursuant to subsection 83(1)(b) of the Act.
Arguments and Actions
Landlord
Arguments
Landlord submitted the tenancy is not sustainable.
Actions
Landlord's representative submitted there should be no further delay beyond April 30, 2023 since there have been no rent payments made since November 2022, the current rent arrears are significant and the Tenant has not demonstrated an ability or willingness to make both her existing expenses and rent.
Tenant
Arguments
Tenant sought a payment plan or delayed termination date of 6-7 months.
Actions
Tenant acknowledged having significant monthly expenses in addition to rent obligations. Tenant stated she is currently earning $3,500/month and expects to earn more in the coming months, but provided no documentary evidence to support this.
Decision Summary
The tenancy is terminated unless the Tenant pays $20,351.52 by March 31, 2023 or $21,402.81 by April 30, 2023 to void the order. If the Tenant does not void the order, the Tenant must move out by April 30, 2023 and pay the Landlord $18,186.18 plus daily compensation of $34.56 from February 28, 2023 until move-out.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$1,051
Rent Arrears
$19,084
Application Fee
$186
Rent Deposit
$980
Deposit Interest
$16
Other Owed Amount
$30
NSF charges
Total Owing
$18,186 (Owed to Landlord)
Source
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