Landlord Wins Rent Arrears and Utility Costs Case: Toney v Ominde 2023
North York tenant evicted for non-payment of rent and utilities, ordered to pay $3290 to landlord
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 97 Marbury Crescent, North York, ON M3A2G3
Decision in favor of
landlord
Balance Owed to Landlord
$3,290
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Mar 2022
Tenancy End Date
May 2022
Hearing Date
Feb 2023
Order Date
Jul 5, 2023
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 failure to pay rent. The Landlord also applied for an order to terminate the tenancy and evict the Tenant because the Tenant has been persistently late in paying rent. The Landlord also applied for an order requiring the Tenant to pay the Landlord's reasonable out-of-pocket expenses that are the result of the Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-05-01
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenant failed to pay gas and electricity costs
Decision Summary
The tenancy was terminated effective May 1, 2022, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $2,435.40 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant is also ordered to pay $854.99 to the Landlord, which represents the reasonable out-of-pocket expenses the Landlord has incurred or will incur as a result of the unpaid utility costs.
Adjudicator Details
LTB Member
Total Orders
640
Landlord Favorable
89.4%
Tenant Favorable
4.2%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$2,200
Rent Arrears
$4,472
Application Fee
$186
Rent Deposit
$2,200
Deposit Interest
$23
Other Owed Amount
$855
Unpaid utility costs
Total Owing
$3,290 (Owed to Landlord)
Source
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