Landlord Wins Non-payment Case: Toronto Community Housing Corporation v Nasir
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 75 Tandridge Crescent, Toronto, ON M9W2N9
Decision in favor of
landlord
Balance Owed to Landlord
$12,864
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2020
Hearing Date
Jul 2021
Order Date
Jan 5, 2022
Tenancy End Date
Jan 2022
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 had not vacated the rental unit prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenant did not vacate prior to hearing
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from November 1, 2020 to July 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective March 20, 2021. The Tenant is in possession of the rental unit. The lawful monthly rent is $531.00. The arrears of rent owing for the period ending July 31, 2021 as of the date of hearing were $10,089. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. The Board finds that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act.
Arguments and Actions
Tenant
Actions
Tenant did not pay full rent arrears and did not vacate the rental unit prior to the hearing.
Decision Summary
The tenancy is terminated effective January 16, 2022. The Tenant must pay the Landlord $12,864.01 (less any payments made after July 5, 2021), which includes rent arrears and the application filing fee. The Tenant must also pay $17.46 per day for compensation for use of the unit starting January 6, 2022 until the Tenant vacates. If the full amount is not paid by January 16, 2022, the Tenant will owe interest and the Landlord can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
32
Landlord Favorable
81.3%
Tenant Favorable
9.4%
Mutual Agreement
9.4%
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Financial Details
Lawful Rent
$531
Rent Arrears
$10,089
Application Fee
$186
Total Owing
$12,864 (Owed to Landlord)
Source
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