Landlord Wins Non-payment Case: Wen Hui Li v Mozique Atiba Thorne
Landlord wins $14348 in North York rent dispute, tenant ordered to pay or face eviction
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 131 Charlton Boulevard, North York, ON M2R2J2
Decision in favor of
landlord
Balance Owed to Landlord
$14,348
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Mar 2021
Hearing Date
Dec 2021
Order Date
Jan 4, 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.
Determinations
- Board considered all disclosed circumstances, including COVID-19 impact and whether Landlord attempted to negotiate repayment agreement, and found it would not be unfair to grant relief from eviction subject to conditions
- Landlord not holding last month's rent deposit
- Landlord served valid Notice of Termination effective August 6, 2021 due to arrears
- Lawful monthly rent is $1,000.00
- Tenant has not paid total rent required from September 1, 2020 to December 31, 2021
- Tenant in possession of rental unit
- Tenant made no payments since application filed
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from September 1, 2020 to December 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective August 6, 2021. The Tenant is in possession of the rental unit. The lawful monthly rent is $1,000.00. The Landlord is not holding a last month's rent deposit. The Tenant has made no payments since the application was filed. The Board considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (the 'Act') including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and, find that it would not be unfair to grant relief from eviction subject to the condition(s) set out in this order pursuant to subsection 83(1)(a) and 204(1) of the Act.
Decision Summary
The tenancy is terminated effective January 15, 2022, unless the Tenant pays $15,186.00 to the Landlord or to the Board in trust on or before that date, in which case the order for eviction will be void and the Tenant can remain in the unit. If the Tenant does not make this payment, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement of the eviction.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,000
Rent Arrears
$9,197
Application Fee
$186
Damages
$4,965
Total Owing
$14,348 (Owed to Landlord)
Source
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