Landlord Wins Non-payment Case: Advent Property Management Services Ltd. v Blake 2024
North York tenant ordered to pay $4848 in rent arrears or face eviction
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 25 Dallner Rd, North York, ON M3L2M7
Decision in favor of
landlord
Balance Owed to Landlord
$4,848
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Mar 26, 2024
Tenancy End Date
May 2024
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 served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,439.84 due on 1st of each month
- Tenant paid $7,150 since application filed
- Rent arrears owing to March 31, 2024 are $5,845.68
- Landlord incurred $186 application filing costs
- No last month's rent deposit
- Landlord attempted to negotiate settlement
Arguments and Actions
Landlord
Arguments
Landlord's representative opposed relief from eviction, noting Landlord has filed multiple applications against Tenant for rent arrears and lacks confidence in Tenant's ability to adhere to a payment plan.
Actions
Landlord described efforts to negotiate with Tenant to resolve rental arrears, but Tenant did not make promised payments.
Tenant
Actions
Tenant testified he can immediately pay one month's rent and an additional one month's rent by March 8, 2024, and then pay an amount on the 20th of each month from April to September 2024 towards arrears, while paying the regular monthly rent.
Decision Summary
Unless the Tenant voids the order by paying the full amount owing, the tenancy will be terminated effective May 31, 2024. The Tenant is ordered to pay $4,848.18 to the Landlord, which includes rent arrears up to the hearing date and the cost of filing the application. The Tenant is also ordered to pay $47.34 per day for compensation for use of the unit starting March 7, 2024 until the date the Tenant moves out.
Reason for Eviction Relief
The Tenant has resided at the rental unit for over 15 years and has a child with a disability who would have difficulty finding alternative affordable housing close to school and care services.
Adjudicator Details
LTB Member
Total Orders
611
Landlord Favorable
83.8%
Tenant Favorable
6.7%
Mutual Agreement
9.5%
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Financial Details
Lawful Rent
$1,440
Rent Arrears
$5,846
Application Fee
$186
Total Owing
$4,848 (Owed to Landlord)
Source
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