AMAZ Property Management Inc. v Quilty - LTB Ruling on Non-payment of Rent
Landlord awarded $1772 in East York non-payment of rent case, tenants faced eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
390 Dawes Rd, East York, ON M4B2E5
Decision in favor of
landlord
Balance Owed to Landlord
$1,772
Dispute Categories
Notices Sent
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Timeline
Application Date
Mar 2023
Hearing Date
Jun 2023
Order Date
Jun 27, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenants did not pay rent arrears to void the N4 notice.
Decision Summary
The tenancy will be terminated if the tenants do not pay $3,601.03 by June 30, 2023 or $4,604.59 by July 11, 2023 to void the order. If the tenancy is terminated, the tenants must pay $1,772.25 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
576
Landlord Favorable
83.8%
Tenant Favorable
2.3%
Mutual Agreement
13.9%
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Financial Details
Lawful Rent
$1,004
Rent Arrears
$3,415
Application Fee
$186
Rent Deposit
$967
Deposit Interest
$23
Total Owing
$1,772 (Owed to Landlord)
Source
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