AMSTAR POOL I LP v Bhimsingh - LTB Ruling on Non-Payment of Rent
Landlord granted order to collect $22188 in rent arrears from Etobicoke tenants, with conditions to avoid eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
210 Kipling Ave, Etobicoke, ON M9V4C3
Decision in favor of
landlord
Balance Owed to Landlord
$22,188
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Sep 19, 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.
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
- Tenants paid $9,025.38 since application filed
- Rent arrears owing to 2023-08-31 are $20,730.28
- Landlord incurred $186.00 in filing costs
- Landlord holds $21.99 rent deposit with $0.32 interest
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit on the hearing date, and the landlord was entitled to the rent arrears up to that date. The landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenant applied to EPIC and Rent Bank for assistance, has $1,221.22 money order to pay landlord
Decision Summary
The Tenants are ordered to pay $22,187.50 for rent arrears up to September 30, 2023 and costs. The Tenants shall pay $10,741.79 by October 3, 2023 and the remaining balance in monthly installments of $954.00 from October 2023 to August 2024, with a final payment of $951.71 on September 1, 2024. The Tenants shall also pay new rent on time and in full until the arrears are paid. If the Tenants fail to make any payment, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
Reason for Eviction Relief
Length of tenancy, assistance secured from EPIC and Rent Bank
Adjudicator Details
LTB Member
Total Orders
228
Landlord Favorable
79.8%
Tenant Favorable
12.7%
Mutual Agreement
7.5%
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Financial Details
Lawful Rent
$1,271
Rent Arrears
$20,730
Application Fee
$186
Rent Deposit
$22
Deposit Interest
$0
Total Owing
$22,188 (Owed to Landlord)
Source
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