Landlord Wins Rent Arrears Case: AMSTAR POOL I LP v Emptage 2023
Toronto tenants ordered to pay $11970 in rent arrears or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1105 Kipling Ave, Toronto, ON M9V4C4
Decision in favor of
landlord
Balance Owed to Landlord
$11,970
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Aug 21, 2023
Tenancy End Date
Nov 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 $5,221.25 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 and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Arguments
Tenants want to stay in the unit
Decision Summary
The tenancy will be terminated on November 30, 2023 unless the tenants pay the outstanding rent arrears of up to $22,282.22 by the specified deadlines. If the tenants do not pay, they must vacate the unit by November 30, 2023 and pay the landlord $11,969.81 plus daily compensation.
Reason for Eviction Relief
To give the tenants time to find a new place to live within their monthly budget
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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Financial Details
Lawful Rent
$2,345
Rent Arrears
$15,012
Application Fee
$186
Rent Deposit
$2,155
Deposit Interest
$11
Other Owed Amount
$50
NSF charges
Total Owing
$11,970 (Owed to Landlord)
Source
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