Landlord Wins Eviction Case: Amstar Pool I LP v Seymour Claud Gibbs 2023
Etobicoke tenant evicted for non-payment of rent, owes $5487 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
703 Kipling Avenue, Etobicoke, ON M9V4C4
Decision in favor of
landlord
Balance Owed to Landlord
$5,487
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2022
Hearing Date
Apr 2023
Order Date
Apr 26, 2023
Tenancy End Date
Jun 2023
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
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $1,800 since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant was still in possession of the rental unit on the hearing date, and the Landlord was entitled to the rent arrears, NSF charges, and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Actions
Landlord's representative disagreed with the proposed payment plan and stated that the Tenant had not paid rent for large durations of time.
Tenant
Arguments
Tenant's representative proposed a payment plan to repay the arrears.
Actions
Tenant's representative testified that the Tenant had a medical emergency and could not attend the hearing.
Decision Summary
The tenancy is terminated unless the Tenant pays the outstanding rent arrears by the specified deadlines. If the Tenant does not pay, they must vacate the unit by June 30, 2023, and the Landlord can then file the order with the Sheriff to enforce the eviction.
Reason for Eviction Relief
Tenant had a medical emergency and could not attend the hearing
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,343
Rent Arrears
$7,471
Application Fee
$186
Rent Deposit
$1,318
Deposit Interest
$19
Other Owed Amount
$25
NSF charges
Total Owing
$5,487 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.