Landlord Wins Eviction Case: Aska v Grist 2023
Scarborough tenant ordered to pay $16386 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
73 Blackwater Cres, Scarborough, ON M1B1L5
Decision in favor of
landlord
Balance Owed to Landlord
$16,386
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Feb 2023
Order Date
May 8, 2023
Tenancy End Date
May 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. The Tenant was still in possession of the rental unit at the time of the hearing.
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
- No payments made since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant has not made any good faith effort to pay the arrears, even if a small amount, which would have demonstrated an effort to pay. The Landlord has not received any rent since August 2022 and the arrears have continued to increase. Considering the Tenant's circumstances, it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenant stated they are currently unemployed, have 2 children in elementary school and may have potential for employment. Tenant may have some financial assistance from Ontario Works and CCB.
Decision Summary
The tenancy will be terminated on May 19, 2023 unless the Tenant pays $16,386 to void the order and continue the tenancy. If the Tenant does not pay the full amount by May 19, 2023, the Tenant must move out and will owe the Landlord $16,386 plus daily compensation of $59.18 starting February 24, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$1,800
Rent Arrears
$16,200
Application Fee
$186
Rent Deposit
$1,800
Total Owing
$16,386 (Owed to Landlord)
Source
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