Landlord Wins Non-payment Case: Baytree Property Management Inc. v Sirvie 2024
Toronto tenant faces eviction for non-payment of rent, owes $17786 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
5301 181 Dundas St E, Toronto, ON M5A0N5
Decision in favor of
landlord
Balance Owed to Landlord
$17,786
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
May 2024
Order Date
Jul 22, 2024
Tenancy End Date
Aug 2024
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 on the hearing date.
Determinations
- Rental unit is exempt from rent increase rules under s.6.1
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $2,200 per month
- Tenant has not made any payments since application filed
Case Study
The Landlord provided evidence that the rental unit is exempt from certain rent increase rules under section 6.1 of the Residential Tenancies Act, 2006. The Tenant's arguments that the exemption does not apply were not accepted.
Arguments and Actions
Tenant
Arguments
The Tenant's Legal Representative argued that the rental unit is not exempt from the rent increase rules under section 120 of the Act.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent is granted. The Tenant may void the order by paying $17,786 by July 31, 2024 or $19,986 by August 16, 2024. If the Tenant does not void the order, the Tenant must vacate the unit by August 16, 2024 and pay the Landlord $10,090.39 plus daily compensation.
Reason for Eviction Relief
The Tenant's representative requested additional time to catch up on rent due to the Tenant's fractured arm and pending payment from a previous employer.
Adjudicator Details
LTB Member
Total Orders
14
Landlord Favorable
78.6%
Tenant Favorable
7.1%
Mutual Agreement
14.3%
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Financial Details
Lawful Rent
$2,200
Rent Arrears
$13,200
Application Fee
$186
Rent Deposit
$2,200
Deposit Interest
$53
Total Owing
$17,786 (Owed to Landlord)
Source
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