BLACKSTAR OPCO 2 ULC v Paulette Yvonne Walker - 2023 LTB Ruling
Scarborough landlord wins $29873 judgment against tenant for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
411 35 Greenbrae Circt, Scarborough, ON M1H1P8
Decision in favor of
landlord
Balance Owed to Landlord
$29,873
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
May 18, 2023
Tenancy End Date
Jun 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The landlord served a valid N4 notice, and the tenant did not void the notice by paying the rent 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
- No payments made since application filed
Case Study
The landlord served a valid N4 notice, and the tenant did not void the notice by paying the rent arrears. The tenant was still in possession of the rental unit at the time of the hearing. The landlord is entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Actions
Landlord made several attempts to negotiate a repayment plan with the tenant, but the tenant was unresponsive.
Tenant
Arguments
Tenant proposed a repayment plan whereby EPIC would pay 3 months of rent and the Tenant would pay $900 on the 20th of the month until the arrears are paid in full.
Actions
Tenant has not paid any rent since August 2022.
Decision Summary
The tenancy is terminated unless the tenant pays $32,453.64 by May 31, 2023 or $33,648.20 by June 30, 2023 to void the order. If the tenant does not void the order, they must move out by June 30, 2023 and pay the landlord $29,872.72 plus daily compensation of $39.27 from April 26, 2023 until the move-out date.
Reason for Eviction Relief
Consideration of tenant's health
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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Financial Details
Lawful Rent
$1,195
Rent Arrears
$31,073
Application Fee
$186
Rent Deposit
$1,164
Deposit Interest
$9
Total Owing
$29,873 (Owed to Landlord)
Source
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