Landlord Wins Non-payment Case: Brosko Property Management Limited v Kramar 2023
Mississauga tenant ordered to pay $12938 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 2254 Bromsgrove Road, Mississauga, ON L5J4A3
Decision in favor of
landlord
Balance Owed to Landlord
$9,788
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 19, 2023
Tenancy End Date
Apr 2023
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
- Tenant paid $12.60 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 at the time of the hearing, and the Landlord was entitled to the rent arrears up to the hearing date, as well as the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenant stated she would be able to cash her pension fund and pay the arrears in full by April 30, 2023, but did not provide evidence of the pension funds.
Decision Summary
The tenancy will be terminated on April 30, 2023 unless the Tenant pays $12,938.29 to void the order and continue the tenancy. If the Tenant does not pay the full amount, the tenancy will be terminated, and the Tenant must pay $9,788.21 to the Landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
103
Landlord Favorable
94.2%
Tenant Favorable
1.9%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,077
Rent Arrears
$11,635
Application Fee
$186
Rent Deposit
$1,051
Deposit Interest
$16
Other Owed Amount
$40
NSF cheque charges
Total Owing
$9,788 (Owed to Landlord)
Source
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