Landlord Wins Non-payment Case: Calinsky v Almedia 2024
Toronto tenants face eviction for $19000 in rent arrears, ordered to pay $15394 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
5 Dufferin St, Toronto, ON M6H4B6
Decision in favor of
landlord
Balance Owed to Landlord
$15,394
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Apr 16, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,000 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Actions
Landlord argued that it would be prejudicial to let the Tenant stay at the rental unit any longer, as the Tenant moved in a year ago, paid rent for a couple of months and hasn't paid since.
Tenant
Actions
Tenants are currently unemployed, receiving Ontario Works, and have no family to stay with. They are looking for work and hoping to make a repayment plan with the Landlord once they find work.
Decision Summary
Unless the Tenant voids the order by paying $19,186 by April 30, 2024 or $21,186 by May 15, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay the Landlord $15,394.21, 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. The Tenant is also ordered to pay daily compensation of $65.75 from April 5, 2024 until they move out.
Reason for Eviction Relief
Tenant fears becoming homeless and is looking for work to make a repayment plan
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,000
Rent Arrears
$19,000
Application Fee
$186
Rent Deposit
$2,000
Deposit Interest
$55
Total Owing
$15,394 (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.