Landlord Wins Non-payment Case: Camsta Limited partnership v Rabia Ali 2023
North York tenants ordered to pay $4006 or vacate by July 8 for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 67 Parkwoods Village Drive, North York, ON M3A2X4
Decision in favor of
landlord
Balance Owed to Landlord
$4,006
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Jun 2023
Tenancy End Date
Jun 2023
Order Date
Jun 27, 2023
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 at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenants paid $5,330.72 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, and compensation for the tenant's continued occupation of the unit.
Arguments and Actions
Tenant
Actions
Tenants were still in possession of the rental unit at the time of the hearing.
Decision Summary
The tenancy is terminated unless the tenants pay the rent arrears and application fee by June 30, 2023 or July 8, 2023. If the tenants do not pay, they must vacate the unit by July 8, 2023 and pay the landlord the remaining amount owing.
Adjudicator Details
LTB Member
Total Orders
576
Landlord Favorable
83.8%
Tenant Favorable
2.3%
Mutual Agreement
13.9%
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Financial Details
Lawful Rent
$1,479
Rent Arrears
$5,252
Application Fee
$186
Rent Deposit
$174
Deposit Interest
$23
Total Owing
$4,006 (Owed to Landlord)
Source
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