Capreit Limited Partnership v Deviney: Eviction for Non-Payment of Rent
Corporate landlord seeks eviction of tenants for substantial rent arrears in Etobicoke rental unit
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 55 Bridesburg Dr, Etobicoke, ON M9R2K7
Decision in favor of
landlord
Balance Owed to Landlord
$219
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2023
Hearing Date
Mar 2024
Order Date
Mar 19, 2024
Tenancy End Date
Mar 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because they did not pay the rent they owe. Only the Landlord's Representative attended the hearing, and Tenants were not present despite being properly served with notice.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants still in possession of rental unit
- Lawful rent is $1,908.62 due on 1st of each month
Arguments and Actions
Landlord
Actions
Landlord attempted to negotiate a repayment agreement with Tenants.
Tenant
Actions
Tenants did not pay rent and did not attend the hearing to dispute the application.
Decision Summary
Unless the Tenants void the order by paying $3,817.24 by March 30, 2024, the tenancy is terminated. Tenants must move out by March 30, 2024, and will owe daily compensation of $62.75 from March 5, 2024, until they move out.
Adjudicator Details
LTB Member
Total Orders
211
Landlord Favorable
96.7%
Tenant Favorable
1.4%
Mutual Agreement
1.9%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,909
Rent Arrears
$12,360
Application Fee
$186
Rent Deposit
$1,909
Deposit Interest
$32
Total Owing
$219 (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.