Capreit Limited Partnership v Foreman - LTB Ruling on Non-payment of Rent
Landlord granted eviction order against 84-year-old tenant in Toronto for $11119 in rent arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
567 Scarborough Golf Club Rd, Toronto, ON M1G1H5
Decision in favor of
landlord
Balance Owed to Landlord
$7,733
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2024
Hearing Date
Jun 2024
Order Date
Jul 10, 2024
Tenancy End Date
Aug 2024
We estimate Application Date using rent arrears.
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 on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $2,265.25 due on 1st of each month
- Tenant paid $4,400 since application filed
- Rent arrears owing to June 30, 2024 are $11,119.40
- Tenant does not dispute rent arrears amount
- Landlord incurred $186 application filing fee
- Landlord holds $2,265.25 rent deposit with $35.06 interest
Decision Summary
The tenancy is terminated unless the tenant pays $13,595.65 by July 31, 2024 or $15,860.90 by August 31, 2024 to void the order. If the tenant does not void the order, the tenant must move out by August 31, 2024 and pay the landlord $7,732.95 plus daily compensation of $74.47 from June 14, 2024 until the move-out date.
Reason for Eviction Relief
Tenant is 84 years old and has resided in the unit since October 2022. Tenant's income is from pensions and his children can contribute $800/month to help pay the arrears.
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
91.9%
Tenant Favorable
4.8%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$2,265
Rent Arrears
$11,119
Application Fee
$186
Rent Deposit
$2,265
Deposit Interest
$35
Other Owed Amount
$25
NSF Charges
Total Owing
$7,733 (Owed to Landlord)
Source
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