Landlord Wins Non-payment Case: Centurion Property Associates Inc v Athena Wisdom 2023
Mississauga tenant ordered to pay $5029 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 285 North Service Rd, Mississauga, ON L5A1A8
Decision in favor of
landlord
Balance Owed to Landlord
$5,029
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jun 5, 2023
Tenancy End Date
Jun 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 as of 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 due on 1st of each month
- Tenant paid $13,470.70 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, NSF charges, and the cost of filing the application, minus the rent deposit and interest on the deposit.
Decision Summary
The tenancy will be terminated on June 23, 2023 unless the Tenant pays $5,029.42 to void the order. If the Tenant does not pay, the Tenant must move out by June 23, 2023. The Landlord is entitled to daily compensation of $67.52 for the Tenant's continued occupation after May 10, 2023.
Reason for Eviction Relief
Parties consented to extended termination date to allow Tenant to pay arrears
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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Financial Details
Lawful Rent
$2,054
Rent Arrears
$2,710
Application Fee
$186
Rent Deposit
$1,980
Deposit Interest
$21
Other Owed Amount
$80
NSF charges
Total Owing
$5,029 (Owed to Landlord)
Source
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