Centurion Property Associates Inc. v Mendoza - 2024 ONLTB 44046
Landlord granted eviction order against Etobicoke tenant for non-payment of rent, but tenant given conditional relief to pay arrears and avoid termination
Summarized by RentZenLast updated: November 3, 2024
Case Summary
3606 Dundas St W, Etobicoke, ON M9B1A5
Decision in favor of
landlord
Balance Owed to Landlord
$11,031
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 12, 2024
Tenancy End Date
Aug 2024
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 $2,516.44 due on 1st of each month
- Tenant paid $3,000 since application filed
- Rent arrears owing to hearing date are $13,415.07
- Landlord incurred $186 application filing fee
Arguments and Actions
Tenant
Actions
Tenant fell into arrears due to trouble with her mortgage and increased interest rates, causing financial strain. Tenant needs a few months to complete renovations and sell her home to pay off the arrears.
Decision Summary
The tenancy will be terminated on August 31, 2024 unless the tenant pays the full amount owing by that date. The tenant can void the order and continue the tenancy by paying the full amount owing by June 30, July 31, or August 31, 2024. If the tenant does not void the order, they must move out by August 31, 2024 and pay the landlord the remaining amount owing.
Reason for Eviction Relief
Tenant's financial hardship due to increased mortgage interest rates
Adjudicator Details
LTB Member
Total Orders
73
Landlord Favorable
87.7%
Tenant Favorable
1.4%
Mutual Agreement
11.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,516
Rent Arrears
$13,415
Application Fee
$186
Rent Deposit
$2,374
Deposit Interest
$79
Total Owing
$11,031 (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.