Landlord Wins Eviction Case: Chau v McKay 2023
Richmond Hill landlord wins $27577 in non-payment case, tenant ordered to vacate
Summarized by RentZenLast updated: September 12, 2024
Case Summary
23 Causland Lane, Richmond Hill, ON L4S0G5
Decision in favor of
landlord
Balance Owed to Landlord
$27,577
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2022
Hearing Date
Jan 2023
Order Date
Apr 25, 2023
Tenancy End Date
May 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $3,450 due on 22nd of each month
- No payments made since application filed
Case Study
The Tenant did not void the N4 notice by paying the rent arrears, and was still in possession of the rental unit at the time of the hearing. The Board considered the circumstances under section 83 of the Act but did not find any that warranted denying the eviction.
Arguments and Actions
Tenant
Actions
Tenant offered to pay $10,000 but did not present a plan to pay the full arrears and continue the tenancy.
Decision Summary
The tenancy is terminated unless the Tenant pays $47,417.82 to void the order by May 6, 2023. If the Tenant does not pay this amount, the Tenant must move out by May 6, 2023 and pay the Landlord $27,576.93, plus daily compensation of $113.42 from January 20, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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Financial Details
Lawful Rent
$3,450
Rent Arrears
$31,050
Application Fee
$186
Rent Deposit
$3,450
Deposit Interest
$48
Total Owing
$27,577 (Owed to Landlord)
Source
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