Landlord Wins Non-payment Case: Clearview On The Park Inc. v Zalwango 2023
Toronto tenants ordered to pay $9820 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 2 Greentree Court, Toronto, ON M6M2A5
Decision in favor of
landlord
Balance Owed to Landlord
$9,820
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2023
Hearing Date
Nov 2023
Order Date
Dec 1, 2023
Tenancy End Date
Jan 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $6,600 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit at the time of the hearing, and the landlord was entitled to the rent arrears up to the hearing date. The landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Arguments
The Landlord requested the Board consider delaying eviction until January 31, 2024.
Tenant
Arguments
The Tenant requested the Board consider delaying eviction between 3-4 months.
Actions
The Tenant agreed they owed the amount of the outstanding arrears.
Decision Summary
The tenancy will be terminated on January 31, 2024 unless the tenants pay $9,820.38 by December 31, 2023 or $11,474.16 by January 31, 2024 to void the order. If the tenancy is terminated, the tenants must pay $5,014.34 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay daily compensation of $54.37 for the use of the unit starting November 7, 2023 until the date they move out.
Reason for Eviction Relief
The Board considered the disclosed circumstances and found that it would not be unfair to postpone the eviction until January 31, 2024.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$1,654
Rent Arrears
$7,966
Application Fee
$201
Rent Deposit
$1,599
Deposit Interest
$102
Total Owing
$9,820 (Owed to Landlord)
Source
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