Landlord Wins Non-payment Case: Danese v Adebimpe Elegbede 2023
Mississauga tenant ordered to pay $17686 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
3003 Brickstone Mews, Mississauga, ON L5B0J7
Decision in favor of
landlord
Balance Owed to Landlord
$17,686
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 18, 2023
Tenancy End Date
Apr 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 at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,750 due on 1st of each month
- No payments made since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant was unable to sustain the tenancy due to lack of income, and the Landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Actions
The Landlord testified that she is a pensioner and a widower who has limited resources. She is unable to pay maintenance fees, mortgage, and taxes without any rental payments since July 2022. She has been borrowing from lines of credit, but can no longer do so.
Tenant
Actions
The Tenant testified that she lost her job in February 2022 and has not been able to secure another job since then. She is currently receiving Ontario Works payments of $700 per month, which cannot support the rent payments.
Decision Summary
The tenancy will be terminated on April 30, 2023 unless the Tenant pays $17,686 to void the order and continue the tenancy. If the Tenant does not pay, they must vacate the unit by April 30, 2023 and pay the Landlord $14,097.27 plus daily compensation of $57.53 from March 31, 2023 until the move-out date.
Reason for Eviction Relief
The Tenant is unable to sustain the tenancy due to lack of income, and the Landlord is a pensioner with limited resources.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,750
Rent Arrears
$15,750
Application Fee
$186
Rent Deposit
$1,750
Deposit Interest
$65
Total Owing
$17,686 (Owed to Landlord)
Source
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