Landlord Wins Non-payment Case: Di gregorio v Bassily 2024
Kingston tenant faces eviction for $31091 in rent arrears, LTB denies relief
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 1015 Terra Verde Way, Kingston, ON K7P0T8
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Nov 2023
Hearing Date
May 2024
Order Date
Jun 14, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant requested a review of the previous order issued on February 23, 2024, which was granted. A rehearing on the merits of the L1 application proceeded.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $2,506.12 per month
- Tenant has not made any payments since application filed
- Rent arrears owing to May 31, 2024 are $33,596.72
- Landlord incurred $186 in application filing costs
- Landlord holds $2,445 rent deposit
- Tenant's section 82 issues not sufficiently detailed
- Tenant not prepared to present section 82 issues
- Tenant's proposed payment plan exceeds 10 years
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent is granted. The Tenant may void the order by paying $36,288.84 on or before June 25, 2024. If the Tenant does not void the order, the Tenant must vacate the unit by June 25, 2024 and pay the Landlord $31,090.55 plus daily compensation.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$2,506
Rent Arrears
$33,597
Application Fee
$186
Rent Deposit
$2,445
Total Owing
$31,091 (Owed to Landlord)
Source
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