Doverhold Investments Ltd. v Laverty - Landlord Wins Rent Dispute Case
Scarborough tenants ordered to pay $8563 in rent arrears or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 45 Livingston Rd, Scarborough, ON M1E1K8
Decision in favor of
landlord
Balance Owed to Landlord
$8,563
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2023
Hearing Date
Nov 2023
Order Date
Dec 1, 2023
Tenancy End Date
Dec 2023
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.
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
- Tenants paid $1,500 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord is entitled to the rent arrears up to the hearing date, the cost of filing the application, and the NSF charges.
Arguments and Actions
Landlord
Actions
Landlord's agent, A. Hoehn, testified that $1,700.00 was not received in June 2023 and that the Landlord is not capable of accepting e-transfers.
Tenant
Arguments
Tenants argued that the rent arrears outstanding is only $9,155.90 as the Landlord's hacked email was the fault of the Landlord.
Actions
Tenant, K. Laverty, testified that in June 2023, he sent an e-transfer to the Landlord's agent in the amount of $1,700.00 at her request, but the agent's email account was hacked and the money was never received.
Decision Summary
The tenancy will be terminated on December 31, 2023 unless the tenants pay $11,367.85 to void the order by that date. If the tenants do not pay, they must vacate the unit by December 31, 2023 and pay the landlord $8,562.85. The landlord is ordered to fix the cold water and fridge issues by December 15, 2023.
Reason for Eviction Relief
To give the tenants time to organize their move or try to obtain a loan to void the order
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,556
Rent Arrears
$10,720
Application Fee
$186
Other Owed Amount
$20
NSF charges
Total Owing
$8,563 (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.